Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1844-11-28
From the WceferH DemOcrGfic Rericu.
The Province Of Lc.i,laiiOp.
81 ROBERT DALE owEv
LEGISLATION o. OpINlON.


ton vas arrested by the vibrations Of lamp, snspcn
d from its vauted roof: which vibrations. whether
great or small seemed 10 rccur AT regular Intervals
Tins apparently unmporant observation suggested t,
the floreniIne naturalist the principle of the pcndu
lum. and rs application a measure Of time la,
tFsilleo's thoughts been bent upon moral philosophy
'nslcad Of physics. The same phenomenon might hat,
suggested very different train OF thought. tn,
swinging lamp might have seemed hiin an apt en-
ben It the human mind and rs pendulou, propcnsi
y to extremes IN all ti.ings.
In 10 department Of mans affairs has tins bcsettine
SIN OF our nature eXcrtcd more mise icvous nllucnc,
than IN legislation. The original source whence lu
man governments hal birth, was n convi tiof NOR,
or less distinct, OF the evils and suilcrngs caused by
lnwlrs' license. In the earliest ayes of hlrharisn
there was neither security for lfe protection for
property. nor assured reward for labor excerpt sucl
as The strong hand afforded Hence the social com
pact 10 secure life. hbcry and the pursuit If hapri-
ness, governments were instituted among men.
,hcn came the error. The pendulum SWunr from
anarchy 10 dcsp 'iism. II first, the world was not
governed - all soon - Was governed too much. A
privileged order ar-. men. IS the witty psaumar-
cha- quantity express ! Il, VIZ conceived that u"y
had rroscriptye right 10 all Office and poWer, b.
cause they had taken the trouble of beng I'm.
Government became q trade, and very rrofigaic
one The first idea oI security 10 person and property
and labor gradually lost Rulers longer pro-
iectsd; they nterlersd. The question was rot how
icw laws wcr required but how many thcy cotld
tricked into enduring.
Who, ere the trial WAS made. could have praalo., d
how many Who. # hc had Justly rrophc.ied. would
have obslaed cred nrc! Nothing 50 olious, nothing
- absurd. that Il Is beyond human endurance. The
bcas To- burden struck itl tie SPUR and broken u the
3.t. i less patient than man, legltimacly ridden.
Men tnlh much of bad ltus. and write volumes 10
snow. how they may b. replaced by rood ones. In
inr cas's out Of ten, they ought be replaced at
all. IN nge GA fftsn the error has been. not
nthe special law tt' ptri.lllr ordinance. but in
~ ltfft
shape whatsoever Ia n.nr cas- out c ton tine lceis
lnttr might indeed Int on the more the less mis-
chefous but iie true remedy simple IS to lie be-
meath the reach Of his sagacv Is found COM l-
Gated code, cN>t> IN ~ multiplicity OF statue- II is
confined IN one bficf mINa--n thrle short word,
lit NONE.
1t ca l- TIL ...n,ts 81 LuitIBn nature, 10 lind IL,
OF ages resolved INTO The trln~,sr son ola
principle like Tia IS. Yet truths simple. almost in
the ratio If their appearances and attain Tie knowl-
edge OF an important truth, how simple socver. how
readily stated. low easily comprchcnd,d Il may b..
mea ere otcn doomad 10 eulwauder ages of ignorance
To prove thousand conn calons Of crro.. 70 suffer
under thousand varieties Of misconccptioa and IN
ustice.i
Thus ii has been with the principle Of legislative
non nterarence. When n hw-givcr ASS himself
what the law shall d. with regard TO this matter or
that, the last answer which suggests itself to his self
Importance, is-ao,hlng. Man. =" clothed with ll.tle
brief authority" dl>kcs Of all things 10 discover,
tat the world cannot 20 without HIM. The poiil-
cal physician viii try every remedy IN lis legislative
pharmlcopcia. before II his wisdom. that IN
some eases. mnv be bet - trust 20 nature and to
the strength Of his patients constitution.
Legislators commonly lack flth IN They
rs he TO Statute Book the good that exists IN spite
of 1t. Breathing atmosphere OF excitement they
seldom posses, quIetnc>S Of spirit TO observe without
prejudice and decide without passion. They viii not
suffer to do her part 1t l. their business to
find. make. occasion for their services. They
tract habit of belief that. unless they continually
setting something right. the objects OF their must
needs be gong wrong. They treat human nature
some country dame. trudgng 10 market, Is wont 10
treat her antiquttcd stccd Jerking the birdie and
kicking Its side without mercy ntcrmiss ION. with
no definite object and for no better reason than that 1t
the old lady's pleasant and accustomed exercise.
And II such be the character of honest lcgsla
ton. what of history dark records of de>potsIn In
following out, from age To age, the story of the
less struggle between the privileges of the Few and
the rights of the Many. forth from every page bazon
et on the experience OF every nation, shines cut The
great truth. that much legislation has been the
Of mankind and that law has become. (alas :!
how few the exceptions y weapon of aggression
rather than an ggs of defence As We read we feel.
that the protection of government has been outpur
chased by It's in,ermeddlines. and that the people
might well, the words of the Cync philosopher tell
the Alexandcrs of the world. that the only favor they
asked of them vas-tO stand out OF their sunshine.
Men are not wise and good enough 10 dispense with
law. Would that they were Government like meds-
cine, is TO US a necessary evil. There such thing
as the desposm of anarchy. and king Is not inds-
pensibe reign of terror. The practical question
is how many OF the >ibylnc leaves of legislation we
m,v safely burn. vet leave the remainder more valua-
bic than the entire code.
Ii Is useful 10 trace the fate of past decisions for
thereby NAV determine the trcndIngs of future
form. When miner SINKS his shaft and strikes a
productive vein of ore his first care is follow ii
far as to observe leading direction them emerging
to the surface with that observation for guide he
sinks at remote distances. other shafts. confident that
he will again arrive al the object OF his search -
with the rich and hidden lodes that stretch away into
the great mine of Progressive lmpro, emen'. Guided
by observation Of their past may predict
where after generation VIII ind them.
The prncT ie Of progress in legislation has hithcr-
10 been from the more II the les. Ii compare tne
statutes and constitution of Republican America with
the laws of MOnarchIcal Europe. may surprise Us
10 discover how much Of the difference between them
consists in omissions And OF the aftcr-;hoarht ot
1.-The best government Is that which governs least
Motto Of the Democratic Rerfsc.
The world governed too much. Motto Of The
Globe
An example illustrates this remark The entire aTgu-
touching compulsory church establishment. 20
those who have read Bdncioiis excellent
history may remember No one, said Roger Williams,
should be bound worship or, he added, to main
tam worship, against las consent. - What -
exclaimed hi- antagonist amazed his tencts " not
the laborer worthy OF his hire :" Acs, replied he,
" from them that hire HIM