The Columbia Democrat. [volume] (Bloomsburg, Pa.) 1837-1850, 1846-08-29
THE TRUE PRINCIPLE OF LEG.
lSLArlON.

Ht IlBU|a VI VIoPol'E aHu Wo H"uCS w
transferring those lights, are the princip al
subjects treated Of by our civil laws, IT
IS indispensable that The law should define
aod declare what are valid rights in respect
10 dominion over external things; and that
II should guard those rights from (prclble or
Iraudulen, in(raclion, both by preventative
and remedial ehaclmenIs Otherwise, ,be
peace OF society could not be preserved, and
the weak would be subjected to the opples'
sion and injustice of the powerful. Further,
II is emlnenlly convenient, el least, Mat the
aw should prescribe rules for the convey
ance OF property, or rather, oI rights there
TO. But there, it is conceived, as a general
rule, the law should stop: lis proper office
is filled: and that when II Iranscends this
limit; when II gives privileges 10 some per-
sons over others and when il creates arf-
lciaI beings 10 own propeny-to compete
with individuals in the acquisition Of wealth.;
is 'readrOg on ground dangerous both To
individual and public welfare.
But, the law has been made 10 transcend
Tins its Just Limit it has given undue advan>
f tages to some persons over Others: i, has
granted privileges to some unenioyed by
o,hers-'exemptons from common Iiabili,y:'
it has created monopoles in most Of the
pursuits of life, agriculture excep,fd. i, has
created artificial exis,epces to compe,e with
1 natural ones in the acouisi,jon Of wealth
e The injurious consequences Of this policy
t are both clear and alarming: and i, becomes
: US 10 open our eyes 10 its ,rue character.
Equality of rights, and not eoualilv OF
condition, constitutes republican liberty.
and whatsoever trenches upon this. is inim.
4 TicaI TO our system and is to be con,ended a.
gainsl The conditions Of men will he va
= yied, No law can eauallze the in,elIec,s Of
:. peopIe. apy more than il ran oive IN al
d ,he same phy steal strength, Bu, !, ran civ,
t them equul righis: and all LEGISLATION shoulc
keep this obiec, s,caliy in view.
Upon this principle Democracy plants
IlSell: equal rights 10 all, special iavors to
none. Federalism, on the other hand, has
/, ,IcOnIinually sought to draw off legislation
g from this principle, md make il conduce IL
he interests oil a class, or of few. What
u were ihe alien and sedillon laws, but an un.
Just discrimination between different classes
y Of inhablanls! Federalism, by their enac,
menl, prohibited portion of the nhabi,anl.
OF the country, from eniOying poll,ica
rights. New England Federalism opposed
lhe war of 1912 becasse, although rendered
" necessary to yindicaie the rights and homo,
of The country, i, affected niuriously the in
; erCss Of class. the commercial capitalists
Ii stopped their gains from commerce. and
' they threatened TO cut loose from the union
rather than submit TO have their profits cnr
, Iai,cd, This doNar patriotism, however,
was made to bend 10 tue interests and hon
or Of The union as a whole, & we came our
Of that war with vindca,ed rights and es,ab-
Ished character. When we ccme down to
later times, we find federalism under new
names, true to its ancient fanh, and advoca-
ling measures as unjust and dangerous as
those Of Getmer times. what was the
Bankrupt law, bu, sponging act for Iaroe
spectators! 1t was a law passed for the di-
rect advantage Of some thirty thousand i'm
prudent or fraudulent men. who had earned
its passage at the hands of Federalism, BY
IpOIiliral services rendered in the various