The Santa Fe weekly gazette. [volume] (Santa Fe, N.M.T. [i.e. N.M.]) 1851-1854, 1854-03-11
Special and Private Legislation.

Special and Private Legislation
General laws, like the constitution, ap.
ply to all persons and at all times alike.
They are supposed to he based upon prin-
ciples Of justice and equality, and tendto
promote the common good. Like the
dews Of heaven, they fall upon all alike"
In their preparation and enactment the
wisdom Of the Legislature is employed,
and in their approval the President gives
them the sanction of his deliberate iudg-
mont. The law-making power is fully
exercised in placing them upon the sta
tute,book, and the electors, sooner orlat
ter, pass judgment upon their propriety
and fitness. Special legislation provides
only for particular cases, and is usually
limited in its operation to particular in
diyidaals, and principally to those hav-
ing claims upon the government. Spe-
cial laws for the relief of individuals are
founded upon the eppaYtc statements and
evidence, considered by neormore men,
bers Of q committee; and general the ac-
ton upon them is regulated far more by
the confidence roposed in that examina.
ton than by any knowledgemembers pos
sess Of the facts or principles involved.
The physical ability of the President is
unequal to the labor of examining the
facts in each case. From the manner of
framing such laws, they never disclose
the principle upon which they are based.
With few exceptions, he takes them up.
on his faith in the two houses, and ap-
proves as o matter Of course. From ne
cessity, his duty Of examining them has
bccume Il mere matter of form, instead Of
one ofjudgment. Consequently, it may
be affirmed that the President, as well as
the two houses of Congress, may be said
to act upon the confidence that is reposed
in the committeeman whoreports the bill.
They must do this or defeat most of the
private bills, as neither can possibly ex,
anime them fully, There are about tw-
clve hundred large closely printed pages
of privato'acts passed by Congress, pro-
viding for some five or six thousand ca
ses, causing draught upon the treasury
for an enormous amount. How many Of
these received full consideration on the
whole law-making power, and how many
passed as a matter Of faith, no one can
tell, The princip lies Involved are not
dsclosel in the acts, and often not in the
reports ofcommittecs, whcnmade in writ.
ing, Neither the President nor the peo.
pie can possibly learn the principles which
governed the action of Congress or the
committee, The grounds of action are
never searched ont even by those who
have access to the means of information,
except to serve as precedents of other pri.
vate applications. The principle of ac.
tion by Congress in such cases is wholly
unknown to the country atlargo, and can
only be learned in this city at a heavy
expense. In our Judgement, this kind Of
'glslation IS as wrong in principle as it
is known to he Objectionable and unsafe
in practice. Every wise and valid law
must be based upon some principle sane
toned and approved by the law.making
rower 1.-THE principle presented for con,
sidcration is wrong, the bill should be re-
iected; but if right, it should appear in
the act itself, and apply to all cases COM
ing within it. This IS the foundation of
our pension, land, Gncluding pre-emp.
ton and custom-houso, patent, natura-
lzation, and many other laws. They ap.
ply to all cases where certain circumstah,
ces exist If it is right in principle to
dispose with any condition which either
imposes, it is equally right to dispense
with it in all, as all have, underth same
circumstances, the same right. Equal
justice is due to all. If it is right to
grant a pension to A, whose service is one
day less than prescribed by the general
law, tits equally Just that all others SINH
larly situated should have one. Ifitw
right to grant tho widow of a revolutio.
nary soldier, not provided for by the
existing acts, pension for life, because
she had numerous children, grandchil.
dren, and great grandchildren, as recen.
tly occurred, it's equally right provide
for all others whose claims have the same
foundation IL fit Il Incl 10 rnlin., : ,A.s