The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-09-07

Thc Camoen ana annoy HOu1c8oo-Ano
Rights, the Law, and Liability q Parties.
We have thirty States and one rail company
in the American Union-thirty political organ
izations in which sovereignty is in the people,
and one ia which it is in President and Board
of Directors of a sharply managed money cor
poration. The assets Of this latter institution
consist of certain roads, cars canals, boats and
fixtures, and amongst these the people of New
Jersey, who caused themselves to be assigned
to a few capitalists about twenty-four years
ago. There were those who, though they felt
themselves sold, did not exactly relish the idea
of being transferred body and breeches, to
the new concern. They were exceptions, how
ever, and they seem to have grown, if we may
Judge by the decision of the Coroner's jury
like the old maids waist, "small by degrees
and beautifully less" ever since. The Camden
concern continues to carry on its complicated
operations under two sets of men, the one
called Governor, Legislature and Judiciary,
and the other 'the Joint Board of Directors;n
but it would seem, after looking into the mat
ter, that there is in fact but treasury, which,
for obvious reasons-for instance, the impro-
priety Of trusting men who can be bought and
of course require re-buying-is strictly under
the sovereign authority of the Joint Board.
Having secured possession Of the State, and
still feeling it to be necessary to maintain the
political forms of representing the Joint Board
in the Senate and House Of Representatives at
Washington, the concern has scrupulously pro-
vided men for that service, and mainly out of
their own immediate household. This may be
regarded as a somewhat expensive SYSTEM but
when we recollect that the Camden and Amboy
corporation have had twenty years to devise
scheme by which they could tax every non-re-
sident traveller who is compelled to pass
through the territories of the Joint Board, and
that they have already realized from this
source at least two millions Of dollars, besides
avoiding vast deal of pecuniary RESPONSE
bility as common carriers, it will be seen to
be an exceedingly economical arrangement.
But let us look at the facts. The following
is one of the sections Of a law Of New Jer-
sey:--
That whenever the death Of person shall be caused
by wrongful act neglect default and the act neglect
default il such would if death had not ensued have
entitled the party injured to maintain action and reco
yer damages in respect thereof .nen ana every suGa
have been liable death had not ensued shall be liable
to an action for damages the death OF
the person injured and although the death shall have
been caused under such circumstances as amount In law
to. felony.
But ifthere was no such statute the right to re-
cover would still be complete. Responsibility in
damage attaches from The carelessness, neglect
or any wrongful act, or from some law whose
provisions have been violated, whereby injury
has resulted to individuals. Those who are
injured have common law right to indemni-
fcation, and they may enforce that right by
the Courts Of the place where the contract was
made by which the homicide agreed to trans
port them from one point to another-and Ii
the company have property, therefore, in Phi
ladelphia it may be made the basis Of a civil ac
ton for recovery in the State of Pennsylvania.
There is an impression that the provision Of
an amendatory act, passed in 1854, requiring
certain things to be done by the companys
agents, and imposing penalty of one hun
dred dollars for every violation thereof, but
providing that complaints under the law shall
be made within ten days after its alleged vio-
lation, is applicable to those who were injured
by the Burlington slaughter. This is an error
No such notice is required to be given. That
act was made to regulate the relations between
the company and its dependent State authori-
ties. The question of securing Naturalization
to the sufferers then, rests upon general prin-
ciples of law and upon statutary provisions.
If any difficulty exists, it is in the enforce
ment Of individual rights under alleged COM
plicty Of all the judicial tribunals Of the State
of New Jersey and all its people, with the par
ties who, in this case, committed the wrong.
1t is serious charge to make that one Of
the sovereign States of the Union has become
the mere dependent Of corporation located
within its borders. That to accomplish this
has been the effort of that corporation we do
not doubt-that it has been successful implies
that the whole people of New Jersey have be-
come its tools, and in this case, parties to
criminal act-accessories after the fact-and
guilty alike with the perpetrators Of crime in
aiding to suppress it and to shield the guilty.
II has deeper shade of degradation still: it
involves the very temple of justice, and its
sacred sanctuaries as places Of refuge and con-
cealment Of the homicide, and rs instruments
for Withholding what is due to the injured.
Such charge is too broad and too deep.
That it is partially true-true and applicable
to parts of the State, and to some of its Judges
but untrue and inapplicable to the whole
State, we believe. Those who have suffered
have the power to change and again to change
the venue Of their actions from county to
county, and thus to search out place where
the public mind is free, and where justice may
be administered. We believe that such place
can be found and will be found.
Besides, the American people are controlled
by too high sense of honor, and are too i'm
patient of mere mercenary restraints, long to
submit to be the tools of money corporations.
II is not unavoidable then az this subject Is