The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-04-11

SPECIAL LEGISLATION. |,

Itis We believe conceded by all writers the origin
OF society and government that what is termed the social
compact had for principal not sole object the protec-
ton of persou and property To this end union II all
was necessary the safety Of all and tb Is the legti-
original basis Of all government. For the protection
of person and property it ws necessary that all should
unite not only in deenng from enemies abroad but
that the ndiydus members should be shielded from the
assaults OF each other the weak should be protected
from ne strong the peaceful citizen from the maraudng
robber the honest from the rogue by laws opera
ting equally on ALL imposing equal restraints and granting
equal mmunities all glasses Of eemep without ercep
ton great and Indispensable requisite to the author
y of human laws Is that they derive their highest
ton from being based those great principles OF
and justice which, IL innate to the heart Of man.
born the moment he brought into association with
bis cannot live together with
out respecting the rights Of each other Human laws
not intended to direct the conscience but the action Of
en-the former being the province of the Divine law
alone.
The essential difference between free and despotic gov
ernmens consists in this that the former imposes
strans on the freedom of action and will, except those
which Indispensable the attainment Of the great OBJ
ect of the social compactnamey the security of person
and properyand that Its powers limited that pur-
pose alone while the latter exercises Unlimited discretion
in regulating tho action and will in where perfect
freedom would not be in the least Inconsistent with the
curiy of person and property la proportion
say restraints human viii and human action null
tpied mankind become equally enslaved matter from
what power they proceed whether legitimate king or
sovereign people The letters equally CALLING let who
viii put them on.
There tyranny whose pressure is so great and go
general in its operation the people large multi
plication Of unnecessary and vexaous laws increasing
every day in mnuteness and perplexiy until length
citizen tell what his rights his duties what he
may may not do without consulting lawyer. The
moral distinction thus entirely lost sight of and the
ercse Of in the direction Of conduct rendered
not only unnecessary but sometimes absolutely criminal
Man not slave merely because he is properly and may
be bought and sod but because be possesses neither the
freedom of will of action cenno like his master do
he pesscs in all where restrained by regard
TO the rights of others II correct these premises
The multiplication of laws imposing vexatous
unequs restraints comforting unequal privileges creating
new crimes inaicng PENALTIES and instituting new
nquston into the private character nfrmes and
domestic relations Of citizens species the worst
calling despoism and people subjected its sway can
justly boast Of their freedom respect to governments
not things and though we may call one mon
nrchy, another republic though their may be d
fren they may be administered to be essentially tie
same There is deapoism of the law well as despot-
ism of the viii of man. and to be aw-ridden ia as
bad as to bo priest-ridden tyrant-ridden.
Next to multiplication Of laws imposing unnecessary
and vexaous the private conduct or political
rights Of citizens those which may Chased under the
general head Of special legislation and whose application
is confined to limited sphere favored claes or small
number Of persons associated for particular purpose
That these laws invariably anagonistica or at leas,
Inconsistent with the great principle of equality on which
this government based cannot we think be our STONED
That they confer small portion Of citizens certain
valuable privileges mmuni,ies exemptions which are
denied to individuals and masses ia certain else they
would not be sought With such avdity and sometimes
chased at so high price BY this system special egsa-
tion species of beings has been created an artificial
progeny which neither fish, esh nor fowl strange sort
of iusus nature partakng of opposite rreconcabe charsc-
teriscs; in short amphibous animal-to use western
phrase shalt horse half alligator Though the constituent
members of this hermapbods body to
sous universally conceded the aggregate body though
gifted with species OF Immortality altogether Invested
OF that high attribute, and that not coming within the
class OF rational beng it is relieved from all responsible
~, at least here, If not hereafter.
Anatomicay dssected it il found to consist Of pdivd
ual men of flesh and blood but taken as whole or tech
ncaiy in its corporate capacity it is were sort OF
nonentty invisible and intangible which, to attempt to
CATCH is like striving overtake his own shadow
The constituent parsthat is say the individuals to-
posing this mysterious ndeinable bodyare indeed like
other people subjected to the laws enjoying only the
same rights and restrained by the same duties and respon-
sibes; but when they together when they act in
concert and form unit they once become separate
Glass; they longer COMPOUNDED with the rest of the
rabble Of mauknd they privileged exceptions to the
general laws by which all Others governed they have
code peculiar to themselves and so convenient for
all purposes good bad, aud Indifferent that we believe
there is no example in the records Of legal
OF one of these delinquents having been brought
candign punishment for any fraud, however monstrous
They escape like Ulysses by being nobody" They blow
up like steamers the Mississippi and the fragments
be foand least never united again No one
tell whether they had anything to lose or If So
what has become of it and the bewdered creditor after
chasing them through all the nexrcabe mnzes of the la
is finally lost in a vacuum
ltmay be urged that the creation of these artificial
bodies cannot justly be called special legislation nasmuch
they exist at least in of the States under general
law and portion of the people excluded from sharing
the benefits of acts Of Incorporation that is to cav
Int ttooa As.,p nntol LII