New-York daily tribune., 1858-09-21

/ ulftrt
| sacred than tie property of indiv.iu,.- NJ. Ar
hospitals established by the State morn -ac~ei thar
/ hospitals established by individual NJ. /. tLe-
which Is iu-tifable when applied 70 aba'e ua.arce.
ri-tins wi'lou the color Of law o1iustiiabe when
sr,ued to tie nuis.nces scr- under color Of law
Ilese are the questions. First, 70 the superior
.qroiity Of state property. W. NJ know that
roihinr Of the sort exists. Ii public property
!. trtspassed upon. the -ame law Of trpspa,.
n .toli the ,ame law Of larceny if fbrgarousiy Ell.
tere5 The sAmc law II burglary. if ifieoniol.y burnci
the .ame law Of arsonis invoked a. when tie act Il.
done ty pri, siS property There !, not las f,r
the rr-cction Of private properly AMI anotl'er and
GLORY of oir CoverrIr that the high sanctions
which euard the proud edihce on Ccpiiol H wisis
her flaming sword, 20 protect the hEmbie-t dwelling IN
the State "" there j. no superioi .acreiness of ole
kind - property over the other. Tie same law, the
same court, the sam. rights, the sam. penal
tie- flow % both. This. then. being 20. j.
there ans superior sanctiiy attached To hos
pi,als established by the pubIc WHY, ~ know
Il ere j. nothing of the art existing. The c1l~o Of the
.ick !. no prerogatiye of the STATE. Individual sut-
frinc appeals first 10 individual sympathy and indi-
vidua care Private men may establish hospitals a.
well as the public; and whenever and wherever hey
are established they are, II carried and conducted
according 10 their true nature. sacred. Wherever
and wherever individual suffering exists the appeal
j. Ia individuals mr.. add chiefly. The Government
may, a. individual, may, establish hospitals for the
sick and the dying; but the public more than
individuals has the exclusive night To- the protection
and guardianship Of suffering humanity. Whenever
and wherever suffer- whenever and wherever
men are oveItaken by disease il il the right Of nfi
viiuas 10 uterpo,e for the mitigation of that sut-
frrifg II is touching consideration that lie who 1888
YEAR ago came into the world the great Reieemer,
found better way to prove hs divine legation than
by healing the sick, giving slgh' IT, the bind, and
restoring reason tu the mad But this sacredue>, in
respect depends rIon whether the charities
dowed by private or public munfceucc. No II j.
what the Institutions are and not by whom endowed,
that commend. them 20 the sympathy and kindly
CARDS and eneratiou OF markiud; and whenever es-
tablished either by public heneficencc private
these institutions. if conducted according to their
true spirit. guarded by the same law. The public
charity is protected by the same law, and by no
other than that which stands by tie owest chamber
tenanted BY single sufferer. But tellow-ctizens,
whenever hospitals become false pretense and n
cheat instead of mitigating human woe they enlarge
liz area BY multiplying s victims; tIen It's sacred
ness j. withdrawn and the law, winch would other
wise protect it. stands aside to make room for that
other and higher law written by the finger of God IN
the hearts of all men-that law viii IN every human
Jurisprudence has sanctioned, and which no human
iur rsprudence has dared 10 tnuch-the great law of
self-deense. This undoubtedly is true in regard to
individuals. In the nature of property what Is more
sacred than mans dwelling Its outer door
cannot be broken in by the civil officer for the
service of process. II is ones castle and he may de-
frnd it, even at the expense Of blood and may repel
tie assailans even at the expense of Ile Aud YET II
that dwelling be so conducted-if by reason of ~
situation or the manner in which its occupants spend
their lives il become dangerous 10 the lives or the
hcaths of the neighborhood, then that outer door
may be broken down, that dwelling may be demo
,hed and even the foundation il rests upon may, II
necessary be excayated and removed. No man has
the right to imper the health and lives of his neigh
bors: and under such circumstances seli-dcense be
comes law to those whose lives and health
are endangered-a law which they may
take into their right hands ard execute
ins their own speedest way. Hear, hear.
Our glorious common law never did 80 unwse, so mad
n thing as 10 require to die first and then indct
aftcrwarl for being killed. lLaugh,erl AL this
everv lawyer knows; all this-at least applied to
indiy only every lawyer, but amos. every
man not lawyer knows. No wan denies it; ho man
questions il. But It il said that the rule stops when
you pass private nuisances particularly when you
arrive at nuisances existing under the broad shield Of
State property-as if a State had monopoly Of
nu.arces. [" Coed, and laughter: A. if the State
had the high prerogaiyc To spread the pestenoe and
TO dffuse the plague, A. if the State, which can
touch dollar of any citizens property without Just
compensation, has right to subject him, NJ the VIII
of others to n the plaques and all the pestences OF
half the world A. if the State, which can put no
man twice in Opardy for any Oense has the right to
expose whole communities, every day aud every night
Of every Summer of their lives, to all the epldelnc
that enter our harbOr, for no Oiferse al al a. II
thi. mere State lad the right to offer up hundred
citizens more or less, OF the County of Richmond,
and five hundred citizens more or less of the Coun'
~ of Kings, annually, human victims TO the
Mnloch of Commerce lChcers. For doc.
trines so horrible, monstrous, so eNecrnbe,
demand some Constitution Shall We be told that
while the fundamental law guards every man and
protects him in the right TO think, to speak and TO
publish what he VII, yet he has no right to breathe
Gods air pure except by State permission lCheers
and lAnglferl Are we 10 be told that, when no man
can be tried for crime higher than petit larceny
with ut having been ff-t indicted by Grai'i Jury'
and without Petit jury Of impartial men; ana VIII
ont counsel 10 conduct his defense and without beng
confronted by the witness against him, yet that the
mere will Of the State, at IT, mere discretion
whole communities NAV be subjected To the
scoury. which the statement t. which you have JUST
listened so well recited! Are We to be told that to
enable few ship owners and merchants To carry on
gaufal or ungainiu traffic with pcstlIcntiai cilnae-
il is necessary that lives aud health, and the h'eS
and health Of all whom hold dear tO ourselves are
,o he thus periled that this high authority oi the
State is an authority which man may question, to
which al men must submit, 10 which al men niu't
cringe ard bow and he silent before No, ieAow-
citizens No And much less are We To be
told that resistance 10 such outrage Is the
most disgraceful Of crimes in The Language
Of the proclamation. and that the glad JOY which We
all felt at the first triumphant resistance recently
made was on act of finsurrec, ON. Hear. Are veto
be told that II i indispensable that intercourse with
pestilential mates shall be maintained, and that ci-
zens who have committed no crime and done no wrong
in their childhood female los nes; the ygor OF mature
life and trembling age may not continue TO oreaine
the air which God La. given except by State pernis-
sion Felow-c,izens these doctrines are utterly eA-
ecrable and horrible they az war with every m
stuct of our hearts: s withhe whole spr o our
Constitution and a, the statement has shown, they arr
az war with the very law Which into and forms
part of the statute establishing this very Quarantine
No fellow citizens no. The men who did tins act-if
the Quarantine were a nuisance iii was fase pre-,
trnce-did that which the laW not only aathofizsd
them to do but which the common law required ihem
to do lCheeIs.l The only questions that remain
are l. Quarantine n nuisance is fal-e pretenGe
does il spread disease does il enlarge The area oi nv
man woe by increasing the number of it victims II
T al. md tHt.
that beat. in every human heart its doom.
| MhAf il the fact doe. an, bndy saY q sOlatrs