The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-02-29


Legislation has to do with the char
acter and welfare of the State and OF
every individual in it. 1t forms and il
formed by the habits, advances or re-.
tards the interests, controls and ia con-
trOlled by the morals and intellectual
status, OF the people. II Is in itself a
aclence, unhappily but little studied,
and yet behind none other In It's init.
mate and enduring relations to human
veal or woe. 1t IS old az eur race, has
commanded the attention OF the abIest
meu that have ever lived, and is az
multiiorm AS the creations of fancy
can make II.
The government of the people by
the people aud for tho people" is, az
yet, new thing under the sun.
In early days the laws were made
and executed by the same person,
or by a select class above the common
people. The republics of Greece were
but cities and their immediate suburbs:
aud their legislation, so farms the people
were concerned, lay, for the most part,
In adopting or refusing ordinances pro.
posed TO them by others. In Rome
also popular legislation WAS but a
shadow The propositions of the exec
utivs were ratified or rejected by the
mob assembled in Campus Martlus
where the other cities and the provinces
oTthe empire had no representation.
So lie 1t still In most countries. The
executive and leg .slatIve functions vest
In one person or body. American leg
ialatiou is unique. Ii is at once and in
the highest Rcceptation of the words
democratic, republican, and representa-
tive. Its forms closely resemble those
OF Parliament. The little assemblies of
Ghs provinces, at the revolution, natur.
ally and easily passed into State Legis-
lHtnres composed of two houses-the
one directly from and returning imme.
dlAtely TO the people, the other chosen
by different and generally larger oon-
Stitusucy, and holding office for a
longer period. This, together with. in
most cAssH, "A veto power In the execu.
tive, and the restraints of written
eOnatItuuou, was designed to prevent
either TOO much or too hRsty lerIsla.
ton.
Such, in brief. Is tho theory of our
legislature. Various influences are no.
tent in giving color and direction to its
action, more so than the common
nsagss, wants and customs OF the peo.
Pile. Some of these came down to us
from the teudsl ages, some can be
earlier trRCed to the Code of JUS
tiniNn, aud still others as far back
as that OF Moses, while the origin
OF not few is co equal with
ages still earlier. These cover
the whole area Of public and private
life and, in various ways, consti.
tnte "poweT which no legislator
can safely Ignore, Call them law. or
faith. or prejudice say that thew rro-
coed isom the nature OF our being or
are Of divine appointment. sim thew
preeede, underlie. override and GOVT,
that being and everything conu.o,s,,
with IL. legislatiou not sxc.D,a.;
Neither Plato's republic nor In
Bocke's theoretically perfect cop.,itn-
ton fer South Carolina, earnestIy de-
siTous OF promoting the interests OF ,bs
people and deeply read as both n,
these were, in history and philosophy
could succeed, and simply because
their theories, however beautiful. Tars
not practically adapted to the wants
and habits OF the people. Legislation
beRsts legislation, laws are enacted,
modified and repealed. State ConstI-
buttons even perish In lifetime. They
only build for sternity who. without