Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1869-02-24
For the Mineral Point Tribune.
Popular Error and Vital 0ne--The Great
Need of the Heur.


The great popular and vital political
error of the day, in my Judgment, is in
assuming that the legislatures of the sew
eral States may legislate upon any mat
ter whatever, not directly and specitical
| ly inhibited by constitutional authority.
| Hence, we have wandered off, step by
| step, from the true principles of governs
| ment, till we are now lost and bewildered
amid conflicting interests and dangerous
alluremeuts on every hand Like the be-
nighted traveller following ignus fatuii
to his destruction.
\ glance ar our statute books, from
/ first to last, will show, most pain fully,
how far we have wandered from the true
path Of legislation, ana our accelerating
rate of departure and careful reading
of the views of those eminent statesmen
and jurists who laid the foundation of
this government, as well as those of 9TH
er countries who have written on govern
mental authority and political economy
will convince Us of the danger Of our
course and the necessity of retracing our
steps
Among latter-day politicians it seems
to be taken for granted, that we are or
ganized into political bodies for every
conceivable purpose, not otherwise de-
termined by the fundamental law-that
majorities may do this or that, may i'm
pose this burden or that restriction upon
minorities at their sovereign pleasure,
with no recourse upon the part of minor
tiles but submission And | am not sure
but that this spirit (this view of the case)
pervades our judicial tribunals. If this
IS the right view, how, by hair S breadth
only, is it separated from the domain of
absolute despotism. What thin wall
shields us from the imposition of downs
right tyranny Let us not be too suppo-
sititious or too mealy- That
frail barrier was long since broken down,
and we are daily oyerruu and trampled
upon by majority masses, acting in pur-
suance of legislative enactment, who are
stimulated if not frenzied by hope of
gain, cr led on by the silly catch-words
or specious arguments of the design
ing. Ones property is taxed to more
than its productive value, to institute or
carry on works of doubtful propriety and
of questionable utility, or to build up in
terests Numerically opposed to his own;
and this too by those who have no rata
bic property upon which the hand of tax
alton shall fall.
Take the very common case of voting
aid to railroads There is hardly coun-
ty in the State, or any place Of considera-
bic Importance anywhere in the West,
but has either voted frightful burdens
upon itself to aid in the construction of
railroads. or provided itself with the re-
quisite legislative authority for doing so
at any time. The bill, presented to the
Legislature in such cases, have rarely if
ever been called for by the people in
whose name they are presented but they
have been prepared, presented and put
through under suspension of the rules, at
the suggestion of very few persons hav-
inc connection with the roads for which
the aid is sought These men all know
the power of blarney They are adopts
in the art of playing upon that "harp OF
| q thousand strings public creduhty;
and it is not strange that votes taken un-
der such auspices seldom fail One may
as we'll attempt to whistle down the wind
or to lash the waves of ocean into silence
and stiffness with a wisp Of straw, as to
! attempt to make head by candid argus
/ meBt against one of these dd cdptandum
/ appeals to the interests and votes of the
/ people.
! If the proposition was for sthe State or
( the County to build railroad canal or
( other work of internal improvement, on
/ its own account, and not for private
corporation, one Objectionable feature
/ pertaining to such propositions would be
/ remo5ed The State Of New York built
/ the Erie Canal; and the result has shown
+ the wisdom of the IN lertaking: but. if.
+ instead, that State had donated some mil
/ lions of dollars to a private corporation
/ to aid it in the obstruction OF the great
+ enterprise, it would have transcribed its
/ duties, and have been guilty Of Partially
/ and favoritism in the bestowal OF its gifts
/ If the State or the County or the Town
/ give sum of money to aid any one en-
! terprise, because majority voting there
I on determined it to be for their adyan-
/ tage, the question Is one OF very uncer-
! tain tenure and altogether at loose ends
/ You thus open the doors to speculation /;
/ you give the majority of any people the
/ right to vote the minority into any line of
/ business or venture that lemag0guelsm
F., may lead or chance direct them They
/ may vote you into railroads, or they may
/ vote you into the tripe and trotter BUSH
ness. Maiorities are quite as falIble
/ in judgment as individuals - perhaps
more so, for we are greaarious in senti-
ment as well as in habit The whole
/ flock follow the beIl-weather. If this
+ rule obtain, where then is the safeguard
which the law should, above ali things,
/ afford 10 the week Where Is that mar
yellous "-E,yis Of protection which ora
/ tors tell Us Of as being thrown over and
around, as with a garment or seven-fOld
shield, the humblest OF American cit
+ izenS2
/ Two or three very plain examples will
+ illustrate ny idea as 10 the natural scope
/ and limit OF legislation in matters of un-
I doubted authority First Highways or
+ common roads. These are left to the con
troll of the local authorities. but the right
+ of the public TO travel freely over them
canno. be impaired. Granted, If you
T please, that q county or town might, IN
+ der proper legislative authority, build
I