Mississippi Democrat. (Hazlehurst, Miss.) 1875-1???, 1875-07-28
THE DEMocRAr.


There !, ~ such thing IN the theo.
~ 81 our Government State aud
National, ~ unlimited power in any
oi their branches. The Executive,
Legislative aud Judicial departments
are all limited and defined powers.
They are limitations Of such powers
which rise cat of the essential nat
are of all free governments; implied
reservations Of individual rights
without which the social compact
could not exist, aud which arr r.-.
pcctgd by all covcrnment. entitled
io the name. Among these +. Ihr
limit oi taxation. That IL can only
bee IN AID of a public object. un al.
Icct which j. within the purposes tor
which governments arr established.
II cannot, therefore, Ice exercised In
aId Of enterprises strictly private.
orthc benefit of individuals. though
ina remote or collateral way the lo-
cal public NAV be- benefited thereby.
- said Justice Miller. uf the | mi
ted states Supreme Court, In ease
where city had issued bonds in aid
oi railroad. bat without due an.
thority of law.
Governments Of all kinds are very
much disposed 4" forget the natural
and necessary limitations of author.
~. What leads to the complaint of
hciug oNcr-governcd, j. the prone
mess of Legislators to forget the prup.
81 scope "f government which thay
represent.
Much Of this yagucucs. of idea
would hc cured II apprentices M
legislation would remember that
they have prcc-"ly me- right AZ all
To- dn anN.hlng except what j. in.
tended Tor the people. aud than IN
every free country the government
wicli~ no power except those which
haN. been granted expressly or 4,
imrlcaiion from the people. III,
amount of powers granted = exactly
determined by the language ui thu
grant or by thc nature of the pre-
"ydcms from which, by universal
consent, Il j. assumed. In n free
land, ruled hv LAWS aud not by an
arbitrary will, the amount oi power
nnd rights granted Ia the govern.
mcnt j. small in comparison with
that Which the people Individually
reserve Ia themselves. This j. ~.
rceiallv and necessarily the case
with republics, where the grant il cx-
press and where the reservation Is
absolute and complete. The indi-
Niaaal Surrcnder- the exercise of
romo Of his natural rights for the
general good, but what be- thus gives
up - hnt little IN comparison with
what hc reserves for himself lIiS
liberty, rights and privileges under
the laws arr such n they are made
by the laws 10 which, as a citizen,
hc has given his asset (, but tLerr
are other rights and other liberty
with which no government can
rightiGlly interfere.
Governments in America are con.
stituted hy the mass Of the people.
who by a constitution establish "A
government and grant Ia that gov
"rnment certain we'll defined neccs.
sary powers. But the limitation of
governing Il out TO be Just as obi.
Eatory, just Ne sacred, and IL ought
10 be- Just as inyiolable A. the grants
which they limit II IL requires a
constitution TO say 20 Legislators.
governors aud courts that they NAV
do certain things therein permitted,
that they must do other certain
things therein ordered. the same
constitution must tacitly. but impcri-
ously forbid everything 20 be- done
winch u has not expressly author
ized. There j. no power or authori-
" ~ free republican State which
docs not come from the will of the
people, made known by their freely
chosen Legislators aud duly oonsti-
tutcd officers, all acting in coniOrmi-
~ with the terms of the grant ct
phwer made BY the people in their
constitution. Every citizen of q
free republic has at all times the
right TO challenge his law maker, his
governor, his judges, aud his magis-
tratcs with the question "By what
authority have you actcdF" lie j.
accountable 60 them for his obedi.
enoe 10 all they may decree or com
mand that IL In pursuance oflaw aud
in conformity with the constitution /;
but they are In turn accountable 20
him for all their actions and are
bound 10 keep within the range Of
the functions which have been a.
signed 10 thom by the same oonstitu-
tion. Thns the President and Con
grcss may decree by Legislation, and
the courts enforce obedience within
their prescribed field of duty, being
absolute within their constitutional
limits; but the most ab~cure citizen
of AN outlying county of the smallest
State may hold his representatives,
magistrates and judges accountable
for anything they may do without