The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-07-07
GOVERNMENTAL LIMITATIONS.

our Government, State and National, as I'M
limited power in any of their branches
The Executive, Legislative and the Judicla
departments are all Of limited and denne
powers. There are limitations OF such pow
ers which rise out of the essential nature o
ali free governments Implied reservations o
| individual rights without which the socia
compact could not exist and which are re
specfed by all governments entitled to tn
name. Among these is the limitation o
taxation. That it can only be in aid of ,
public object an object which is within tn,
purposes for which governments are estab
lished. It cannot, therefore, be exercised II
aid of enterprises strictly private, for tn
benefit Of individuals, though in remote o.
collateral way the local public nay be bsne
fitted thereby"
So said Justice Miller of the United Statel
Supreme Court, in case where city had is
sued bonds in aid of railroad, but without
due authority in law.
Governments OF al kinds are very much
disposed to forget the natural and necessary
limitations of authority. What leads to the
complaint of being overgoverned is the prone
ness of Legislators to forget the proper scope
Of the government which they represent.
Much Of this vaguenesss Of idea would be
cured If apprentices in legislation would re.
member that they have precisely no right 81
all to do anything except what is intended fol
the good of the people, and that in every free
country, the government Yields no power ex-
cept those which have been granted expressly
or by implication from the people. The amount
of the powers granted is exactly determined
by the language Of the grant or by the nature
of the precedents from which, by universal
consent, it is assumed. In free land, ruled
by laws and not by an arbitrary. will, the
amount Of power and rights granted to the
government is small in comparison with that
which the people individually reserve to
themselves This is especially and necessari-
ly the case with republics, where the grant is
express and where the reservation is absolute
and complete. The individual surrenders
the exercise Of some Of his natural rights for
the general good. but what he thus gives up
is but little in comparison with what he re-
serves for himself His liberty, rights and
privileges under the laws are such Is they are
made by the laws to, which, as citizen, he
has given his assent, but there are other
rights and other liberty with which no gov
eminent can rightfully interfere.
Governments in America are constituted by
tho mass Of the people, who by constitution
establish government and grant 70 that gov
ernment certain we'll defined necessary
powers. But the limitation of governing
power is just as obligatory. just as sacred, and
It ought to be Just Is inviolable ~ the grants
which they limit If it requires constitu-
lion to say to legislatorA governors and courts
that they may do certain things therein per-
mitted, that they must do certain other
things therein ordered, the Same constitution
must tacitly, but imperiously forbid every
thing to be done which 1t has not expressly
authorized. There is no power or authority
in . free republican State which does not
come from the will of the people. made
known by their freely chosen legislators and
dolly constituted officers, all acting in con-
Iormity with the terms Of the grant Of power
made by the people in their Constitution.
Every citizen Of free republic has At all times
he right to challenge his law-maker, his |
governor, his judges and his magistrates with |
he question: "By what authority have you |
cted?" He is accountable to them for his
OBEDIENCE to all that they may decree or COM
nand that is in pursuance of law and in con-
ormity with the Constitution; but they are in
urn accountable to him for all their actions,
nd are bound to keep within the range Of the
unctions which have been assigned to them
y the same Constitution. i Thus the Presi-
ent and Congress may decree by legislation,
nd the courts enforce obedience within their
rescribed field of duty, being absolute within
heir constitutional limits but the most
bscure. citizen of an outlying county
the smallest State may hold his repre-
entatives, magistrates and judges accounta-
le for anything they may do without the. war
mt Of the laws, and of the Constitution, the
lother of laws. In the true republic the
ian is greater than the State. That republic
lost nearly approaches perfection where the
onest and honorable citizen knows the least
its restraints, feels the least Of its ex
,tions, and enjoys to the greatest possible
egree his undiminished natural liberty to do
J he pleases, SO long as he hurts no one in SO
Ding. True morality is that which, with
berty Of choice, chooses the good and the
ne. Genuine politeness is that which
'aves all decent men and women to the
tmost freedom. Genuine political liberty
! that which imposes no restraint upon the
Use, true and honest citizen.
The fundamental maxims of representa-
We accountability are SO clear and so pal.
ably true and manifest that those who violate
lem under any pretext ought to be forever
It aside and excluded from public service.
e ought to be pilloried before the wronged
ublic, not in spirit of revenge, bat to shcw
what scorn free citizens hold the scoun-
rels who betray the trusts that have been
,nfded to them. /,
In less than a twelyemonth millions will .