New-York tribune., 1876-05-19
OVER-LEGISLATION.
address BY ISAAC II. BROMLEY.

=. .,,r riry to address Won for a few moments upon
the snect of legislation and the evils that arise out OF
nm excessive Of the law making power, am ceruh
n s not because the subject itself is not Of the first I'M
o,,ance The apology must be for the fecbleness Of its
treatment and my own inability to discuss it with the
argeness vew the cearness Of apprehension andthe
force Of statement which it deserves The topic comes
very near being purely professional one, and as such
one upon discussion OF which II would not Decomea
layman in this presence 20 venture.
The average legislator TO the State House with
mission well defined II is 20 make laws. No deduc-
ton Of philosophy teaching OF history nor results OF
experience nor all the gathered wisdom OF the ages can
ever convince him that his work in the world is not so
far as his present Office is concerned to make laws Tie
may admit that that State governed best that Is gov
erued least and yet you cannot get it ont OF his head
that patriotic and enlightened constituency has sent
him TO the Legislature to make some more laws ana
make them he will. To lin the Legislature is machine
for grinding out statutes TO be printed and bound 10
blue paper covers first, and afterward gathered mp
complied. and set UP in law libraries and town
clerks ofhees in law calf He would be raise
to his constituents and derelict in duty shouio
he neglect to contribute to the work For the function
of law-making must not rust unburnshed, hut must
shine in use And to-day and tomorrow ana through
all the weary tO-mOTOws that shall intervene until
every ak is ground and the Speaker gets his silver plate
and the doorkeepcrs the extras which generous law
gvcrs vote them the public treasury and the sece-
tary declares the General Assembly adjourned ana the
Sheriff cries, well he may, God save the common
wealth." there shall he constant stream OF bills Tor
public acts pouring INTO the general hopper olcsatoh
Hero shall come by his delegated representative to the
Great aud General Court whoever has grievance OF
hobby or pct project has enterprise in hand
which he wants fostered by the State aided by NUM-
cpa corporation whoever has theory OF taxation OF
education, desire to reorganize the military oree'
whoever has any special case for which ne
wants special enactment in short-to change
All
and maketh law" Whatever his grievance his hobby or
his whn the average citizen has but one short process
In lis oge-something's to be done; make law about
It. Talk about panaceasi To the American legislator
the BE IL enacted" is not only the sovereign remedy i'r
all our s but it is the wand Of the magician, the horn
ofplenty the scourge Of the avenge and the sheet III"
chor Of democracy.
RIUIXG FROM WITHOUT OR FROM WITHIN.
So long as we are using our legislative function at this
rate as though, every law ground out were absolute
gaiu and every opportunity missed to MAKE one were
dead loss holding Legislature as borrowed h0rse
which we ride though it jolt MS to Jely so long
this evil win increase II could have law-repeaing
Assembly alternating with the Legislature whose frne
tions should be confined to repeating laws am con-
WINGED it would be for the general good Failing tna'H
seems TO the rarely Legislatures meet ana
the shorter their sessions the better for the people
Buckle in his History OF Civilization in England, con
futng the theory the civilization Of Europe chiefly
owing TO the ability which has been displayed by the
different Governments and to the sagacity with which
tho evils OF society have been pal!aed by legislative
remedies, prOnJunccs il Of an social theories tat nave
ever been advanced the most untCnahle ana 'nsSlhd
In support OF ms view he calls attention to the cIcIm
stance that every great REFORM which mas been egcieu
consisted not in doing something new Dut IN uhdoluS
something old The most valuable additions inauc 10
legislation he says have been eu&cm ns destructive of
preceding legislation ant me b . a"s Nhicn tNe Dec
uassed have been those by which some former Jaws were
Tie final outcome an tIe efforts OF mankind To accom-
plish social progress or cStIblth m0idty ana virtue Ug
have undertaken 10 lay ever upon society the duties
privileges, and respons' tes 5eonsinS 10 the n.lnl
undoing by and by Ii is plain N the work OF your
last years Legislature or your last Congress it was IS
centuries ago. wien the Founder o Now h.apeus'Ao,
swept away the accumulated rubbish and inter oI
forms and ceremonies, traditions ana laws, Wnch had
grown out OF ages OF effort 10 lcgsate righteous
ness and established IN tEeir pltce We 10" 81 III
oousness is within YOU" That st9;e interference
with lhdtNluual cOlV.-iS, -" - - I'm no
prSes, Win Cohhltice, n-IlidIl'.lcs' @ ,L.'.,, W. a.
soua morals and reig Ous belief have ali grown !ut 81 c
n moment Honest Ignorance and wcll-ntanng fanati-
csIn worked pretty much az the trouble and misery
mainspring is in conscientious conviction; II is ra.cB
entirely brutal even selfish. IHey WHO niei tgc
suffering and death glorious were just as oosrenloa
and sincere in %LaS tney deemed tn.if .dor dt: Ia:
beam. All repressive laws, restrictive and pro-
bhforv enactn,ents sumptuaiy legislation in every
form, have grown cut OF intense desire for the well
being OF the individual and mistaken ldea ttat can
he accomplished in some way b. working through So
ciey Dy extending The sphere "a Stale GoyrruCnt aud
deacening the sense OF individual rpou- bty. These
mschcyOus experiments al! liusraie mat particular
mode of vie ing man and morals which makes rS aud
wrong the subject o. state p04cy ana l7i oi individual
conviction Ii l. the Old conflict which iias been ng
on probably since the birth OF consciousness al man. cor
tay since Christ dsputed with the doctors and the
learned men in the Temple whether mank nd IS to DC
ruedfrOn without or from within.
The fl 81 form Of oppression which external govern
mcns took related to the religious beliefs OF men, and it
was here that tie lecturer naturally found HE first Illus
traton OF Oyereg gislaOn. From State interference Wt
religion he passed rapidly attempts 10 legislae
ral.ty into community. " IN experience OF this sort
he remarked, state has had bOuntiiul expe-
rlence good Old colony times the Fud thumb
of the lawmaker in eyeTyGOGyS mess. He regu-
lated kissing supeIntcdol courtmg and defined family
government; lie fixed the hours for retiring and for
rsue he made himself responsible for the behavior OF
the young and the respectful treatment Of TIC Old; lie
never elept or idle through the week, ard on
Sunday he pOunced with penalty upon Whatever
seemed TO him hreycrcnt or giddy OF to SAVIOR OF
worldly enjoyment 1t good TO get r.d OF the over
LEGISLATION OF that period The release oin IL freed mcp
from hypocrisy deceit and the meauest OF all vices and
left them 10 manly and sefpoiood clean pure, and
selfrespcctuL Akin To Interference in matters Of re-
ligion is all sumptuary legislation, and that is an
evil which survives The attempt made I'm many states
TO prohibit entirely the sale and use OF ntONca ting
liquors the lecturer regarded as The most conspicuous
Illustration Of the evils OF 0vCr-cgsiatlQn . ,
The PiOhibtory law originated tolely IN the idea of
interference it invited system OF espionage, ana Dc
pended upon miorneIs, II proN0hcd open Opposition, ana
al manner Of cNaSIOES and cOncCdlments, u pioLu''d
disregard of law and contempt for lis officers, ana was
l.. ali respects hurtul even 10 those whom cstcnaDy
most hcneht.t II diminished their power ol SELF
cOntro! aud capacity Or scihcp 10y propag iheil
up AGAINST society instead OF competing tcm 10 stand
OF fan themselves By making thcln .oJk 10 the com
mauity for support Instead O. 20 thcselycsi by refusing
them ~ short the opportunity o indclentece ana c
privilege ol hgutns tBeir own battles TINS iaw oat-
ran TIE transient excitement III which 1t
had its origin. It would have been in any
case piece OF ggslation, even bad passed win
out serious opposition the fewer there were TO O
pose il the less needed would have been the restraints
provided and the less eXcusabe government Interference
"a tb individual liberty the period Oi prOhihOry laws