The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-01-18
THE MAYOR AND COUNCIL AGAIN.

THE MAYOR AND COUNCIL AGAIN.
When closing Sunday we think that
our reasoning had shown that the power
delegated by the constitution to the
Legislature is subject to other limita-
| tions than those specified In that instrli-
ment. We endeavored to uphold that
proposition by an argument based upon
the very nature Of society and OF written
constitutions themselves. But we are
not without judicial authority. OF the
very highest character, In It's support
The Legislature Of Virginia, in 1903,
undertook to strip the Episcopal Church
of its property, and convert IL into q
fund for the poor. In Terrett VS.. Tay-
lor, . Cranch, AZ. the legality of this
action was questioned IN the Supreme
Court Of the United States, and Judge
Story, In pronouncing against 1t, said
that "such doctrine Is utterly inconsis-
tent with great and Fundamental princi
pie OF a republican government, the
right Or the citizen to the free enjoy
ment Of their property legally acquired.
We think ourselves standing
upon the principles OF natural justice,
upon the fundamental laws Of every
free government, upon the spirit and
letter of the constitution OF the United
States, and upon decisions OF most re-
spectacle judicial tribunals In resisting
such doctrine" In Wilkinson VS..
Leland, Soc, 657, the same judge said :
"That government can scarcely be deem
ed TO be free where the rights Of prop
erty are left solely dependent upon the
will Of a legislative body. without any
restraint The fundamental maxims Of
free government seem to require that
the rights OF personal liberty and pri-
vate property should be held sacred. At
least no court Of justice in this country
would be warranted In assuming that
tho power to violate and disregard them,
a power 80 repugnant to the common
principles Of justice and civil liberty,
hrked under any general grant Of
legislative authority, or ought 10 be
implied from any general eEpres-
sions of me ,cin Of the people.
The people ought not to be presumed
to part with rights so vital to their So
curity and well being, without uery
strong and direct expressions Of such an
intention. We know OF no case
In which O Legislative act to transfer the
property OF A to b without his consent,
has ever been held a constitutional ex-
ercise Of legislative power In any State
In the Union. On the contrary, 1t has
been constantly resisted as inconsistent
with just principles, by every judicial
tribunal In which 1t has been attempted
to be enforced" We might cite similar
expressions from other judges, but, rs
we are not writing legal brief upon the
subject. VIC deem these sufficient. They
establish the proposition for which we
are contending, rs far as It affects the
rights Of property. But are those great
political rights which secure the liber-
ties OF the people less important and
sacred than those which guard their
property? Are they liable to be con-
strued away by the verbal subtleties OF
mere technical lawyers? Not until the
sons Of Louisiana have utterly degener-
ated from the virtues OF their ancestors
will they suffer them TO be called i'm
question.
The rights OF local government,
of the elective franchise, to be free from
arrest without warrant, to trial by jury,
to keep and bear arms, are rights which
took their origin In tho darkness OF
Anglo-Saxon history, which in their
present developed condition are the orna-
ments and bulwarks OF our liberties,
more precious than property, and which
we can never surrender without degra-
dation and ruin. It was the attempted
violation Of one Of these by Mr.. Kellogg
that brought on the just and noble con-
flict of the 14th of September.
Another one OF these rights is that
which Is embodied In the maxim that
by taxation by any other power than by
the representatives OF the people is
tyranny, resistance to which Is obedi-
ence to God. Originating in the tradi-
tional period Of English history, it re-
ceived its first written recognition in
Magma Charta, and was fully developed
by the blood split in the English and
American revolutions. For this did our
fathers, one hundred years ago, enter