The People's vindicator. [volume] (Natchitoches, La.) 1874-1883, 1878-07-27
Vested Rights.

vested KlgDtSs
A writer in the Delta over the nom
de plume "Legialator" defends, or at
tempts to defend, the amendments
and favors their adoption, az we'll "a
the defeat of an early call Of Con-
stitutional Convention, for sundry
reasons which have been answered
folly by the constitutional convention
press.
One point, however, we deem
worthy Of passing notice. This cor
respondent is evidently a lawyer, at
least we judge so from the peculiar
ignorance he displays in confound
ing a political right with legal priv.
qileges. The same stale, absurd ar.
gument is advanced by this writer
which has been employed by them
aIl-the inhibition IN the constitution
OF the United States preventing a
State from divestipg rights or impair
ing the obligation of contracts. All
this is very we'll as far as it goes, but
there is a constitutional principle still,
which Legislator" failed to mention,
and which completely riddles this
"vested right" theory; and that prin-
ciple is, that no citizen can BY LAW
ENJOY any RIGHT, PRIVILEGE OR 1MMU-
NIFTY not accorded to other citizens! No
legislature has the right or the con-
stitutional power to grant such OK
elusive privileges. No form of con-
tract can be made constitutionally
binding which excludes other citizens
from enjoying the political rights &C.
corded therein. The right to own a
certain property is one tha6 cannot be
impaired, but the attempt to enforce
such doctrine as, that no one could
own property in Louisiana save
certain named person or persons
would subject the doctrinaire to ridi.
cule, and yet this is the very doctrine
that Legislator" advances, only in
another form. To say that Charley
Howard should have the right to
conduct lottery, or that certain
companies should be allowed to sup
ply water, gas or beefto a city, is legal
and proper, but when you step be-
yond the bound of granting them that
privilege and deny the right Of other
citizens who desire to do the same
thing should they comply with the
same requirements, then you invade
their political rights, with which they
are solely "vested" and Of which you
have no right to deprive them. "Ex.
elusive privileges" are incompatible
with the genius and spirit Of our in
stitutions. Certain qualifications may
be stipulated as a requirement to the
enjoyment Of a stated privilege, but
to exclude from it's enjoyment any
citizen whatsoever is imperial and
unrepublican. A Democracy can ex-
list, and does exist, whore certain acts.
duties " possessions are required Of
the citizen before he can enjoy Ger.
tain privileges or perform certain,
functions, but the attempt to jnhibit
the citizen from performing those acts
or duties or from acquiring those pos
sessions would smash the whole fabric
OF democracy and render the govern
ment 40 oligarchy. Yet the sane
principle underlies all these claimed
"vested rights" and solemn icon.
tracts" "Legislator" needs hat to r..
alize the fact, that a citizen cannot.
under onr form Of government, he e.
claded from the enjoyment Of any
right immunity or privilege which
auother citizen may enjoy and when
he realizes that fact his beautifp
house of cards; bis obligation Of
"contrscts )" his vested rights" theo
~, comes tumbling down upon biz
head. ~. :, '..