The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-03-03
QUADRUPLE SHEET
ARE CHARTERS IRREPEALABLE 2

charter was in direct conflict with thOS
fundamental principles which underlie al
our American constitutions and are enun
ciated In express words In the preamble ant
bill VI rights embodied In that of Louisiana
Ii was further In our view to demonstrate
4 that whether this "sole and exclusive priv
ilege' was granted to Towards company BY
virtue of pretended general p0Wer In thu
Legislature to pass such an act and enter int
such d contract, or by virtue Of its authorit,
to legislate In matters OF police the act was
equally beyond the mandate of the Legisla
ture, was equally obnoxious to fundamental
principles. The argument was based upor
the proposition that although our present
constitution contains no express words pro
4 hibitory OF charters with exclusive privileges
for the benefit OF individuals, yet from
tho absence Of such o prohibition was not to
\ be- implied permission TO grant charter
like that Of tho Louisiana Lottery Company
the object OF which is to benefit individuals
and not the community
We cited In support Of this doctrine some
passages from constitutional exposition by
John Taylor Of Caroline a profound Virginia
statesman of the old school, showing that In
bis opinion "no advantages or particular or
LN T
exclusive privileges, should be granted to
individuals, distinct from those of the COM
munity, than what arises from the considera-
tion OF services rendered the public. The
reason given for this opinion by this judicious
commentator was that:
NJ, inv.at IN tba indiv,duals who ann rosa
legislatures, o power tU fish up wealth from the
people by nets of their own weaving. whatever
int.a nxncntva and inirioi MIN Il aar,e,,s
by whatever systems conatuted and Dc convert snr
dangerous foes Of free. equal and lust pri HI'
slples 81 civil liberty.
pendenae q lie cfeator 60 independenes o ef
law and constitution. and 10 Independence IF
whlch cannot be- repeaied ID far n araatar
power than q maker OF constitutions. Consti-
osp u a na evs NJ by goad b on cnr
liiElle to be annu lei by impeachment and con-
~ leglsiasnro dny charters
ssnt Or future ages, that the long possession of
Ihese e tenants nv, ior years VIII pecnme settlad
reversion. A power to make irrepealable char.
ters ~ above RESPONSIBILITY and ,ndenendent Of
History produces no instance OF national hap-
ptness under legislature corrupted BY the
assscanths Isrieiative n,,rItv might nresarv -
liberty and happiness under constitutions
aotherw1Se detectives putine most perfect con-
Mb a
y OonHtitutinnai powers peing gu subordinate
and moderate government. 90 not admit OF any
constructions subversive OF these ends. III
don tnond erect s h. tempe and bestow on
strnction q, these powers could be correct by
which its pillars could be gradually weakened
power expressly given can be constitution lily
given. II
After reading these remarkable passages.
which wi,l commend themselves to averv
honest man, not only as common sense but
4 IN IL sound constitutional ,aw ua mn = woll
ais s as Souhu NEUTRALITY-SUSPICIOUS.. iaH, mo may wen
,v,sa +hintar and nub,;c,at bava cold bod ha
,.a ~ . sN A1a ea,a nAu ~
Lived 20 our day. What would ne have said
N ~ I -. ~ : ,a
pf controlling men and resisting attempts to
". sno n .,, oNeA ~ 800 = y. pA'
Az W the power Oh the Legislature TO repeal
s,,ch an net az this lottery act. we now sub
INIT passage from the WORK u that pold ana
original reformer. Jeremy Bentbam on aFaI- |
81. II y RI a., .,.Jx. - az,
lAcies. nc 10 SpeaAihs " ZIG iailacy Oh
irrevocable laws.
law mo matter TO what effect) ia nronosed r. |
D Legislative assembly. who are called upon to |
i, y upon me simple GROUND .nas nY tnose
ssnme nower n regulation was n,ade having for |
its object to preclude forever. or to the end Of
w s nnexpirea peTaoa; ~ succeeainG ieeislators
now nrnnnsa5 Now ii anneara onifa ev;iant
that at every period OF time every Legislature |
MasI Pc endowea MIN an those powers
Nh 49, ,uo ~ ~, thn re m @
admissible and absurd. The sovereign power. |
at any one period. can only form a blind guess
aru ~, tn,ra narioG Ret ha tbis nrins;na io ~
immutable laws the government is trans
f is, from those g., VINO are necessarily
Who can inow little or no,hng about + The mat.
ter. The lhirt. enth century decides for the
InosMrteeihtn me Ioufteehsn MAKES laws Tor the
tiespotisn. of Nero 90 or Caligula would be more
tolerable than an i7recocab,e lao. Tue despoI.
tniTonsn iear OF iaa0r OF "a uGlu lntervai.