The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-12-21
RAILROADS. AND rME STATE.

Letter From n WeII.Knowu LnWyer on
m Iutercstlng. Subject Property Has
Rights ns Well as nudes. .s-,: ,Iia
HARpER's FERRY, December 49, 1880.
Editors IuislIgsncSr. Ii Htgf s..gs
Itisto be regretted that the regent cor
respondence Of Judge Black and Mr.. Cur
tbs has not been more fully published by
the press. The matter in issue between
them is most interesting, and yet a'briet
synopsis Of their letters is all that the
public has had an opportunityof seeing,
That Judge Blacks views, 80 far as have
been able to sec them, will meet the con-
currence Of the American people there
can be no doubt, and that that concur
renee Is sure, from every circum-
stance and indication OF the times, to be-
come more general and, more warm as
time goes on, is, think, equally Certsin.
When Sherman Crawford, an Irish
member Of the English Parliament, and
one OF the earliest to see the necessity Of
a reform OF the Irish land laws, an:
nounCed, IN the early part OF the century,
tDRt property uhu huNoS 40 WCil 40
rights" (the doctrine that Judge Black.
rs understand it, Is now contending for)
he was looked upon as revolntionist7-a
fire brand, and d howl, not Of surprise,
hut OF contempt and Indignation, went
up from the ranks OF the ruling
classes. And 1t Is no wonder that
they did howl, standing as they
did, on the ieudal tinted, and tainted ira.
ditions OF the people-the arlstocrstic and
then accepted character OF the British
constitution, and on the monopolist-''
manufactured laws Of theland. But what
are "traditions?" With US, am happy
to think, nothing. An examination Of
any historical,epoch you choose, wi salts
fy you, that it was. rs much as onr fore
fathers could do to meet the difficulties
that surrounded themselves, without legis-
latiug for their defendants; and itisfor us,
unhampered by restrictions coming
from the remote past, to endeayor to do
the same thing. Aud what are Conslitu.
tions and laws? They ara, Instruments
and acts that necessarily take their color,
and are interpreted to mirror the ciIcum-
stances and exigelcies Of the times in
which we live. One hundTed years ago,
and less, laws were enacted ilor the sole
purpose oil accommodating, and nursing aud
projecting pToperty-the properly of the
rich. At that time Of English monRrchical
absolulions q franchise was property, g
charter was monopoly, was meant 10 be
such, and II was, death 10 deny" The
only difficulty with Mr.. Curtis letter, SO
far as can judge from a,synopsls Of 1t, is
really the date. PISCe tia century back,
and It represents exactly the law as it then
was. ut aihG. 4y. 5ss1
Mr.. Curtis quotes in his behalf the de.
CisiOns Of American works. There is no
difficulty whatever In his being able TO do
so. The common law OF England, which
was imported TO this country when a col.
ouy, and adopted until amepded) BY the
Federal Constitution, was for many a day,
on the question under consideration, the
Vddemecum OF our courts and lawyers. To
Chancellor Kent, one Of the most estima.
BILE OF men, and one OF the beat lawyers
the country can boast oil, 1t was food aud
raiment; ne inhaled 1t at every breath;
and when night came dreamed, lhave no
doubt, OF the sacredness OF royal grants,
franchises and monopolies. In his esti.
nation, as in that Of Judge Story, and Of
many another great and. good man, a char.
ter was inviolable; government could not
resume II, or interfere with 1t; every
intent and Implication was con.
strued in It's iRvori contiguous competi.
ton with 1t, however great the necessi.
ties OF the public, was not tolerated; every
interference with, 1t was q nuisance, and
treated as such; and these principles were
declared by these great men, and sup.
pose by Mr.. Curtis, to be idictRted by
sound Judgment. and enlightened mofAli.
". Enlightened morality" II so, then
all can say is, may.the Lord preserve US
from enlightened moraHtyl
Fortunately the world moves. And as
time passed, and populations increased,
and public requirements made themselves
known-as soon as We remembered where
we were, aud what we Rre-that we arein
Republican America, and not in common
law England, the tacredness and as.
sumed superiority OF charters and fran.
cbises to even legislative authority began
At first to be donbted, and then denied.
might refer to the decisions Of many State
courts on the subject, but It Is enough to