Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-04-26

N an he citiscas who take advantage OF
them. each according to his necessities or
according to the laws which regulate thei,
ne, and these are called common properly.
He says that the sovereign may make
laws to regulate the manner IN wnicn
common pr0peTi,, is to be used" Thus the
sovereign NAV establish wise laws with re-
spect to hunting and fishing. Qorbid them
in the seasons OF propagationJ. proniDit
the use Of certain nets, and OF every de-
atructiye methOd,n &c. lie cannot, tildeed,
me dtpqy 1cir riqni from those who have
a share In that property, but the care he
ought TO take of the public repose ana OF
the common advantage OF the cltlzens
giyes him right TO establish laws to TINS
end. and consequently to regulate the
manner in which things possessed IN CON-
mon are to be used"
PEOPLES sIoHTs.
II will be thus perceived that whist the
sovereign may and ought to regulate the
manner in which all the citizens may use
their common property. ne cannot axe
dtody from them tbeir right 10 use
Il; and I feel justified in saying
that the position | have taken 10
behalf Of our oystermen engaged in the
business OF taking this common property
is fully sustained by authority every
where respected by jurists and statesIn neil
lBH TeDnNLtu uCbS VI Jul ASr
the beds" of our public waters are r9c0g-
nized as entitled to be used by al the
people of the State for the purpose OF
6shing and of taking oysters and otner
shell. fish. The right is not created py
those acts; il existed independent OF,
paramount. and long prior to them, oeing
derived from the common law anu tnose
acts are but in conformity and suDorulnhI
ton to and corroboratiye OF the Tree anu anu
fgftg hat
people Of our State.
LEGISLATIVE POWER
There are persons who seem 70 imagine
that the Lens azure has. IN some ilys-
teri0us way, authority and power TO do
inst about whatever it pleases, as If en-
doved with sort of omnipotence com
mensurate with the limits OF the, state
Rut such an assumption is entirely erro-
neous it is not only that, but Is repulSlVe
to every sentiment of freedom and sounu
craftsmanship; it is utterly inconsistent
with the great and fundamental princlpie
of a republican government, ana Win tne
y1gh of the citizens to the tree e1y9Jentt ~
their property" The language Just quoted
ia that of the Supreme Court OF the Unlteo
States. in a case in which the extent or
leus,qiiue po,rcr was considered, and the
court repudiated. with no small degree OF
warmth. tho assumption of tho unre-
strained authority of a legislature over
the rights of the people OF the
State. 1t rejected tho idea OF such
{" ironsoeudenidl sovereignty" existing IN
q Ie%lslature, or that the people of a
State can be subjected to its uncon-
trolled and arbitrary exercise" 1t de-
clared that THAT government can scarcely
be deemed to be free where the rights OF
property are left solely dependent upon
the will of legislative body without any
restraint THE people ought not to be
presumed TO part with rights so vital to
their security and well-being without very
strong and direct expressions OF such an
intention" 1t further said: We know
of no case in which q legislative act to
transfer the property of A to b without
his consent has ever been held constitu-
tional exercise Of legislative power IN any
State of the Union. On tho contrary, 1t
has constantly been resisted as inconsist-
ent with Just principles by every judicial
tribunal in which il has been attempted
to be enfored. - Peters, 657.
PLAIN DEDUCTION.
It will thus be seen that the assumption
of absolute power by q legislative body
finds no countenance in the opinion of the
| Court. And il IS a plain deduction from
| that opinion that the Legislature has no
authority to convert private property
into common property. 1t cannot take the
| private property of certain individuals
| and make it the common property OF all
| the citizens: nor can it take the common
property of all the citizens and make it
| the private property of certain individuals.
The Legislature has no authority or right
| full power TO parcel out the public. oyster
grounds among favored few, to be occu-
| pied by them TO the exclusion OF all the
other citizens of the State.
TRANsoENDESTAL SOVEREIGNTY.
The assumption of such "transcendental
| sovereignty" is contrary to common law:
| the civil law, and the law of oil civilized
nations. And in view of the doctrines
herein maintained l think it may be said
| that when the Legislature OF state ceases
TO guard the common property OF its citizens
and adopts measures to deprIre them OF 1t
such legislature becomes tyranny, d
trampler on the rights Of The people, who can
feel no assurance Of safety or protection at
| its hands. JOHN w. Il. PARKER
Ondncock, Va, April, 1891.