The record-union., 1892-03-05

For Sale at SJOSEPH HAHN - GUS AZ
forced subdivision after the model Of the
code of Napoleon to the heirs of dece-
dents. But all these suggestions Of linz
itation and regulation are temporizing at
best. I am in favor of a law absolutely
prohibiting any man to devise in his will
more than 600 acres of land, and declar-
ing that all in excess of that acreage shall
be sold for the benefit of his estate, and
in such a way as not to indict loss; say
one fifth in each year for five years, and
that the sales shall be directed by the
court.
l would not have such an Act take
effect Immediately, but rather gradual in
its operation; for instance, let it take
effect within five or ten years from the
date of its passage. The slave trade was
extirpated in this country by an ordi-
nance enacted in 1877, which declared that
the slave trade might be tolerated until
1908, when it should be regarded as
piracy, punishable with death. This
measure did not meet with the opposi-
ton Of those engaged in it, chiefly be-
cause the date fixed gave them sufficient
time to adjust their property to the new
condition of things. Fearing the actual
enforcement of the provision, no new
capital was embarked in the enterprise,
and the capital already engaged in the
trade prepared to withdraw. In short,
every traffic is kept up by the profit it
affords to those engaged in it. The ordi-
nance of 1857 gave those engaged in the
traffic practical monopoly during the
period of liberation. 1t prevented others
from entering upon the enterprise, and so
for the season of great profit, the slave
traders consented to the ultimate extinc-
ton of the traffic in which they were en-
gagged
THE RIGHT OF SOCIETY TO AVERT a
DANGER.
But beyond all this, whenever a great
danger threatens society it has right to
avert it. That cannot be lawful in any
true sense which destroys society, because
laws are enacted for the good of the social
compact. In a state of civilization the
absolute freedom of men must be sur
rendered to the good of the body polite.
This is the fundamental conception of all
law. l find this so clearly stated in de-
cision rendered by the late ex-Chief
Justice of this State, Silas w. Sanderson,
that 1 chose to quote in preference to
anything which 1 could myself present.
Judge Sanderson said:
Governments are formed for the pur-
pose of securing and protecting men in
the enjoyment of their natural rights,
and they wonld fail to accomplish that
object II the power to regulate or pre-
scribe the mode in which such rights are
to be exercised be not lodged in the law
making department. In short, there could
be no government without such power
for Without 1t all men would be in state
OF nature; that is to say, without any re-
stralnt upon their conduct, except their
own Wills and the forcible opposition of
their fellows. Hence, when men who
come together for the purpose OF adopting
a form Of government and establishing a
system OF laws stipulate that the rights
OF life, liberty, property, and the
pursuit OF safety and happiness are in
allenable, or shall remain iuYiOlate for
ever, they are not to be understood as
meaning that those rights shall not be at
all intertered with by the law making
power. On the contrary, their language
is to be interpreted in view of the object
which has called it forth, !or as meaning
that those rights are not to be interfered
with, except so far as the ends and OBJ
jectS of government may require This
section is not to be read by itself, but as a
part only of the Constitution; and thus
read, the obvious import Of the whole is,
that in order that these rights may be
made secure, and that we may be pro-
tected in their enjoyment, we agree that
the government about to be established
may pass all needful or reasonable rules
and regulations Tor their security and en-
joyment, without any power, however, to
destroy or unnecessarily restrict or inn
their rF.Ie
this provision of the Constitution
IS not to be understood as put
ting life or liberty entirely beyond
the reach of the Government, if
from misconduct, the general welfare Of
the community demands it's sacrifice or
restraint; or as allowing every one
to acquire, possess and enjoy
property after his own unregu-
lated manner, and according to his
uncontrolled will, but in such manner
and by such means as the general welfare
OF the community may require him to
observe; or as allowing every one to seek
safety and happiness in his own way ac-
cording to his own notion, but by such
ways and methods as the general good
may demand. In short, while the eXer-
else of these rights cannot be denied to
any one, it may be regulated. The Con-
stitution recognizes them as inalienable
and provides that they shall remain in
they must be exercised according to The
maxim, Sic Wtere tUo ut dJieaun1 non
tC8ddS, which lies at the foundation of the
social compact. While every man is free
and independent, and may enjoy and de-
fend life and liberty, still he must do so
in way which does not interfere with
the same right in other persons; while he
he may acquire, possess and protect
property, he must do so in a way and by
means which will not prevent others from
doing the like; while he may pursue
and obtain safety and happiness, he
cannot be allowed to do so In a manner
which may endanger or unreasonable
impair the safety and happiness of 9th
ers; or, generally, while everyone is to
he secure in the exercise and enjoyment
of all these rights, he may be restrained
or prohibited from exercising them in
any manner which will interfere with
reasonable exercise of the same rights by
other persons. Hence it is that the Leg
islature is not only allowed, but re-
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