Year: 1866

Folly of Prescription Laws.


From the Nashville Union and American


When the administration Ofa popu-
lar representative government lose
sight of the fact that the people are the
controlling powcr--that the govern
ment was made by them, and is to be
conducted for them, and therefore
should be managed according to the
instructions they may give, they need
not be surprised if their conduct is dis
approved, and that governmental affairs
tumble into confusion and disorder
In popular government if the sap Of
sympathy with the people-which sits
life blood--be cut off, dry rot will be
the consequence; the government will
lose its influence, and to maintain or
attempt to uphold the due authority
which should be its prerogative, it is
compelled to resort to stringent and
coercive legislation. But this only ag-
gravates the disease it is intended to
cure. 1t still further alienates the peo-
pie from the government, and leaves
the singular spectacle OF popular
government without popular support; !;
and when this state Of things exists the
essential idea of republicanism is lost


1t will not be denied that in free
representative governments the en-
forcement Of the law depends upon the
people. If the law meets the sanction
and approval of those upon whom it is
intended to operate it will assert itself;
if, from any cause, it does not, it will
be a dead letter on the statute book.
When the people refuse to acknowledge
the justice and propricty ola law, en-
trancous force must be called in to ad
minister it, and in this case it is obvious
that the will ofthe people is overthrow
and the dictum of the Government sub
sisted in its stead. But to o'this ef.
fectively the number of instruments for
the execution of the law must bear
something like equal proportion to
those who oppose it, or the officials
must be entrusted with arbitrary and
almost absolute power; and in either
view the integrity of free institutions
suffers q severe blow.


The whole proposition may be SUNNI.
ed up in the statement that no statute
is fit for the code of laws of Il free peo-
pie that is not in consonance with the
popular Judgment And when the truth
of this proposition is successfully dis
approved, the doctrine of the capacity
of the people for self-goyernment is ex.
ploded


This is the real issue on trial now
between the people Of Tennessee and
the majority Of the present Legislature
and the State administration. If the
people are not capable, thena govern
mcnt of some sort is necessity, and
they must be governed nolens rolens.
If they are, and see fit to assert their
rights, the State government will be
compelled to recede, or see their laws
remain inert on the statute book.


A people whose traditions ahd natu-
raj tendencies teach them to respect
law, and to love order and good gov
ernment, may and will, and we think
should interpose no obstacle to its en-
forcement; but we do say, and it can
not be denied, that the enactment Of
stringent and proscriptive measures is
calculated to beget disrespect for the
law, and to demoralize public senti-
ment in regard to its binding force and
sancity. The great mass of the peo-
pie have no sympathy with such poll
cy, and their instincts, which are rarely
wrong, teach them that it is rs unwise
as it is unjust.


There is no question which govern
ment should touch 50 delicately as that
of franchise-the right to vote. 1t is
the first, best, greatest and dearest
right of the citizen. Strip him Of it,
and he who wore the panlopy ola ruler
in a qualified sense, sinks into that ola
subject. Hence all laws restricting it
will ever be unpopular. The right of
government to take it away is one which
every rejecting man feels that it is his
duty to deny; and when such statutes
are passed, two consequences will be
the inevitable result: They will be
nuliicd and disregarded to great ex-
tent, and lead to an utter demoraliza-
ton of public sentiment in regard to
mems rights and duties at the ballot
box. We venture to assert that such
franchise laws as are now being forced
on the people of this State have done
more to lower the character and weak
EN- confidence in the stability Of repub-
lican governments than all other
causes combined.


Ifit were possible to carefully ana
I'VE and obtain the facts under such
an experiment we should like to learn
the opinion of such political philosi
pliers rs DE TocQUEvILLE, a Monies
QuIEU, q JonN STUART MILL, or of
HAMILTON and JEFFERSON, but have
little doubt that such legislation would
he condemned and reprobated by them
as perniciOus to the last degree.