Year: 1870

out sapping the very foundations OF repub-
! lican government. A republican govern
ment is not merely government OF the
people, but it is free government. With
out being free, it is republican only in
name, and not republican in truth. and any
government which deprives its citizens OF
! the right to engage in any lawful pursuit,
subject only to reasonable restrictions, or at
least subject only to such restrictions as
! are reasonably within the power of govern
ment to impose is tyrannical and unrepub.
lican. And if to force arbitrary restrictions
| made for the benefit OF favored few, IL
takes away and destroys the citizens prop
erty without trial or condemnation, 1t IS
guilty of violating all the fundamental priv.
leges to which l have referred, and one OF
the fundamental principles OF tree govern
ment.


There is no more sacred right of citizenship
than the right TO pursue unmolested law
full emplOvment in lawful manner. II Is
nothing more ncr less than the sacred right
of labor.


This right is not inconsistent with any of
those wholesome regulations which have
been found to be beneficial and necessary
in every State.


It is not Inconsistent with the exclusive
right TO make, use and vend to others for a
limited period new and useful invention
which the grantee or patentee has produced
from his own brain or ingenuity. Society
only gives to him the temporary use of that
which, without him, it would not have mad
the benefit of, as consideration OF That
benefit, and to encourage others to make
like use of their powers.


It. is not inconsistent with the exclusive
right to use franchise; that is, right to
do what the Legislature alone can authorize
to be done, and which no private citizen
has right to do without such authority,
such as to build and operate railroad, to
make a canal or turnpike, to establish
ferry. and other such public rights which
involve q charge upon the pubic, and III
most cases an exercise OF the right OF emil
nent domain. These franchises may be
conferred upon limited number of per-
sons, natural or corporate. with power, and
even exclusive power, to exercise them IN
certain localities, on certain terms aud
under certain restrictions. Society obtains
consideration for the grant of these fran
chises in the investment of large amounts
of capital in public improvements, which
are required for the development OF the
country ana It's resources. They are iran
chises which can only be exercised as they
are conferred by pubic authority, and can
not be exercised and enjoyed by all. They
are far different from those ordinary pur-
suits and employments OF mankind which
all citizens may properly and lawfully fol-
low as then inclination leads them, and as
the laws OF demand and supply will allow.


Again: This fundamental right of labor is
not inconsistent with that large Class OF
cases, in which the laws require license or
a certificate of requisite qualifications for
admission to particular employment or
profession No doubt there are many such,
as to which the interests of society require
that due preparation should be made and
due qualifications should be possessed, be-
fore a person shall be allowed to enter them.
But then they are open to all alike. None
are excluded from the race of honorable
competition, by which to enter those en-
ployments. or By which to attain their
honors. There is no corporate and eXc!u-
sive guild of privi eyed individuals to which
they are confined, and beyond the sacred
pale of which there is no hope Of admittance
or promotion.
q limited number of municipal licenses to
follow certain pursuits, such as vending OF
intoxicating drinks. selling OF drugs, or even
selling of meats, and keeping market
therefor. Public policy may require that
these pursuits should be regulated and su-
pervised by the local authorities, in order to
promote the public health, the public order,
and the general we'll being. But they are
open t. al proper applicants, and none
are rejected except those who fail to ex-
klbit the requisite qualifications and guar
antees, or who, after proper selections are
made, would increase the number beyond
what the interests aud good order OF society
would bear. In those cases none are eX-
cluded for the purpose of sustaining mo =
moody. But each avocatlon Is, or at least
is supposed to be, examined on its own
' All these systems OF regulation are useful
ard entirely competent to the governing
power, and are not at al Inconsistent with
the great right Of liberty Of pursuit, which
is one OF the fundamental principles OF a
free government as well rs one OF the
fundamental privileges of an American
citizen.


The next question is-Do the law COM
planned Of, and the proceedings under it.,
conflict with the enjoyment OF this funoa-
mental privilege of the compainants! Or
is it only such political and police regula
ton as it is competent for State Legisla-
ture to make?


to make all police regulations which they
may deem necessary (Hot inconsistent with
cons itutional restrictionsl for the preserva-
ton of the public health, good order morals
and intelligence-buI they can not interfere
with liberty of conscience, nor with the entire
equality of all creeds and religions before
the law. Nor can they, under pretense OF Il
police regulation, interfere with she funda-
mental privileges and immunities OF Amer
lean citizens The question has its limits
in both directions; and while We are to be
specially careful not to do anything that
NAV trench upon the vast and almost limit
less field of legis alton, where the will OF
the people is supposed to be most freely and
powerfully expressed; it is, nevertheless
our duty, with firm and uufiinching hand.
to prevent the invasion OF any Clear and
undoubted individual rights Of the citizen
which are secured to him by the constitu-
tion.


The law in question, under which the acts
complained OF were comitted, is one of re-
markable character. 1t was passed March
g. 1869. and is entitled "An act to protect
the health of the city of New Orieans, to
locate stock landings and slaughterhouses,
and to incorporate the Crescent City Live
Stock Landing aud Slaughterhouse Com
pany'" 1t enacts that after the first Of
June, 1869, it shall not be lawful to land,
keep or slaughter any cattle, beeves. calves,
sheep, swine or other animals, or to have,
keep or establish al y stock landing, yards,
pens, slaughterhouses or dbdHOirs. at any
point or place within the city of New Or
leans, or the parishes of Orleans, Jefferson
and St. Bernard, or at any point or place
on the east bank of the Mississippi river
within the corporate limits Of New Orleans,
or at any point On the west bank of the
Mississippi, above the present depot of the
New Ofleans, Opelousas and Great Western
Railroad Company. except that the Crescent
City Live Stock Landing and Slaughter
house Company may establish themselves at
any point or place as hereinafter provided.
A penalty of two hundred and fifty dollars
is imposed for every violation of this sec
ton. Thus far, the act, barring the excep-
ton at the close, is mere police regulation,
aud, no doubt, a very proper one. The ter
ritory named extends some eight or ten
mi % ON each side of the river Misaissinni