Year: 1871

Liability Of Government On


GERS, State and Federal, "a


Private Citizens for Illegal


Acts Of Commission and


Omission.


In speaking lately in this paper Of
the illegal and unconstitutional acts Of
the officials of this State, we have had
occasion, incidentally, on several Oc-
casions, to refer to the principles of law
guarding the personal and pecuniary
rights of the citizen, and the cores
ponding liability of all official persons
to answer, both civilly and criminally
for all illegal acts by which the public,
or particular individuals suffer injury
or loss. Believing as we do, that this
subject is but little understood by our
people, and wholly overlooked by off,
cials not only in Texas, but throughout
all the South, and perhaps the whole
United States, VIC are happy to be
able to lay before our readers a very
full and clear exposition of the sub
ject, as adjudicated by American courts
particularly the United States court
of claims, and all the high courts of
England, both of law and equity.


This learned and timely exposition
OF this most important department
of the law Of all civil society
and of all governments, whether Re.
publican or monarchical, was prepared
for and published in, perhaps, by far
the most able and authoritative Radi.
cal journal in the United States-the
"NATroN" of July 81, 1871, Up. 52-53, }
published in New York. We hope our
readers will do themselves the justice
to read and remember the great prin-
ciple involved-for without this funda-
mental maxim of law, the citizen
would be at the mercy of the official,
and all claims to legal rights would be
but mockery: because the enjoyment
by the citizen of any right would de.
pend upon the favor or caprice of the
official, which would be tantamount 70
no rights of any kind. We also sug-
gest to all the officials in this
State, from the Governor down to his
humblest appointee, to study this sub.
ject, as well for their own safety as
for the sake of right and justice Let
them all take notice that officers of
government, of all grades, are only
public servants and not masters. They
are as much under the law of society
as the humblest citizen in the land
and may be punished criminally for
all breaches of the criminal law, and
mulcted in damages for all unlawful in
juries to individuals, of person or pro-
perty. That tie courts Of Texas will
refuse to enforce this important branch
of the law, we will not believe until
convinced by actual experience.
Whenever and wherever the courts of
county refuse to enforce the law
against a man on the ground that he is
an Office holder, and therefore above
the law-no other remedy remains TO
the subject or citizen but open rebel
lion, no matter how desolating and
blosdy; and in such a contingency
"forbearance ceases to be virtue, %
because, in the estimation of an intelli-
gent freeman the loss of civil liberty is
a far greater calamity than the loss Of
property or even life itself. "GiVe me
liberty, or give me death" said the
great Patrick Henry, when advising
his countrymen to open rebellion
against the tyranny of King George the
III-and this noble sentiment, az
natural as it is noble, will ever, al
then, meet with a hearty response il
the breast Of every intelligent MAI
who has ever enjoyed civil and politi-
cal liberty. Our people must more
earnestly and more thoroughly study
the real nature and great extent o
their undertaking, to secure to them
selves and their posterity the blessing
of civil liberty, by means of con
stitutional government, made anC
executed by and for themselves. 1t i
avowedly the greatest possible under
taking, and must needs require thu
most perfect vigilance and earnest ef
fort. All history proves this TO b.
strictly true.


The able paper we refer to appear
upon another page, to which we cal
attention-"The Anglo-Saxon Judge