Imágenes de páginas
PDF
EPUB

they act with less deliberation, and with less fear of consequences, than European nations. They take risks, man and woman of them, which to the cautious - going European may seem nothing short of madness. The freedom in intercourse between the sexes, between all classes, with little restraint, is more or less pernicious, according to circumstances, and detrimental to the highest standards of refinement and excellence. It is the same with morals as with water. It is easy to pollute, but difficult to purify. Every one in the United States is liable at any moment to unexpectedly find himself or herself conspicuous in print, and have his or her tenderest and holiest feelings laid bare in the newspaper, or in a civil or criminal court. Then they are criticised and vilified, ridiculed, and morally and socially cut to pieces, by the public and the press; and this they must bear and not wince. It is a rude awakening to the fact that Republican licence is a crown of thorns to some. Many honest men and virtuous women have been run into lunatic asylums and premature graves, or become outcasts, through this persecution; and mercantile agencies, &c., may add their weight in crushing the maligned business man. Society is divided into cliques; and, as a rule, every individual has more or less contempt for the opinion and character of those who do not agree with himself. If he finds intercourse with one clique irksome, or not paying, he takes to another. Life is too short to quarrel; and the astute citizen, if he has been got the better of by a piece of rascality, instead of at least ignoring the party, is more likely to bide his time to get even with him, reasoning that it is bad policy to entirely drop an acquaintance who may some time or other be made of service-who knows?

The reader's attention should be

attracted by the manner in which the whole population is, through Congress, kept thoroughly posted as to the several Executive Departments, and the whole United States and state, county, town, village, and city machinery. To enlighten him in this respect, considerable space has been devoted to show the number and kind of reports laid before Congress, &c., the number of copies printed by the public printer, the number of copies distributed gratis, and the manner in which any person can get any number of extra copies printed, also the facility with which any person can get the fullest information, free of charge, by applying at the proper bureau or office, or Department. The writer has, on several occasions, tested the merits of the Federal, state, county, and other public offices, and has always had prompt responses and courteous treatment. There is no unnecessary redtapism or flummery, and every respectful application, whatever the form, receives attention. Letters addressed, by a total stranger, to the Secretary of State or other officer, beginning with " My dear sir," and ending with "Yours respectfully," or very respectfully," or even "respectfully," &c., would not be thrown aside with contempt. There is no rule as to the size or quality of paper, or as to the letter being type-printed or in writing, &c. The writer has written to the public printer, inquiring the prices of publications, &c., and, by return mail, received the fullest information. He has sent a postal-note for the price by a letter, mailed Saturday afternoon, in New York, and on Tuesday morning, by 9 A. M., the volumes of the United States statutes were delivered, by mail, free of charge. All public officers are accessible to the people, and are courteous and affable. They may not be the fittest men to perform

66

the duties of the office, but they know how to be pleasant and friendly, and readily give all assistance in their power, even putting themselves and others to much trouble in excess of their mere official duties, and that free of charge.

In a message forwarded to both Houses of the state legislature, the Governor of the State of New York gave an instructive exposition of abuses more or less prevalent in all state legislatures, and of his ideas concerning the legitimate purposes of legislation by a state legislature. This message is worthy of a careful perusal, and is given in extenso as follows, viz. :—

"STATE OF NEW YORK, EXECUTIVE CHAMBER, ALBANY, March 30, 1887.

"To the Legislature.

"I deem it my duty to call your attention to the increase of special and local legislation during recent years, and to suggest the propriety of considering some plan for relief. It is evident that the greater portion of the session of each legislature is occupied with the consideration of special and local measures having no relation to the state at large, and that such consideration involves the exclusion of general measures affecting the people of the whole state. This evil was recognised, and was in part remedied, by the adoption of the constitutional amendments of 1874, which prohibited certain private and local legislation which it had theretofore been customary to enact, and expressly empowered the legislature to frame general laws for such cases, and for all other cases which, in their judgment, may be provided for by general laws.

"The salutary effect of these amendments was soon evinced by the passage of more general and fewer special laws, besides reducing the whole volume of legislation, the number of laws

enacted in 1876 being only 448 and in 1878 only 418, while in 1869 the number had risen to 920, and in 1871 to 946. But it is quite apparent that the constitutional power vested by these amendments in the legislature for the prevention of special and local legislation has not been exercised as entirely and perfectly as is desirable.

"The number of laws enacted during the past five years has been steadily increasing, notwithstanding a liberal use of the veto power by the Executive. This fact is shown by the following statement taken from the session laws, showing the number of laws enacted: In 1882, 410; 1883, 523; 1884, 551; 1885, 557; 1886, 681. It may be safely asserted that much of this legislation is not absolutely required, or could be avoided by the passage of general laws. There is always danger of too much rather than too little legislation.

"The difficulty appears to be—and I state it with all due respect to the legislature that the members are apparently too desirous of obliging their immediate constituents by the procurement of special and local legislation in their behalf rather than by accomplishing the objects of such legislation by the passage of general laws applicable to the whole state and for the benefit of all the people. And the Executive, anxious to gratify the members as far as he can reasonably do so in the discharge of his official duty, too easily yields his convictions of duty and propriety, and too frequently approves not only unnecessary legislation, but legislation of questionable utility and doubtful benefit.

"The true remedy lies in the legislature's fully availing itself of the power which it clearly possesses to suppress such legislation by rendering it unnecessary and undesirable in perfecting a series of general laws

embracing all the subjects usually covered by such enactments. The present session is more than half over, and 20 more laws have been enacted up to this time than at the same period last year, and there are now . on the files of the two Houses, reported from the various committees, 1273 proposed laws-an almost unprecedented number. Of the 97 laws already enacted, there are only about 25 that can be considered general in their character, and of these 5 are amendments to the code.

"The important measures of general interest which were early introduced do not seem to have made much progress yet, but it may be assumed that they have been crowded out and retarded by the great pressure of special and local legislation. It is clear that further general laws should be passed for the organisation of corporations, as well as laws conferring greater powers upon the local authorities of municipalities and boards of supervisors, providing for uniform tax laws in the various counties and a uniform law of exemption, enlarging the powers of the courts for changing the names of corporations, and many other laws of like character.

"I believe in the principle of home rule, and favour its practical application to all cities, villages, and towns of the state. They should be permitted to govern themselves in all matters of purely local concern without the intervention of the legislature. I cannot see the propriety in those municipalities applying to the legislature for authority every time they desire to make a special improvement, or to raise an extra amount of tax, or to create additional indebtedness, or to issue further bonds whenever it is deemed expedient to open a new street, or to alter a city map, or to erect new school buildings, or to construct a sewer, or to pave a street, or to build a bridge. They should have

the power to do so under well-grounded restrictions. No application should be made to the legislature where it can properly be avoided. The valuable time of the legislators of our great state should not be occupied in such comparatively unimportant matters, or matters of purely local importance.

"The local authorities can as well be trusted for a proper disposition of such questions as the legislature, because every one familiar with the methods or course of legislation knows that the enactment of local bills is practically left to the discretion of the local representative, and his desires are generally controlling. While in form a bill is deemed to express the wisdom and will of the whole legislature, in truth and in fact its provisions only express the wishes of the immediate representative of the locality interested. All such matters can more safely be remitted to the local authorities, and the time of the legislature can better be occupied in the consideration of important general measures now too much neglected.

"David Dudley Field, in his recent admirable address before the State Bar Association, stated that each statute enacted last year cost the state the sum of $734, and it appears from an inspection of session laws that of the 681 laws of last year there were only 249 that can properly be considered of a general character. A wise economy will be promoted, as well as the best interests of the state be subserved, by an earnest effort to diminish the number of superfluous laws. Instead of constantly amending the charters of our cities, or passing special enactments conferring temporary powers whenever any extra authority is desired, there should be a general statute passed providing for such cases, with ample safeguards surrounding the authorisation.

"The special legislation concerning

the city of Rochester furnishes a fair illustration of this point. Almost every year since the revision of its charter in 1880 special Acts have been passed authorising the common council to levy amounts to build schoolhouses in addition to that allowed by its charter for school-building purposes. Another Act has been passed by the present legislature authorising a further levy of $55,000 for additional school-buildings; and, while deploring such a system of legislation, I have permitted the same to become a law without my signature. There is also a certain village in the state which applies to the legislature for a special law every time it desires to build a new sewer or to make any other improvement, and the member who represents that district very frankly asserts to me that the people of the village prefer to be governed from Albany rather than at home. The system must be regarded as a pernicious one, however, and should not be continued. Twenty-two special Acts relating to Albany City and its affairs were passed by the last legislature. Other cities have almost an equally unenviable record.

"While uniform city charters may not be feasible, certain general addi

[ocr errors]

tional powers of local legislation may appropriately be conferred, which will very greatly dispense with any pretended necessity for frequent legislative interference. So long as special legislation is easily procured and readily approved, so long will there be delay in any reform in this matter. The system, or abuse, of special legislation is the growth of years, and has been occasioned by the absence of general laws covering the subjects upon which legislation is desired. The evil cannot be immediately remedied, and certainly not by the passage of hastily conceived or ill-digested measures, but only by a series of carefully prepared and well-considered general laws which cannot readily or conveniently be framed by the members themselves during a busy legislative session.

"I therefore desire to suggest for your consideration the propriety of the passage of an Act authorising the appointment of a commission of three persons familiar with the law and legislative proceedings to prepare and submit to the next legislature a series of general laws upon such subjects as may be specified in the Act, or as the commissioners may deem proper and expedient. DAVID B. HILL."

PART I.

THE DECLARATION OF INDEPENDENCE.

IN CONGRESS, JULY 4, 1776.

THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED STATES OF AMERICA.

WHEN, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume, among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be selfevident that all men are created equal; that they are endowed, by their Creator, with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter

or to abolish it, and to institute a new government, laying its foundation on such principles, and organising its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and, accordingly, all experience hath shown that mankind are more disposed to suffer while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of these colonies; and such is now the necessity which constrains them

« AnteriorContinuar »