The Southern Literary Messenger, Vol. I., No. 8, April, 1835Various
General
The Southern Literary Messenger, Vol. I., No. 8, April, 1835
Various
American literature -- 19th century -- Periodicals
Every subordinate institution too, is now judged according as it tends
to promote the welfare of the community; and the notion of rights of
particular classes and orders of men, farther than they can be shown
to rest on this foundation, is deemed presumptuous and absurd. Even
the rights of property itself, the most sacred of any, because they
are the most obvious and are possessed by a greater number, are
derived from the same source, and are regulated and controlled by it.
Every tax in a popular government--every restriction on the free use
of one's own,--whether it be in the form of a prohibition against
gaming, or of laying out a new road, or of an inspection law,
recognizes this principle. It governs legislatures in conferring
rights as well as abridging them. They all find their authority and
justification in the public good; nor does any one now attempt to
resist a tax or defend a privilege, but by appealing to this great
test of right, the interests of the community.
You see too in jurisprudence, that all those principles which grow out
of barbarous usages, or were the result of accident, or of mistaken
theory, are gradually made to give way to the light of reason and the
spirit of philosophy. They conform more and more to the common sense
and common feelings of mankind. Crimes which once incurred the
severest penalties of the law, are crimes no longer; modes of trial
originating in superstition have been abolished; many of the frivolous
niceties of pleading, or rules founded on a state of things which no
longer exist--such as that which excluded written testimony from the
common law courts, and which, like noisome weeds, choked up the
administration of justice, have been eradicated, in spite of the cry
which always will be raised against innovation, and which some of our
best principles, as well as our weakest prejudices, concur in raising.
Public-domain text, read in full here on John Shaqi.
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