The Papers of Mirabeau Buonaparte Lamar, Volume V

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TEXAS STATE LIBRARY

public utility, otherwise impracticable, and when the benefits derived are obviously greater than the burthens imposed, or more valuable than the rights surrendered. Even then they should be ternporary, always and jealously guarded. Their general tendency is to benefit the few, at the expen~e of the many-to engender a privileged class- a powerful aristocracy of the most odious kind-an aristocracy of wealth to give undue security & influence to wealth-render it inde- pendent of labor, and separate its interests and sympathies from those of honest industry-to make the rich, richer, the poor poorer, the strong, stronger and the weak weaker, while one of the primary objects of government is to guard & protect the weak against the strong as well as the just against the unjust. The strong need no aid of gov- ernment or law to secure their rights against the weak, while no law will ever be found tyrannical or oppressive, or injurious to any real public interest, that seeks to aid, p[r]otect or improve the condition of the weaker and more influential portions of society. Far be it from me to excite the prejudices of the poor against the rich. No, gentle- men in an enlightened and liberal view, there is no natural conflict of interest between them; though one may need, and therefore deserve your guardian aid and care more than the other; and noble and ele- vated is the position of that legislature who, after scorning to seek his seat by appealing to the passions or prejudices of the people, is proud to prove his .real and disinterested regard for them, when in it by acts, not words. The first and most powerful of all laws in a free country is public opinion; the only true basis of all law-the main source of good or evil to the State :-and that this therefore be sound & healthful, pure and just, and virtuous should be the leading public object of every good citizen & true patriot. Each legislative act, to be efficient and salutary, must be an embodyment of its will; all that are not so, must be of weak & negative character; and while all that conflictt with it must be inoperative and void. When such conflict exists, it will generally be obeyed in preference to the law, and it were better therefore, that an assumed error which it sustains should be tolerated for the present, till public opinion itself can be corrected, than that the law and the government should be exposed to derision and contempt by a forcible attempt to prohibit it. When vigerous and active, as it always should be, it will often be more vigilant salutary & effective than a written statute, often feel itself absolved from duty when a statute supersede it. The legislator should beware then, that he take not the law out of its hands till prepared to exercise it more efficiently and usefully; and it should never be forgotten that nothing tends more to embarrass and pervert or weaken & tlestroy it than an ever varying, uncertain capricious and excessive legislation- The character of a country is developed for the present and formed for the future, by its go\·ernrnent & laws, and it were needless to sug- gest to you, that the world is now eagerly watching the development of ours in its legislative acts, and \\'ill be guided in its judgment of the future by the seeming wisdom patriotism & public virtue.- [Enclorsed :] Fragments of Lamar's addresses on rnrious subjects- Against monopolies- on Liberty etc.

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