fnwpjl9p7iw-
XaCCBMBEIR 1, 1911
talltiea mlrht h atoIia . ..
tto ntrl power to toLrterTiSK ,T,.P "P0." " lwmw
The Commoner.
tote administrations.
Mexico wag undoubtedly republi
can in form under Diaz, but the
toting were perverted to a dictator
Mp; yet a more show of revolution
jegtored the people to their use of
the duly provided forms. Such self
corrective power of state autonomy
was doubtless relied upon when the
form alone of republican government
w required oi the states. Of such
rorm the only test is the character of
the general fabric.
Our experience with the constitu
tion of the United States has wit
nessed the practical nullification of
many of the forms which were pro
vided. The electoral college is non
existent as an independent body; the
power of the president's cabinet is
extra-constitutional; the senatorial
power to consent to official appoint
ments has become practically the
control of such appointments.
Woodrow Wilson insists (Congres
sional Government, page 306) that
w.vunuu ID uutY UU1-S.XU1U1 OL
government rather in name than in
reality, the form of the' constitution
being one of nicely adjusted ideal
balances, whilst the actual form of
our present government is simply a
- .scheme of congressional supremacy."
, In England the premier Jrae boldly
. ".declared, that 'the Jcing!s veto Js as
dead as Queen Anne," and the recent
concession by the house of lords of
a vast portion of this power is a
mighty change in substance without
a change in form.
It was Lord Butte who well said,
"The forms of a free and the ends
of an arbitrary .government are
-' ,rthingsnot altogether dncompatibl6.""
John Adams in his ""Thoughts on
Government" (Works, Vol. 1, page
193) rebuked the poet Pope for
false philosophy expressed in his
lines, "For forms of government let
fools contest; that which is ,besfc ad
ministered is best." "Nothing," said
Adams, "can be more fallacious than
this; nothing is more certain than
that some forms of government are
better fitted for being well adminis
tered than others."
The later provisions of Article 4,
Section 4 for cases of invasion and
domestic violence are very impres
sive in their suggestion that the sub
stance of republicanism is to be pre
served under that portion of the
article, and that under the guaranty
clause, the states are required only
to furnish the forms of a free re
public. It is quite apparent that there are
no particular forms contemplated as
- republican by the constitution.
- ' Vln.the constitution of Pennsyl
vania the executive department exer
cises judicial powers in the trial of
" -public officers. In New .Jersey, in
'-Georgia, in. South Carolina and North
' -'Oarolina the executive jpower, is
-tf blended rwith .the legislative."
- James Ttfilson in Elliot's De
bate?, "Vol. II, p. 505.
'Clearly -the direct election of repre
sentatives is not a requisite, as this
very court consists of men appointed
by the president who is eiectea oy
an electoral college. It is likewise
plain that a limited tenure is not
essential as the members of this
court hold their offices during good
behavior.
In the constitutional period the
election of judges was not by the
people but in the form of appoint
ment under the English precedents.
That the people of most of the states
have decided to elect their judges
constitutes clearly no invasion of
the republican form. If it be true
that the only basic requisite of re
publican form be its recognition of
-the continuing sovereignty of the
people, such form would seem to re
late'to the machinery of the govern
ment; the shape . it. takes must be
such that the popular will shall be
11
.' -' ."
permit expression of consent of the
Pare democracy has never been
regarded as inconsistent with such
rorm, but on the contrary has been
deemed Its most perfect form.
Oligarchy and monarchy are the
only inconsistent forms, namely, the
power of one or of less than a ma
jority to determine the rights of the
whole.
There is no doubt that the speech
of James Wilson In th rnnvnnn
of Pennsylvania for the ratification
of the constitution, November 24th,
1787 exercised a profound influence
upon the public opinion with respect
to the federal constitution.
B. "DEMOCRATIC" AND "RE
PUBLICAN" SYNONYMOUS.
It is apparent from the discus
sions of the constitutional period
that no distinction existed in the
larger conception of the words "de
mocracy" and "republic." This Is
true even nf Annfant mifhrrtHa
"There, are .three sorts of t public i
government, to wit: Monarchy,
which is regality or kingship, oli
garchy, which is the government by
peers and nobles and democracy,
which is a popular or (as wo term
it) a tree state."
Plutarch's Morals, Vol. V, p.
39.
Tacitus' Annals, Book IV,
Ch. 33.
"If we consider the nature of civic
government, we shall find that, in
all nations, the supreme authority is
vested either In the people, or the
nobles or a single ruler."
Charles. Pinckney a member of the
-constitutional, convention quotes
Paley, Vol. II, 174, -175., who enu
merates three forms of government,
despotism, aristocracy, and a re
public and defines the latter as "a
republic, where the people at large
either collectively or .by representa
tion form the legislature." Elliot's
Debates, Vol. IV, p. 828.
Hamilton in his brief for argument
on the constitution of the United
States (1788, Works, Vol. II, p. 463)
makes it plain that "republic" was
a term variously understood. He
asserts that it has been applied to
aristocracies and monarchies as
Rome and Great Britain under kings,
Sparta and Carthage through a
senate for life, Netherlands through
aristocracy and monarchy.
He adverts to the confusion about
the words democracy, aristocracy and
and monarchy, designating democ
racy, as defined by Rousseau, as a
government exercised by the collec
tive body of the people and any
delegation creating an aristocracy,,
but he says:
"Democracy in my sense where the
whole power of the government in
the people; 1, whether exercised by
themselves .or, 2, .by .their 'represen
tatives, .chosen -by ;them either medk
ately "or 'immediately and legally
accountable to them."
He divides governments not into
republics, &c, but into democracy,
aristocracy, monarchy, and defines
aristocracy "Where whole sov
ereignty is permanently In the hands
of a few for life or hereditary" and
monarchy where the whole sov
ereignty is in the hands of one man
for life or hereditary."
is that the
Wort it intend the establishment
and security of tho former.
We, sir, idollzo tho domocracy;
taose who oppose it have bestowod
yjogiums on monarchy. Wo prefor
this system to any monarchy, bo
cause we are convinced that it has a
greater tendency to cccuro our
liberty and promote our happiness.
We admire it because wo think It
a well-regulated domocracy. It Is
recommended to tho good people of
this country; they are through us to
declare whether it bo such a plan
of government as will establish and
secure their freedom."
"Switzerland," that confederate
republic, has stood upwards of 400
years; and although soveral of tho
individual republics are democratic
and tho rest aristocratic, no evil has
resulted from this dissimilarity."
Patrick Henry, in Virginia Debatos,
Elliot's Debates, Vol. IV, p. 62, and
at p. 44, "Holland is not a democ
racy whoroin tho pooplo retain all
their rights securoly."
James Wilson said (Elliot's De
bates Vol. II, pago 365) "thon lot
ub examine, Mr. President, tho three
species of uiuiplo government which
aro tho monarchal, arls
tocratlcnl and domocratical."
Tho fifth installment of Mr. Wil
liams' brief will bo printed In the
next iflouo of Tho Commonor.
SIMPLE SOLUTION
"Tho bluff, cheery optimism of the
late Senator Fryo," said a Lewiaton
dlvlno, "could not brook a whlner.
"Once at a dinner horo In Lewis
ton, a whlner seated opposite Sena
tor Fryo said dolofully:
" 'I have only ono friend on earth
my dog.'
" 'Why don't you got another dog?'
said Senator Fryo." BoBton Herald.
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