The Arkansas advocate., 1831-09-28

attoS ASA tse lo as It's limited aud Fesffii i've character; siti error originatiu
 principally, us l must think, in not dul
 reilecting on the nature ef ctr ifistttt
 tions, and on what constitutes the enl
 rational object of all political const
 tutions.
 IL has been we'll said by one of th
 most sagacIous men of antiquity, lha
 the object of a constitution is to resfrasi
 the GoTfrHmeit, as A5at qf }ases is 10 re strain isldlrsauuis. The remark is cor
 rect, nor Is 1t less true where the Gov ernment IS vested in a majority, thai where lis in a single or q few iadiyidu ais, iua republic, than a monarchy O afiSlocfac3. No one can have highe
 respect for the maxim that The malofit, ought to govern, than 1 have, taken ii It's proper sense, subject to the restric tons imposed b} the constitution, ant confined to subjects in which every DOT ton of the community have similar in terests, bu' Il IS q great error to sup pose, as many do, tbat the right ofa ma. Iority 10 govern, is natural and hot a conventional right; and, therefore, ab- solute and unlimited. By nature every individual has the right to govern hinl- self; and governments, wiletherfounded on majorities, or aIlaorliies, must derive their right from the assent, expressed or implied, of the goxerued, and be sub ject 10 such limitations as they may im- pose. Where the interests are the same, that is, where the laws that may benefit one, will benefit all, or the reverse, if is just and proper to place them under the control of the majority; but where they sa..ssii:ssi...a, s, t,,ai tue law that may benefit one portion may be ruinous 10 another, 1t would be. on the contrary. unjust and absurd 10 subject them to its will; and such conceive 10 be the the- ory on which our Constitution rests.
 That such dissinilarity of interests may exist, it is impossible to doubt.-- They are to be found in every eommu- nity, ina greater orless degree, however small or homogeneous, and they consti- ute, every where, the great difficulty of forming, and preserving free institutions. To guard against the unequal action of the laws, whenapplied to dissimilar and interests, is, infaet, what main. ly renders a constitution indispensable l; to overlook which. in reasoning on our Constitution. would be 10 omit the prin- cipal element by which to determine its character. We're there no contrariety ofinterests, nothing would be more sim pie and easy than to form and preserve free institutions. The right of suffrage alone would be a sufficient guaranty It is the conflict of opposing interests which renders it tine most difficult work of man.
 Where the diversity of interests ex- ists inseparate and distinct classes of the community, as is the case in Englapd, and was formerly the case in Sparta, Rome, and most of the free States ol antiquity, the rational constitutional provision is, that each should be repre- sented in the Government as a separate estate, with distinct voice, and neg ative on the acts ol its co-esiates, in or der to check their encroachments. II England the Constitution has assumed expressly this form; while i'll the Gov ernment of Sparta and Rome the same thing was effected under different, bnl not much less cfficacious forms. Tht perfection of their organization, in thii particular, was that which gave 10 tht constitutions of these renowned States all oftheir celebrity, which secured thei liberty for so many centuries, and raised them to so great a height of power ane prosperity. Indeed, constitufiona provision giving 10 the great and sepa rate interests of the community til, right of selfproteetion, must appear t those who will duly reflect on the subject not less essential to the preservation o liberty, than the right of suffrage itseil They in fact have a common object, f effect which, the one is as necessary q l the other-to secure responsibility; tfla 1 is. Hsat those rho nsake and erecute h l1us, should tc accountable 10 fhose O arhon the idaes m ,eulfty operate; fhe onl. solid and durable foundation of iiberty.-
 ] # itiiiout the right of suffrage. our ru lers would oppress us, so, without th right of selEprotection, the major woul equally opprcss the minorinterestsofth
 community. The absence of the fol ] mer would make the governed the slave 1 of the rulers, and Of the latter, the fes bier interests, the victimof the stronge I Happily for us we have no artificii and separate classes of society. We hay rl oxploded all such distinction,