Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1853-06-09
From The National I,teihgen, er.

~ coming to rs from three or four
States OF coniederacy, divided by thou
sands of miles distance, including
some of tie oldest and some oi the very
latest ol its members, q series oi decis-
ions on subject-matters entirely uncon-
nee ed with each other. all conscn.
tame Gus and Affirming the same point oi
law, from Judges ol the Supreme Court
OF the United States. That point is the
unconsltullonalIty of the reference oi
any law to the eople in the r primary
assemblies for enactment or icaiioi,
and The absolute nulhty oi any law so
enacted ratified, or ordered 10 be reier-
ed.
We have never ourselves entertained
a doubt that such II course OF proceed
ing was absolutely unconstitutional in
the first place, as directly at variance
with the first section Of the first article
Of The Constitution OF the Uni'ed States
and out OF all keeping in the second
place, with the known charac .er 81 our
Institutions and with the traditional
character OF all representative govern.
ments.
OF pure democracies the world has
seen but few, and the character and pro-
ceedings oi those il has seen are not
such as 10 encourage the revival otsuch,
even if they were possible Tor any COM
munity too large to admit OF an assem-
blagc of all her male voting population
AT single time, and in slngle place,
where they may hear, debate and de-
eide all ques ions whatsoevor, whether
legislative, executive orJudlcial.
Such government wac the Athenian
Republic, IN which every possible OUTS
ton, from the election OF magls rates.
the ratification OF treaties, not the dec
laraton only OF wars, hut their conduct
and The appointment OF their generals,
down to the enactment OF the most triv.
ial sumptuary law, and the punishment
o: acquital OF the paltrest prisoner was
left TO the people in their primary assem-
blies.
A pure democracy assumes that eve
ry Individual Of the community has
equal capacity. equal leisure. equal ge-
MUS. ANA equal aptitude TO he himself
Judge. general, dlplomatist, law -giver,
statesman, governor, and 10 play the
part OF such to the credit and benefit Of
his country.
a representative government, wheth-
republican or monarchcal. affirms
the equal right Of every qualified voter
whether its suffrage be universal or
conditional-to have an influence over
and 10 give or deny his assent to enact
rnents on ail these questions, and others
incidental 10 the government OF the
country, hut denies and repudia,es the
lea OF his equal capacity. leisure, gcDl-
us, aud aptitude, ca ipso Jdcto, to I'LL IN
person every office, and deal Of his own
knowledge and power with every ques-
: on.
The mass is sufficiently wise. honest
prudent, capable to choose at their own
pleasure such individuals us they be-
lieve capable to represent them in these
various capacities and TO their coun-
scls guidance, leading governance, they
commit their welfare for such periods
ami under such conditions as they es-
teen sufficient to secure their liDuriies
and independence.
To this man they grant it TO be their
executive TO these 10 exercise all legis-
latlve power 10 these 10 hear causes
and give decisions 10 these TO COM
mand their armies, and direct their
sJuadrons but they no more clam tie
right TO order, in tumultuous primary
meetings, other than their regu ar as-
eMblages for electoral purpose es, the
declaration OF this war, or The enactment
OF this law. than they claim TO direct the
| leader OF their forces how to set his reg
imenls in the field, or the capttns of
their ships which way to put their helms
| in Il hurricane.
! A representative government sur
rounds and protects itself 10y II series OF
elaborate checks and balances. Dread
| ing lis own liability TO Cycitements, i'm
pulses, rash leg ,slation. or yet rasher
| execution. it voluntarily deprIves itself
of certain powers which it commits TO
| its own chosen delegates Dreading the
possibility oi their Liability also to ihls
Il inherent human weakness, II erecis
II further bar to hasty action, hy causing
every ques ion TO be originated and de-
bated by one, again-debated by sec
ond, and fialy passed on by third
power ol The State. before it becomes
/ lawful 10 act upon it. In like manner
| with its judiciary. it institutes series Of
courts to which III case OF error causes
may be successfully appealed in order
| to preserve itself from the fatal conse-
Il queLces of rash Judgment.
A pure democracy, in the reverse OF
all this, consults, Iegislates, condemns
/ declares war; acts once, and at a sing lie
movement, time, and place, impetuously
undouhtingly, irreversibly.
II Had Athens been representative
State instead of naked democracy, Soc
| rates and Ph0cion would not have quai-
led the fatal hemlock; Themis,ocIes and
Il Xenophon would not have died in the
service oi the stranger Demosthcnes
had not pershed in exile, nor Cleon led
| her armies to disgrace before Amphipo-
| lis.
| Had Rome been pure democracy in
stead of representative republic, she
| would have made submission 10 Hanni-
! oal alter the fatal field OF Came I; she
would have punished Varro, instead of
| thanking him ",hat he had not despair.
! ed Of the repuhlic;' she would not have
had twenty legions, not less than one
1 bundled thousand men in the field in
\ the year following that terrible defeat,
| when her male citizens were reduced
to two hundred and seventy thousand
only, nor would she ever have been
styled the mistress Of the world.
!. Such are emphatIcally the differences
II between IA free representative republic
and pure democracy. The former we
believe to be the We y best, the latter TO
be nearly the most vicious of all govern
| ments.
Il The Government of the United