The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-01-22
LEGTTfMATE BAIIoI-Box- -THE ''wIIL or
THE MAJORITY -

THE MAJORITY
The legallyexpres~ed VIII Of a constitutional ma
Jority Is the supreme law under republican inst
stutions. From it there is no appeal; above il
there is no LAM of ciyl action higher or more
imperative The great experiment of popular gov
ernment which the founders Of our institutions
gurated and which we are too recklessy conducting
TO solution, is nothing more than experiment Of
the government of the majority.
The experiment is not Ii was tried in
Athens; it tried in other of the ancient democ-
racies, well in modern ones and failed II failed
from sundry causes which may avoid; but chiefly
from two. The people acted, more less directly
in mass, in person. and not through representatives
chosen aud commissioned to act for them; that
clamor, rather than deiberation marked their pro-
ceedings; and passion rather than reflection dictated
the laws. Moreover, the will Of the majority
licensed unrestrained win, regulated by fixed
stitutional ordinance.
The excellence Of our own systems of poIty con-
sists in the remedies have devised for these
evils The founders Of our institutions based their
whole confidence in the success of our experiment of
popular government in the efficacy of these rem
edies. The two features of wellordered represen-
tation and srrsttea Constitution, those which
distinguish governments from the republics
that have failed, and in which are concentrated all
the hopes for the better success of our great
pertinent.
The balIot-box Tor rather the poll-book) is the
agency by which we select this representation, and
ascertain the constitutional will Of the majority 1t
of government and the success of experiment is
more largely involved in the preservation of its pu-
rty and legitimacy than in any other agency what
ever
The viii of the majority being recognised SUI
preme, there are but two modes Of ascertaining it
by force and arms, or by the ballotbox-by the JIM
LANE process, or the legal process--by the Topeka
plan or the Lecompton
The win of the majority, to be binding, must be
consistent with the organic law, and expressed
through legally-constituted organs. 1t must be
expressed by the people directly through the ballot
box, in the prescribed by law, by their
constitutional representatives legally and regularly
chosen through the hallot-bo1. The baotbox is the
aembic; but it is the legitimate ballot. box of the
law, and not the impromptu ballot-box devised for
the occasion by defiant faction
The success of our republican institutions depends
essentially upon upholding the legitimate ballotbox,
and putting down the spurious II is not the mere
will of pell-rnell majority, even though it be a
majority in fact that may rule supreme in land
yet ola majority ascertaned through the counter
felt ballot-box off awdefying faction. 1t is only
the will of the majority ascertaned by the ballot box
of the laws and constitution that is legimately SUI
prene. Honest faithful wise representation is very
essential to the success of great experiment Of
popular government; but more essential even than
this because necessary to this is the supremacy Of
the legal constitutional ballot-box over the mock
one Of the mob
The minority 'are endowed by their Creator with
certain inaenable rights " and the constitution and
laws enacted in pursuance thereof are the barrier
which protect these rights from the brute power of
the majority The legitimate ballotbox is the crea-
ture and instrument of this constitution and these
laws, through which alone the msjorifys will can
be expressed with authoritative effectcan prevail
over the minoritys The ballot-box of the Inob the
baotbox Of faction lacks all the sanctions and at
tributes which entitle the many to prevail the
few through it's agency 1t is the balot-box of brute
force over law and order of mere might over right
If the majority have determined to rule over the mi
nority outside of legal and constitutional FORMS
well might they carry out their purpose with high
hand and strong at once than through the sorry
device and counterfeit agency Of Illegal baot-box
They attack popular government in its most vital
part who usurp the sacred forms of republican pro-
cedure for purposes OF sa9tion and tyranny.
Away, then with the denagogue appeals for the
'will of the majority" with which the country is
now rife on the subject of Kansas. 1t is not the
mere will Of the loose majority that is supreme in
land of laws and constitutions but "the viii OF
the constitutional majority expressed upon questions
that may be legally adjudicated through the egiti-
/ mate ballot box"
1 In these abstract reflections have indicated in
some degree the nature of of the leading ques-
tons which will arise in Congress in connexion
with Kansas affairs 1t is question between men
who have observed the forms of law and respected
the legitimate ballot-box, and men who have wan
tonly and defantly repudiated both. 1t is more
than question whether negroes shall be free OF
slaves in Kansas. 1t is than question of con
OCCASIONAL fair dealing between two great sections OF
the Union. 1t is question that touches the vital
action of our republican system. 1t is question
whether the ballot-box of the law and constitution