Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-03-04

When the administrators of popular |
representative government lose sight Of the !
fact that the people are the controlling |
power-that the government was made by
them, and is TO be conducted for them, and
therefore should be managed according to
the instructions they may give, they need
not be surprised if their conduct is disap-
proved, and that governmental affairs tum-
bic into confusion and disorder. In pop
ular government If the sap Of sympathy with
the people-which is its life-blood-be cut
of, dry rot will be the consequence; the
government will lose its influence and to
maintain or attempt to uphold the due
authority which should he its its preroga-
tive, it is compelled to resort to stringent
and coerciYe legislation. But this Only
aggravates the disease ii is intended to cuse
1t still further alienates the people from the
government, and leaves the singular specta-
Gle Of popular government without popular
support; and when this state of things
exists the essential idea Of republicanism
is lost.
1t will not be denied that in free repre-
sentative governments the enforcement of
the law depends upon the people. If the
law meets the sanction and approval of those
upon whom il is intended to operate it will
assert itself; if from any cause, it does not
it viii be dead letter on the statute book.
When the people refuse to acknowledge the
justice and propriety of a law, extraneous
force must be called in to administer it, and
in this case it is obvious that the viii Of the
people is oyerthrown and the dictun of the
Government substituted in its stead. But
to do this effectively the number OF instru-
ments for the execution Of the law must
bear something like equal proportion to
those who oppose it, or the officials must
be entrusted with arbitrary and almost alb
solute power; and in either view the integ-
rity Of free institutions suffers a severe blow.
The whole proposition may be summed
up in the statement that no statute is fit for
the code Of laws of free people that is not
in consonance with the popular Judgment.
And when the truth of this proposition is
successfully dsproved, the doctrine of the
capacity of the people for selfgoyernment
is exploded.
This is the real issue on trial now between
the people of Tennessee and the majority of
the present Legislature and the State admin
istration. If the people are not capable,
then a government ofsome sortis necessity,
and they must be governed noleas eolens If
they are, and see fit to assert their rights, the
State government will be compelled to re-
cede, or see their laws remain inert on the
statute book.
| A people whose traditions and natural
tendencies teach them to respect law, and to
love order and good government, may and
will, and We think should interpose no OBJ
stacle toi its enforcement; but we do say, and
it cannot be denied, that the enactment of
stringent and proscriptive measures is cal
culated to beget disrespect for the law, and
to demoralize public sentiment in regard TO
| lbo plhhiiiS iOlSN anu AhO SlNdb
mass of the people have no sympathy with
such a policy, and their instincts, which are
rarely wrong, teach them that it is as unwise
as it is unjust.
There is no question which government
should touch so delicately as that of
franchise-the right to vote. 1t is the first,
host sraotost aud lao roof r;rb4 Of tba o;t;,a,,
Strip him of it, and he who wore the piano.
ply of ruler in qualified sense, sinks into
that of subject. Hence all laws restricting
it will ever be unpopular, The right OF
government to take it away is one which
every rejecting man feels that that it is his
duty TO deny; and when such statutes are
passed, two consequences will be the inevita-
bic result: They will be nullifed and dis
regarded to great extent and lead to an
utter Generalization of public sentiment in
regard to mems rights and duties at the
ballot-box We venture to assert that such
franchise laws as are now being forced on
the people of this State have done more to
lvwrr the character and weaken confidence
in the stability of republican governments
than all other causes combined.
If it were possible to carefully analyze
and obtain the facts under such an experi-
ment we should like TO learn the opinion of
such political philosophers as De TocQUE-
VILE, MoNTEsQUIEU, JOHN STUART
MIL, or of HAMILTON and JEFFERSON, but
have little doubt that such legislation would
be condemned and reprobrated by them as
pernicious to the last degree.