New-York tribune., 1875-02-08
THE AMERICAN REPUBLIC.

A TERRIBLE MENACE -
trRoM Az OCCASIONAL CORRESPONDENCE OF TEE iiliD0AI
NEw-H AvEN Conn, Feb A-Proi- W. u summer
is delivering short course OF lectures on poluc"i
tonios to Yale graduates. The man portions Oh tue
',,a -a,at,,g to the Constitution of the American
Ronubl,o - will be found below. The closing lee
t,re Of the course will be delivered on Monday:
Consrtutionalsm il opposed class legislation Un-
,o- onarchv legislation for the crown; under an
oiQarchy Il is FOR few; under an arstocracY II Il TOT
the nobIemen against the rest. Under democracy II
lepsation the poor and II the execution oi the
laws varies IN behalf of the poor is just as wrong as
either one OF the other The only real anhesls
Il. between an 'ocracy" aud a constitutional govern
mcnt Civil liberty embraces the interest OF AL Inc
doctrine OF civil liberty that the minority should nave
IFS proper share ~ influence bat where one OF Two ways
,,s, be taken then the majority must control Many
Of Jcfersons doctrines amount 70 nothing more V1"u
the divine KIT Of the majority. Brt government is
,,tfar ~ xoeiicy entirely. There IS no divine rSht
about IT, Equality comes in as an opponent OF CLASS
legislation and there where 20 has pace ih our ~
tenn This means personal eq I3ty, Tor II we Gun IL -"
liical eoualrv Ne become involved atonce IN many Ia
lac,es soca.lei equality il often great ieHc ION
fran An extreme OF ab-outism despOm. nut II Is
generally communism. or tends toward H. ana u is
much a mistake the power II succeeds. Among
philosophical writer's sGch reaction Is called secohu
ary vulgar error; communism is secondary vulgar
error 70 aosousIn THIS occurred in the French R'vo-
Iuoa Tlcre weT, different laws and penalties for the
rsiocracy rom the laws and penalties for the lower
classes You see what came OF 10 IN the time OF Napo
leon Ill issued CeSarism, the only equality there
49, This The great lesson FIR the people TO learn TO-
day, that absolute quality must end In C@sdrsm In
contrast with tha, the sorernment Of law or const-
tutonaIism.
CoNsTITrT1ONAL GOVERNMENT
Vis the fundamental priccple Of consituuonaiism
that u should not egi,lao for any class whaever but
for the whole TIE idea Of the nation Is always upper
most CODstitud0nalsm does not care whether men
are al eq1a! not but under 10 al men are personally
eqal-equaI n personal rghts-equaI before the law.
Itis "a violation Of coustirutonansm when persons
political influence get special privileges. When
ward politician can secure immunity from punishment.
ny his popular influence Il directly opposed consti
tu.iouaI government II Recdy The Blacksmith" can
commt murder and 20 clear. il is injury to all men
who walk IN the streets Of New-YOrk. That is not
government OF cousttutOnaIIsm which permits that.
Rights are not equal under IL. L Is Of the utmost IN
porance that just Il ia. II q man commit
robbery and of. mpars the security OF property
or an though their houses not broken into
and 70 is Just the same II a can commit assault, end
ng perhaps murder and 20 free II legislation
III the interest Of poor men, It is making a privileged
class Of them and the true constitutional theory Of gov
ernment violated That kind OF legislation tends
ward socialism But The definition Of poor man land
there a good deai OF legislation for "por men,
s. peculiar. T. is the poor clerk tradesnan who
pInohcs along with his family rooms for a
is 10 the poor teacher, the merchant
the verge OF bankruptcy. who Is certainly poor
BODY Is; nor is it, ~ general man who wears whe
shirt 1t means generally those who handle the shovel
and pick. Another danger: II voted.
era 10y and paid 10y another, IL violation OF
constutionaiism But often happens in cities aud
towns because the largest part Of mans local
In the cities there large proetariIt winch
votes the taxes bat does not pay them.
Twenty-Five or more years ago the chief idea OF the
government was that Of system Of cnecks and bal
ances But that idea has out OF fashion checks
and balances equal there woad be action at all
There would be a condition Of stable equilibrium The
correct idea Of cOustitutiOnasm proper adjustment
OF the and institutions @; the State sake
Of the purposes which government exists. We
want them TO play with another 10 perfJr.a
TIC objects OF government The only good idea ,ne
ola belief about checks that Institution should
Oucroach the province OF another.
TENDENCY TOWARD PURE DEMOCRACY
propose 10 specify some pecuIarlt.cs Of our
American system, aud my object is to show that The
government established in the United States cousti-
tuuona republic, and that the evils the bad tendency,
and dangers which have been developed lie the drec
ton Of making it pure democracy. All my criticisms
vii he 10 show the auutbesis between a cOns uonal
play together IN predetermined or er and deuorfac,
spirit OF which is. first, equality, and then
vii Of the people" CW Of the people j.. useG as tne
current phrase for whdt the popular notion nj
variable indeed. TAKE the Late Alrry o. war win
spain All over me country the people had u all set
lid. T. was a violation OF American rights. W must
have return Tor 30 10 But all those the
country Tho knew a4ythiDg auCut Interna Ioua law 3
were by no means certain that case. II involved
some questions of fact which we mad not got and the
que lons law means clear. Tler. /
question blt tAat the -paniards cxecGt-
l- hose men. Now, the popular 'lIl is 10 be once
I-,usmuted into action, II risk OF
taAe. But our Government Is consutuIoDaiy neoCed /
Al. aud we're Obliged ~ act with dehera ion and re-
rIani Iuis j. good Illustration OF Tee waf Ia "ilcn
acnnsIfutouai government Is meant 10 ac' and mold
t4- people paCk ui4 they can 90 what Is wise
Tie ahTlt Oi uchoci"N however Is impatient OF con
stiut.Oua one OF these restraints, roe hlSn-
est IN the comJry, is the Supreme Court. Now our /
courts our luicidIj arc me hsAeSt ueltLdrl,r o CON
s:itut0ua government. Courts are tlo nrst Institutions
constitutions. sys"'n without CcArtS When our c'uf'-
i've WAY the r, stem is gone; there is nothing any J
@ouecr worth saving That Is why an elective lIl'a'y
IS such jerrloe menace cannot Out REGARD }, as /
most terrible menace 10 our Institutions Ihe D.mo-
" radical 10 adopt "ord wulcA VII. run IhIou@n az
our nistOry-lots not ne toui tney n.ly , ~,
a grand judiciary system Tor me eutfe cuuIiIF "aT /
adopted and II tne hrst acts OF Jefferson admins
Iweuly wears The System was restored. Nlen vas /
made an Adamss administration II was judcious lore
estJIed IT. shape from party motives Out 'heY
suc back tOl.s IrluciDes. We nave got very mucA /
ass upon the constit1touaty Of acts But when ms
Eas Il. done the democracy did not hKe u. Ihef7 /
,tre many violent frances and many neNspd- /
W 1 % 1T ,l'. c.es was mat Of NJ cCuiocn against
he state OF Maryland II that law winch was /
4ssed for tAX.uga branch Of the United States Bank
ras unconsfl l,!oual. a branch Of the United states
bank IN Baltimore taxed under the laws OF the !
state. and brought TO recover tue lax IAe /
bIuk Won the case. Til, about 1870. The oppO-
en's OF the United states Bauk were euragea 20 the
degree rAi- decision They TOOK thls p'sluon'
W., majority NJ the peOpic o. Maryland, pis,cd -
,g AND uow come, the United states Court and says
-at our Law uu and Fod. That nterieres win '"e
--lt OF Maryland 90 pass aaJ .aS ll MS lAlhd y
Cle-o was IKE ease ~ K-utCcKy lnvoivng tnr bank
..cstjou, aud also IN Kentucky state coHri NeoIed
-4at certain laws aooIs banks we're uAcohs
Court Appeals. tLeir own siate court uaIe sch