, 1875-02-13
OUR Q0UNTnY-WIAT IT u,

OUR 0oUNTnY-WHAT IT u.
Prof. W. ". SUMNER, Of Yale, hns lateiy
delivered a course Of lectures on civil gor
er11ment to tile students in his department.
In one Of them, ho discussed the real natun
Of our Republic His viewa on this thcma
are well worthy Of attention, for be is Che ot
the ab1est Of the rising school Of men in
whom lies tho hope at our po1iticM future
the men who believe that tho first duty ci
the American citizen, as q citizen, is to M
actively sngoged in politics, mud who think 1t
necessary to study politics before lnyins down
its laws. Prof. SUMNER is tic author Of The
weu-known work en- "Amesican Currency"
lie is m Independent Republican, who Las
proved tho sincerity Of his belief in The
duties Of citizenship by consenting to serYa
aa IN Alderman in Now Haven. Tint El;ndlY
Democratic city proved its good senre BY
elccting him to the place which sought lis
services.
In tho 1eoturo to which va have referred,
tho Professor began by drawing lroatl dis
tinction botweon constitutonalism nnd cl4s-
legislation. All such legislation, whether fer
tho benefit Of King, or nobility, or rich, CT
poor, Is I'll inroad upon constitutional rjg]t
Laws SHOULD be male for nl!, not for tlss
minority or ths majority. Those mado fo.
tue latter ato apt to be Of the worst sort pos
sible. The lesislation Of 17o2 in Franco is IN
example Of this. The attempt to enforce ab.
solute equality by law ended in Cusaris1u
"This Is the great 1osson for the people to
learn to-day. TINT absolute equality must eu1
in Cnsaris1n.* Absolute equality is pnto
democracy. Purs democracy is Incompatible
with a constitutional republic. WLare it pre-.
vails, thu 1uctuating twill Of the reop]o" il
lawn law which lists for moment, then
disappears. It is government by whi'n and
caprice, passion and revenge. It ofnnot beat
restraint by custom, usage, or settltd luw.
Our Government is constitutional ro7nb.
lic "The evils, the bad tendency, and dan.
gera which have been developed lie in the
direotion Of making It pure democracy
Such democracy would have gone to VIM
with Spain iastanter whom the Virginius
was captured. As 1t was, 1t needed the whole
strength Of our constitutional checks to pre-.
won't this mud folly.
PROF. SUMNER enumerateA five great chccks
upon the popular will, tile existence Of which
provea his definition Of our form Of govern.
| lnent.
The first ia the written Constitution. This
provides that tho government shall be so-alsd-
70, no matter what the majority Of tho mo-
ment wonll like to havs 1t. "partios 1uay
60 to one or tho other extreme, bit here il
the law to bring them back"
Tie second cheek il ths Judiciary. Tllls
pasaes upon tie constitutionality Of la"s
/ and so keeps majorities from interfering with
our htagna Charta. In 1890, tho Baltimore
branch Of the United States Dank brought
| suit in the United Etates Courts to recover
the tar imposed upon 1t by The 1nws Of Mary.
lind. The Courts decided that the Stats
| law waz unconstitutional. The tax had 10
be refunded, Maryland Was groauy excited
at this, but the people had to submit to tha
| Judges Twice or thr ce, when tie Supreme
Court had prevented the fulAllment of tl'a
popular will, there has been cry, "Down
with the Supreme Court" IhiI aort Of SILL
ness has had it's day. We must remind Prof.
| suANEa, however, that the Grsngors lltva
echoed this cry very lately. The people 10
| sponsible for It forget that all power needs
checks. It makes no difference whether tha
power Ia conferred In large majority ors
slanll minority, except TINT in the former
case ita exercise is apt to b. the more des*
potio
The Presidents veto Ia another check. II
saved the country from the foolish FinaAes
bill passed by Congress- at the Lost session II
has unfortunately failed to deliver Us from
the Littls Tariff bill.
The fourth check on popular passion IL the
constitutional requirement Of two-tLI's
vote in certain cases. This prevents haEe
majority from carrying reckless measures.
The fifth check ia the recognized ex'steree
and duty Of an opposition party in Congress
It crlticisss measures, argues against theIa'
tries to persuade the other aida TINT 1t
wrong. protests and finally rscords its Totss
| against the measure 10 which It objects, i"
makes ths people SEQ both sidss Of the quss'
ton, and It often succeeds Ia modifying o.
isctionable measures. Anything which gass
the opposition is an inroad upon constitution.
a]ism. Ihe majority must b. able to paas
the Laws. within constitutional limits, xLlca
| Ii approysst hut The minority must la7s