The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1877-07-21
The True Foundations Of Law and the
Essential Conditions Of Liberty.


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ernmen', sg eng .Ie,''o'' ,, "" "'"! nut oo sur
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"-amost thence my nature Z subducd
To what II "ork' in-iiNe 'he dSe's hahd'
and that the thoughts, which on this occasion
Ipropose to submit for your consideration
should relate to the government of our com.
mon countryside great American common.
wealth in whose citizenship we all rejoice,
with all its legacies OF honor aud lofty exam.
ple-its present privileges and responsible.
lies, and its hopes for n future of glorious
ful6llment.
In other countries the discussion of the
topics of law and government might be prop
erly addressed only to those exceptional bo.
dies or classes Of citizens upon whom the duty
and control of public affairs were deyolved,
and who, under their system, relieved the
general body of inhabitants from all respon.
sbility for the consideration and adjustment
ofsuCh dry and difficult questions.
ed our political fortunes and staked all our
hopes of good government upon the capacity
of free and intelligent people to govern the
I themselves by the institution and maintenance
I Of wise and just laws, as means to attain the
great ends of liberty, tranquility and happl
ness, the independence and elevation OF the
minds and characters OF the people.
1t is ut once evident that individual indie
pendenc0 in thought and expression is pecu-
iarly needed, under our majority rule, and is
Of the same time more endangered than where
q less number Of rulers is TO be consulted.
The absence OF political ranks or classes re.
moves the barriers to the uninterrupted roll
Of the great wave OF public opinion which is
so apt to submerge and bear down opposition
from individuals.
Therefore as the number Of minds to be
reached and consulted is greater in America
than elsewhere, the task of government is
greatly increased in its difficulties by reason
Of the popular form 1t assumes here, and in
congratulating ourselves upon our privileges,
s' Us no' 9e u"I''nI'ul ., His ~ uu'es ,nas 80
daily hand IN hanu win them, ana winch
Justice imposes upon all who would earn the
'# -, o., oa;,,, ,han,
ien' '" 'tyVy '"Sn , ~,
H oron meraI rather than a nofit;caI bas;s
apd does moi consist in charters or statntes'
but has its real security in the peace and hap.
pinoss the independepce and elevation of
mind. which il brings To such as are capable
oi truly comprehendng and enioying It's de.
N lights, which once tasted create a holy thirst,
which nothing hut pure fmntains can satisfy.
Nv il men are deyeloped In mind and soul,
IL increases and encourages activity in both
and founded as in our American system upon
the profound assurance and trust that the
good elements in human nature are more
81 powerful than the evil aud are continually
gaining on them-the result Is, that in an in.
n creased activity the preponderance of what is
good will increase, and thai society will ad.
vance with an accession Of virtue, Of national
al power freedom and independence.
III Tnon notbing less lnfiy i Eonnd.J our
theory Of American liberty, and we have
sought its security in a government of laws,
n, the basis of neace and order which their
execution guarantees, IL is true that liberty
/, held under government, but the liberty Of
opinion keeps Government itself in subiection
to its duty.
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HayingT adiyts; the public, may spsas freo;
Which he who can and will. deserves high praise,
VINO neither can nor VII. may hold his peace
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1t is by law alone that the fixed and dura'
bic possession is created, which IL called pro.
economy and the fruits OF all are secured by
aw-lndustry creates and law preserveS-be'
lore the law there was no pFoperty-take away
the law and property ceases
In this presence need say nothing of the
manifest duty and necessity of the constant
| subordluation OF the Will OF individuals TO the
established laws, because it is SO manifest
that no government could stand were the
general will permitted to be counteraeted by
individual opinion or caprice. Life in society
is impossible without such mutual relations
and such common bond, and social order
would inevitably be dissolved II every man
declined practical acquiescense IN any po-
kV hhcal regulation he did not personally ap.
prove.
The duty Of submission is founded in pru-
elples which are in force under every govern
ment OF laws, and under our American sys-
TEN Is superadded the additional persuasion
and obligation to obedience 10 the laws that
they are mainly the creation OF those who are
to be governed by them, and the demands of
common security are strengthened by the
appeal Of good faith. And this makes obe'
dlence to law the honorable duty ofthe Amer
lean citizen, and eleyates his obedience by
the dignity Of the motive in which 1t origina'
ted Political indifference must be fatal TO a
republic, and we have no less authority than
n iure and great faculties has so blessed his own
and other countries, for saying that 1.-THE high
est earthly desire of the refined mind is to
take an active share in the great work Of gov.
eminent"
And now by your leave will submit some
reflections upon what in my opinion consti.
Iaies our best reliance for the honorable and
successful government Of this great republic,
thier the institutions established by our fore.
'aihers.
The real scope and practical dominion of
mere legislative enactments-the statute law
Of the land, over the happiness, welfare and
NE exaggerated md nndulv mngnifed in the
mind OF the average legislator, who flies hasti-
y to pass illconsidered statutes as q panacea
'or The ills of state, and the be all and the
end all Of good government.
The consequence is medley Of laws, scarce
to be called system, for stability is sci.
uom permitted, and in it no broad and whole
some principle Of government can be traced.
Ills garment not woven, but made up of