The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1891-08-06


executive, legislative and judicial Off
GERS Of the government are servants,
agents discharging duties of govern
ment imposed by law. The offices
they hold do not belong to them. but
to the people, and they are held IN
trust for the people. Officeholders are
trustees, responsible directly for should
be) to the sovereign authority from
which the trust originates. Official
trusts can only be faithfully and prop
erly discharged when this response
bility is fully recognized by the trustee,
and can only be fully demanded and
enforced by the appointing power, the
people, when the principles regulating
the appointment and administration
of the trust are intelligently compre-
hended by the people. This rule ap-
plies to every department of popular
form of government, and ignorance or
neglect of it may lead to oppression,
mal-administration and usurpation.
Recurring to the observation in the
opening of this address, have said
that the doctrine or theory that ours
is government controlled by the will
of a majority is a fallacy. desire to
emphasize this statement, and repeat
that it is gross, fragrant fallacy. The
experience of mankind has proven,
that an infuriated majority, bent on
power, plunder or resentment, whether
acting in legislative halls orion the high
way, is the most irresponsible, destruc-
tive, oppressive tyranny on earth. An
aggregation Of men, combined in
majority of numbers, will do, e their
aggregate capacity, what the individual
of that combination would shrink
from with adherence and shame. A
hundred tyrants are more grinding and
unscrupulous in the exercise Of power,
controlled by nothing but their united
will, than any single tyrant who has
ever disgraced the annals of human
government. A despotism founded on
the will of an uncontrolled majority is
infinitely more oppressive and danger
Gus than despotism represented oy a
single despot.
Profting g by this experience and with
full knowledge of the weakness and
proclivitiies of mankind when clothed
with irresponsible power, the founder.
of this republic hedged about and re-
strained majorities in the administra-
ton of our public affairs with every
conceivable limitation consistent with
the orderly conduct Of government.
The Creator of the universe, in con-
structing streams Of water seeking their
level by ne laws of gravitation, made
them to wind and meander on their
downward flow to check and regulate
the momentum of the descending vol
ume.
Straighten any river, so that its cur
rent will fall unobstructed to its level,
and the accelerated momentum of the
stream would carry destruction in its
course. Invest any majority of popular
representatives with absolute, uncon-
trolled power, and it would go crashing
through the monuments Of liberty,
created by the fathers Of the. republic,
until it carried them away into the
great sea of despotism and ruin. Majori-
ties in legislative assemblies require the
strong hand of restraint upon their will
far more than any element of power in
popular government. An experience
OF years in the legislative department OF
the United States convinces me of the
truth Of this, and of the wisdom OF those
provisions softheConstitution whlch i'm
pose checks and restraints upon them.
If it were not true, if the will of the
II najority is to be conclusive Of any and
every public measure, why does the
constitution require that an act of Con-
gress shall have the approval Of the
President, or its passage over his veto,
before it becomes law. Why was the
power conferred upon the President to
veto a bill and-require two-thirds vote
of both Houses OF Congress to override
the veto-why should two-thirds vote
of the Senate be required to ratify and
confirm u treaty? Why was the Su-
peme Court, representing the judicial
branch ofthe government invested with
power to invalidate an Act Of Congress
by declaring it unconstitutional Why
were the first ten amendments to the
Constitution adopted so soon after the
ratification of that instrument by the
the States, every one of them placing
limitations upon the powers OF Con-
gress, upon the majorities of both
branches of Congress? No, young gen.
tlemen, ours is not a government con-
troiled by majorities, but a government
Of the people, conducting their public
affairs by representatives and agents,
and they, in turn, are controlled and
restrained in their delegated functions
by written constitution and laws
made in pursuance thereof. l might
cite many other provisions of the con-
stitution and laws to establish this
proposition, but every intelligent man
knows that it is true, and l only refer
to and emphasize it to combat a. ten
dency in some quarters to insist that
numerical majority may do what it
pleases. There is 10 justification Tor
such principle in the Constitution or
rules made under its authority, tor the
government Of legislative bodies-no
authority for sucI d principle, except q
reckless ambition or desire to carry
party measure 18th high hand, and
seize power and plunder: under the spe-
cious preteXt that the majority should
rule. | do not deny the rule of the
majority after it has expressed its opin-
ion, asserted it's power, in a constitu-
tional manner, and in accordance with
we'll recognized parliamentary meth
ouS VI plOCeCuIe, duO WILL q Iuli
and complete recognition of the mi
nority. 1t is not against this phase
of the question that | am directing my
remarks, but against the vicious heresy,
that whatevera majority decides, under
the impulse and influence Of its own
will, is right and must prevail. This
has been claimed aud enforced by per-
sons high in official position, and the
ory more dangerous to popular institu-
tions was never advanced.
1t is only necessary to recall incidents
in our recent legislative history to
confirm the truth of this. In advert
in5 to them, let me say in passing, that
whatever references l may make, am
not governed by political or party con-
sideTations, and shall not deal with
them in a party or political sense, or
with a view Of scoring a political
point, but as citizen of the republic,
moved by sense of duty and d sincere
desire to contribute as best | may to
TO the curing OF public evils, the correc-
ton Of errors and the preservation Of
the true principles ofrepublican institu-