The morning call., 1894-03-07
promise all due submission and obedi-

Here was an exigency. Ii the colOnists
had been of Spain it would possibly nave
been solved by the choice OF captain
with arbitrary power, or Dy s0ne poiu
spirit Selling the leadership. But lney
were Eaglishmen, and Protestant
Christians, and so the compact of govern
| ment was democratic.
MOt the May1Ower compact Judge Story
says that 1t was ''if not the first, at least
the best authenticated case of an original
social compact of the establishment Of a
nation which is to be found in the annals
OF the world"
1ney dld not announce any political
nsAihs, as mat civil government derives
itS just powers from the consent OF the
governed. or that ali men are created
equal, out they applied them The com
pact was introduced by the declaration
that they were loval subjects of our dread
| sovereign Lord. King James, and thew at
once applied for a charter from the crown
30 lar as they assumed general govern.
mental powers IL was ad interim. mill tho
crown should act, but as TO local eoyerno
ment-the ordering of things that REQUIRED
a particular knowledge of the neeus and
changing conditions of the communicative
! assumption was never slntermitted and
local government was never wholly lost
| In the colonies. A government by the
English crown and Parliament was, as to
local and municipal affairs, not only iEcon-
| gruOus, but impossible. Things affecting
! the personal security, health and comfort
| of the people must be committed in large
| measure 80 local control. Local needs and
| conditions are so various that we have
found it impossible for the Government at
Washington to legislate Tor the Territories.
| Some general limitations, some provisions
In the nature of fundamental law have
been made, but subject to these under the
power OF Congress to annul any Territorial
| lava power seldom eXercised-lt has been
| f0UnH n
! to Legislatures chosen by the people in
! each Territory.
When civil government was given to
Alaska the best Congress could do In the
! absence of a sufficient population to or
! ganiZe a local Legislature was to declare
| that the laws of the State OF Oregon should
/ be the law of Alaska. This system of To-
cal control we have also perpetuated in
| the States. Cities, towns, c0uDtieS. town.
| ships, school and road districts have many
important governing powers given TO them.
! some of them of the legislative character.
NO State Legislature could satisfactorily
| determine all these matters, though each
| locality had Its representative in the body
ana It's slttings were within a half-day's
travel Of the people to be affected. These
! adjustments and subdivisions of the pow
| erS OF government are not so much of con-
yenience for philosophy as for necessity.
! Consider then how Impossible it was that
the King and Parliament could satisfacto-
rily direct the local affairs of the colonies
5000 miles away, six weeks journey. full
! OF discomfort and perilS, without represen-
tation in conditions that had
scarce resemblance to English life
Needs born In night, as exigenU as saw
age warcry. King and Parliament alb
sorDed by European Interests and in
Triguers ignorant of American affairs and
so selfish as TO be unteachable and wholly
nsympathetie-these were the conditio ms
n q IC &c
were slowly, uncOnsciously but inevitably
bringing to birth the great republic.
As we'll might Lester GlOuster, fisher
man, attempt to make laws for Il Sierra
mining camp as the English Parliament
| for an American colony. A local control
of local affairs is primitive and natural;
| government was begun on that basis; the
| family. the original unit of human associa-
/ ton. made lis own rules OF living, so the
! progressive form of association, the tribe,
the village, the city, the State, the fedora
! ton were evolved from dangers. am billions
| or needs common TO several families
! tribes, villages, cities or States. The func-
! ton of the State, whether single or fed
! eral, had TO do with things of general
| nature, OF common concern to the families,
or tribes, or towns composing it-such as
war. peace, diplomacy. The English
habit of local government was derived
! from the Teutonic invaders and con-
| querOrs. In Germany the community or
| ganlZation was called the Mark, and the
town meeting where the affairs of the
Mark were discussed and decided was the
Markm0ot The conquest was so thor
Ough that scarcely trace of the Celtic
inhabitants was left; the ground was
made tallow for the unmixed planting of
The civil system of the German conquerors.
Names were changed, but not the sub
! stance. The mark became the tun or
| township. and the local assembly the tun-
moot. These free aud full assemblages of
citizens chose the local officers and Sc
! lected and sent four representatives to the
courts of the Hundred and the Shire
| Mr.. Fisk says in these four discreet men
sent TO speak for their township in the
old county assembly we have the germ of
| Institutions that have ripened into the
| House OF Commons and into legislatures
| OF modern Kingdoms and republics. In
the system of representation thus inaugu-
rated lay the future possibilities of such
/ gigantic political aggregations as the
/ United States OF America. The organiZa-
tIon of our national government was Dos
/ sble only upon the basis of a reserved
| local control of local affairs, and the
preservation OF that system is essential TO
/ tina. popular content which is the only
security for the preservation of the union.
California and Maine could rot be united
under a government modelled on any other
| system. At the basis Of this system is the
! palpable incongruity of including in the
governing body those who have neither
knowledge of nor direct interest in the
matters to be determined. At another
time | Will speak of the completem ent of
! this truth. the exclusive control and direc-
! ton oil all general concerns by the national
| government. One is essential as the other.
| 1t is quite as, rather more, incongruous
and lDtoleraole that general concerns
affecting the whole body of the republic
should be controlled or unduly influenced
by States or localities. If only such as are
directly affected b. the conclusions reached
are To be admitted to the ballot and the
conference. then all such mast be admitted
to free and equal participation.
The colOnists brought with them not
only their English traditions aud instincts,
but they also stou.ly claimed their English
citizenship and the liberties and personal
rights that they would have possessed if
they had remained in the old home. Many
of the charters expressly preserved these
rights, The first charter of Virginia,
granted by King James. in 1906, declared
that all British subjects and their children
should have ana enjoy all liberties. fran-
ehises and immunities within any of our
dominions TO all intents and purposes as if
they had been abiding and born in this