The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-07-03
CONSENT OF THE GOVERNED.

Rufus Choate, in a letter to political COM
mittee, once spoke OF 1.-THE glittering and
sounding generalities of natural right which
make up the Declaration of Independence"
If there is one phrase in the celebrated pa
per which, more distinctly than others. is
open to the charge of being a glittering gen.
erality it is the statement that govern
ments derive their just powers from the
consent of the governed" 1t is being used
now as the basis of an argument against
our right to acquire territory by annexa-
ton, by conquest or in any way without the
consent of the inhabitants of such territory.
Americans regard the Declaration of indie
pendence with so much reverence that they
are apt to accept every statement of prin-
ciple it contains as unquestionable, but there
is no reason why they should. Jefferson was
neither inspired nor infallible, and, while he
was thoroughly American and profoundly
patriotic, he was somewhat Cranky in his
political views The statement in the Decla-
ration that "all men are created equal'' is
misleading, without qualification because
everybody knows that all men are not Gre
ated equal in respect of brains, ambition.
will power, moral qualities, etc. What JEFF
ferson meant was that all men are created
equal in respect of personal rights. The 9TH
er expression requires even more qualifca-
ton. 1t simply is not true that governments
derive their just powers from the consent
of the governed. 1t would be more nearly
true to say that they derive their just pow
ers from the consent of a majority of those
governed. All government is founded on
force One of its primary objects is the en-
actment and enforcement of law and the
preservation of peace and the subsection of
certain classes to the will of the majority
Government exists" says Macaulay, ''for
the purpose of keeping the peace, for the
purpose of compelling US to settle our dis
putes by arbitration, instead of settling
them by blows. for the purpose of compell-
ing us to supply our wants by industry in
stead of supplying them by rapine." Ham
iton, in one of the Federalist papers, asks:
why has government been instituted at
all?" and answers, Because the passions
of men will not conform to the dictates of
reason and justice without constraint -
Compulsion and constraint imply force, and
this is really the foundation of all govern
ment If government could only exist or de-
rive it's just power from the consent of all
the governed it would not exist at all. 1t is
enough If it has the consent and support of
majority, though in our own case we ex-
clude women and persons under twenty-one
years of age from active participation in
the government which they are forced to
obey. The Constitution of the United States
was not acceptable to all the people, and
every state constitution or constitutional
amendment ever submitted to popular vote
has been forced upon minority OF the peo-
pie by a majority. From this it does not fol-
low that majorities may do as they please
They have the brute power, the numerical
right so to do. but. in reality, they are
bound to protect the minority. and especial
ly sometimes from themselves. Government
is a trust and those administering 1t are
trustees. responsible to all the people, but