The times., 1898-07-17
Judge Morris ON Civil Liberty.

haa1sted. This could not be shown better
than by the series of eight lectures be-
fore the postgraduate classes of the Uni
versity Of Georgetown by Judge NJ. F..
Morris, associate justice of the Court
Of Appeals OF the District of Columbia
and professor OF constitutional law in
the law department Of the University of
EdorgetoWU. These lectures are now
published IN a permanent form They
are hardly less remarkable for originality
and insight, for thoroughness of infor-
znation and orderliness of arrangement.
rhan TOR warmth and lucidity of style.
Dealing with subjects that are not in
themselves aHuring to most readers,
Judge Morris animation and eloquence
are stil able 10 hold one like a brilliant
Grafton In G necessarily brief review, in
which the ideas OF the author must be
given IN a more compact form, much OF
Ehe beauty OF the dictiOn Is lost No one
who follows these original views 10
1he PRONUNCIATION OF civil liberty and its
extension throughout the five great ma
lions of the ancient world and its de-
Selopment in modern times, Will care to
leave the subject as long as there is any
ching 10 be learned about It. This is not
the place TO enter on q discussion as TO
whether the opinions of Judge Morris
adltagonlZe the doctrine of the slow eYo-
luton of civil liberty as a result of the
experiences of mankind. III Is only in
rended 10 present. as far as possible in
the authors words his interesting ideas.
The first lecture Is general sketch of
the rise and progress OF civil liberty and
Of the great periods OF its development
In the ancient world. Aristotle distin-
guished three classes Of governmental sys-
tem-monsrchy, aristocracy and democ-
racy, or government by one man. by a
class " select few, or by the people
themselves, This classification remains
theoretically as correct today as when
1irst enunciated. The monarchy of his
category was an absolute despotism
Aristocracy has found its strongest de-
tense in the fact that all government at
last Is, and always must be, administered
by a few select persons. The vice of the
system Is that IL seeks 10 perpetuaIe the
administration OF government in a class.
when nature refuses TO perpetuate in that
class the sentiment Of honor, the spirit
OF integrity and the faculty of admins
1ratfon. Democracy rests. as the best
reason for its existence, on the equal re-
eponsibihty Of all men individually "a
Ihelr Creator, on the freedom of the hu-
man will and on the equality before His
IlR4EE which that freedom necessarily
implies. But in It's practical applicatf tfor
Democracy has its vice as well as mon.
archy and aristocracy, in the fact thai
the voice of the Majority by which il as
suEnes 10 be governed, is not ALWAYS the
voice OF wisdom In spite Of this. ii is ia
me democr5cies of the world that we
owe nearly all that is best in our modern
GFlllzation; TO the democracy of Israel
our monotheistic religion; 10 The democ.
racT Of Athens our literature, art. sci
ence and philosophy; to the combinattor
OF aristocracy and democracy thar CON
stituted The Roman commonwealth. ana
mainly TO its democracy, the best illris.
prudence the world has ever known; Il
ths Italian republics of the middle age,
the preservation and the renaissance q,
civilization when 1t was engaged In :
death struggle with Teutonic feudalism
In the Roman commonwealth and the re-
publican states OF Greece. the germs ex.
listed OF constitutional and representatiy,
government. although IN a rude and un.
developed state.
40 higher and nobler source than the
saRages OF North Germany. to a great
er and better source. even than the ex-
treme civilizations Of Greece and PonDa &
cue the origin Of civilization and of con-
Etltullonal government. The first con-
sitduon was promulgated and the frs,
republic was proclaimed amid the thu3d-
ers OF Sinai IN the commonwealth of
Israel we find the basis, not alone of the
religious system which we now profess
ana which so largely constitute what We
cal our civilization bur likewise of rhe
poAucal and social institutions which or
10 make up our civil liberty. The Law rFa
was promulgated upon Sinai was not ex-
cluslNely code Of religious belief. bur q
civil code likewise for the political guild
ance OF the people Of ISrae. There II was
mar law commenced to be There IT was
ihe people first commenced 10 be spoken
OF IN connection with the law and as gov.
erned only BY law. Before that time the
transactions Of the world were the trans.
actions OF its petty tyrants. Israel in
fact, under the institutions of Moses
was thorough democracy. The Hebrew
commonwealth was the prototype of ON
own American Federal republic and be.
fore oGr own no other purely Federal re-
public ever existed than the common.
wealth Of Israel To Jehovah himself anf
10 MS chosen legislator. Moses. on Noun
Sinal. IS due the origin OF constitutions
ana civil liberty. The supremacy of law
The fNity OF certain fundamental firs-
principles in government and the freedom
and equality Of all men before the Law
and with responsibility only 10 IN,
law, which are the essential features al
constitutional and civil liberty. were ex-
emplred first on earth in the common.
wealth of Israel.
The beacon fires of civil liberty. lit ffrst
upon the mountains of Israel and thence
spread along all the coasts of Phoenicis
and wherever the Phoenician merchant.
men went. soon found fitting resnons,
along the classic headlands OF Greece
II ls by and through the Inhabitants o.
cities and not by agricultural communi
ties that the principles Of civil Hbert,
have in general been prOpagated and ner
petnated. Influenced by the examples O.
Phoenicia. Greece and Carthage. Rom,
arose on her seven hills. repudiated mon
afchy established republican institution.
ana entered upon her wonderful caree
for the conquest Of the world for bersal
ana Tor civil liberty. Wherever she cam,
kome proclaimed freedom and ii was no
mockery. Israel. Phoenicia. Carthage
Greece. Rome-these Were the five prea
nations Of the ancient world that origin
ated and developed the principles Of civi
liberty IN the ancient world. in antagon
Ism alike 10 the arbitrary despotism O
the great Oriental monarchs. and 10 tn
essential principles Of monarchy itsel
and 10 the lawless savagerv of Teutonic
Tartar, Arab and African barbarism.
IL Is easy for man 10 lapse into bar
barlsm- He has only to cut himself al
from intercourse with civilized society
IL has never vet happened. in all the his
tory Of humanity. that he has been abI
10 retrace his steps and to recover til
civilization which he has lost. excer
through the pursuit Of him or, of his pos
terity by that civilization. BY tn
barbarism and savagery into which h
may have degenerated he may hay
gained certain kind Of freedom fror
the restraint which civilized society in
poses upon him; but that savage free
dom Is as much akin TO true civil lii
erty- as is the ape TO the human bein;
The essence Of barbarism is lawlessnes:
the essence Of civil liberty is law