The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-11-16

"u0 NHS ASSo
Of u government. 10 accomplish
this We might well:
/. /. Reproduce the conditions exist-
ing at Its birth. D..
2. Note the. plan OF government.
;; 3. Consider: tho observations made
by those largely responsible for, 1t.
4. And finally give due weight to
tho opinions Of later students.
1t can truthfuliy be said that the
trainers Of the federal and state con-
stituttons we're in ignorance Of the
theory or practice OF. legislation di-
rectly by the people because for more
than thrco> hundred years prior to
n organization of the first state and
the. adoption of its constitution, as
early az fourteen hundred and sixty
legislation practiced In some Of the
Continental countries Of Europe, and
from that time to tho present day, to
q greater OF less extent, the same
plan has been In forcc in n or more
OF them; Switzerland is a noted Z.
ample and was expressly mentioned
in the debates at the frami..s Of the
federal constitution.
ment .as distinguished from a pure
democracy, with direct legislation,
had been in force in England for
moro than I'VE hundred years.
., The Constitution.
The federal constitution was franz
ed by delegates o representatives Sc
lected by the different states and in
itself is n of the strongest argu-
ments for the wisdom Of legislation
by representatives, although, It. is
true. 1t was referred to the people for
approval and adoption, and this also.
is true. as to the" constitutions Of
practically all of the state.
The federal constitution was pro-
posed In September seventeen humid
red and eighty-sevcn; prior to this
time the states formed from the thir-
teen colonies had each adopted a con-
stttutton and in those constitutions,
had rejected direct legislation as to
general laws. and had adopted the
the scheme of representation.
A. further. review Of conditions en-
listing at the birth of the government
Is unnecessary, n We may safely
conclude from the historical facts,
that the plan OF direct legislation has
a most limited legitimate place in the
theory Of this government as origin.
ally framed.
The proposal admits that there is
no room for direct legislation within
the present plan because the proposal
Is to amend the constitution, this Is
because, under the constitution, all
legislation is enacted by representa-
tives: it is representative republican
government as distinguished from u
pure democracy.
Let us for a moment consider the
observations made by those largely
responsible for the theory Of our
form of government.
Madison said: IF a faction con-
sists of less than a majority, relief is
fsupplied by tho republican, principle,
which enables he majority to defeat
its sinister views, by regular vote = .
. When a majority is included
in a faction. the form of popular gov
eminent on the other ha:,d, enables
1t to sacrifice to its ruling passion OF
or interest, both the public good and
the rights, against the danger of such
La faction, and at the same time to
preserve the spirit and the form Of
popular government. is the,. the grea,
object to which our inquiries arc d.
j great desidcratum. tS which alone
this form OF government can be res.
cued from the opprobium under
which it has 'so:;long labored, and be
Recommended to the esteem and
adoption of mankind.
From this view of the subject, il
may be included, that !; pure demo.
cracy, by 'whichE!I+ mean society con.
sisting of a small numbe of citizens
who assemble and administer tho
government. in person. can admit y
no cure. from THE mischiefs Of fac
ton. A .con1h16n. passion or tntercs
will. in almost every case .bc-elt by {
majority Of the whole: n: -cummuni.
cation and concert, results front thu
form Of government itself; and there
is nothing to check the inducements
-. s10rsaoA %1sn ,a,ou1yAr 1,, tf nv ~
obnoxious individual. Hence it is, tina
such democracies have beer spec
tacles Of turbulence and contention
have ever been incompatible Will
personal security. Or the rights u
property: and have. in general beer
as short in their lives, as they have
been violent in their deaths. Theo'
reticpoliticiaus who have. %patroniSet
this species of government, have or
roneously supposed. that by reducing
mankind to a perfect quality in thetl
political rights. they would, at the
same time be perfectly equalizad ant
assimilated in their possessions. theiI
opinions. and their passions.
A republic, by which / mean a gov
eminent in which. the scheme Of rep
r%esentatin takes place. opens a differ
for which We are seeking. Let us en-
anime the points in which 1t varie:
from a pure democracy. and we shall
comprehend both the nature of the
cure and the efficacy which it must
derive from the union.
Democracy VS.. Republic.
The two great points Of difference
between a democracy and q republic
are. first, tho delegation of the gov
eminent, in the latter to IL small
number of citizens elected by. the
rest; secondly. the greater number OF
citizens, and greater sphere of coun-
Try, over which tho latter may be
extended.
Turning then to tho opinions of
later students. let us reproduce the
words used IN his first inaugural ad-
dress by Jefferson. who penned the
Declaration of Independence: Let
US. then, with courage and confidence
pursue our federal and republican
| principles: our attachment to union
and representative government"
There lived Il greater eH-
FOUNDER of the federal constitution
argument he said:. THE people must
have representatives. In England
the representatie system originated.
not as a matter Of right. but because
1t was called by the king. The pco-
pie complained because they had +o
send up Burgesses. At last there
grew UP a constitutional representa-
ton Of the people. In. OUT system it
grew up differently. 1t was because
the right to choose representative is
every mans portion Of sovereign pow
er. Suffrage is a delegation Of po-
littcal power to some individual
We know no other principle. If
you, go beyond these. you go wide Of