The Catholic bulletin. [volume] (St. Paul, Minn.) 1911-1995, 1911-01-14

EERRER AS 4 CHRMpIUN
OF LIBERTY.
Spain is not, indeed, a republic;
neither is it an absolute monarchy.
It's governmental system compares
very favorably with that of any other
constitutional monarchy in Europe. In
the matter of individual security
against arbitrary treatment by the
sovereign or his official representa-
tives, the Spanish subject has for GEN.
turies been effectively protected by
fundamental and organic law. The
Privelegio General of Aragon was
granted only 68 years after the sign
ing of the Magma Charta, and it's pro-
visions for the protection of the indi-
vidual, especially in his rights to life,
liberty, and property, are second only
to those of the famous English docu-
ment The Manifestation, which is
more than 700 years old, is as effective
as the writ of habeas corpus for pre-
venting arbitrary Imprisonment. Con-
cerning the legal system of medieval
Spain, Mr.. s. p. Scott, high Amerl-
can authority writes: 'In it's thor
oughness of organization; in it's adapt
ability for the requirements of those
for whose benefit it was designed; and
in it's impartial and speedy admins
tration of justice, it was at least four
centuries in advance of the judica-
ture of England" ("Annual Bulletin,
Comparative Law Bureau of the Amer
lean Bar Association" July 1, 1909, p.
19.) He sums up his study of Spanish
Jurisprudence in the following words:
"The Constitution and Code of Spain
are founded upon exact principles OF
Justice, and admirably adapted to all
the purposes of legislation, judicature,
the protection of civil rights, and the
repression of arbitrary power (p. 25).
Indeed, the every day life of the indi-
vidual is less affected by the national
government in Spain than in most OF
the countries of Europe, with the nat
ural result that the majority of the
people take very little interest in ma
tional affairs.
Yet the average American thinks of
Spain as the typical land of centrali-
zation, arbitrary power, and opposi-
tion to the principles of democracy,
though he would probably concede
that she is no worse in these respects
than Russia. The victims of this inn
preston ought to read history. II
they did they would find that, in the
early seventeenth century, when the
doctrine of the divine right of kings
had become fashionable in more than
one country of Europe (it was not
known in the Catholic Middle Ages) a
| Spanish theologian, Francisco Suarez,
defended in terms that would satisfy
any moderate believer in democracy
the theory that civil power has it's i'm
mediate origin in popular consent and
commission, and not in supernatural
delegation from God. Replying to
James I of England, one of the au-
of kings" Suarez declared: "No mon
arch holds authority Immediately
from God, but only through the me6-
um of the human will. This is, indeed,
celebrated theological axiom not,
as the king says, ridiculous but true"
(ssDefensio Fidei Catholicae, III, ii,
10Y. Commenting on a similar pas.
sage in another part of the works of
Suarez, the English historian, Hallam,
observes: $50 clear, brief, and dis
passionate a statement might have
caused our English divines, who be-
came very fond of the patriarchical
theory THAT the king held his au.
thority directly from Godl to blush
before the Jesuit of Granada ("His-
tory of Literature" II, 1889.
Nevertheless, it may be objected
/ that certain hereditary and privileged
classes exercise too much power in
the upper house of the Spanish 1egis.
lature; that it would be better for
Spain and the majority of the Spanish
people if the influence of these classes
were diminished, and some represen
tation in the Senate accorded to the
working classes. The principle OF
representation by classes in one of the
two houses of the national legislature
is fundamentally sound, inasmuch as
it enables the members of each class
to safeguard their own interests by
sending to the legislature men who
represent and understand these inter
ests specifically; but any scheme
based upon this principle ought tc
provide for the representation of al
the important classes, especially the
poorest and most numerous. The jus
tifcation of the latter statement il
identical with the justification of de
mocracy, or representative govern
ment, as against absolutism and bene
VIOLENT despotism. Normal self devel
. opment supposes that no man or class
will permit another to do for him Of
them those things which he or they
can do as advantageously for them
selves. In the second place, there are
some things pertaining to the welfart
of every class which no other class
can understand as well or provide TO
as effectively as the class itself that il
directly interested. In the thirt
place, the superior intelligence of tn,
upper classes does not always includ,
that particular kind of intelligenc,
which is necessary for wise and jus
government; moreover, the superio
classes have generally shown them