Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-12-14

their own mistakes and that no selected
few have a Godgiven right to make mis-
takes for the rest of the people.
The doctrine that 1.-The king can do no
wrong" is a legal presumption, adopted
for convenience, and more apt to be &C
cepted by the ruler than by his subjects.
Aristocracies, too. are liable to mistakes;
1t has cost a great deal TO correct the
mistakes that the few have found it
profitable to make against the many.
In democracies mistakes are least apt to
be made, because it never pays the peo-
pie to make mistakes Then, too. mis-
takes made by the people are more Will
ingly borne by them and are more quickly
corrected.
Faith In popular government is not in
consistent with the demand for deliD-
crate action. Man excited is quite a
different creature from man when ne Is
calm The appeal from Philip drunk
to Philip sober" is not an unreasonable
one Written constitutions have doupie
purpose-they limit the power OF repre-
sentatives-they are time locks placed
upon the public will by the people them
selves to insure deliberate action But
the demand for deliberation must not DC
confused with the denial of capacity. Inc
capacity for self-government must De
assumed first because there IS no I'M
partial tribunal before which the case
can be tried. if contested, and, second
because. as Clay declared, 1t wouio oe
a reflection on the Almighty TO say that
He created people incapable or sel-
government and then left them neip-
less. the victims of despotic power.
The average capacity of one nation Tor
seIf-goyernment will differ from the
average capacity of another. Just as IN
dividuals differ in their capacity Tor
self-restraint; but to assert toSal IN
capacity in any people is to deny a
fundamental doctrine namely, that
governments derive their just powers
from the consent Of the governed.
Constitutions are tribute to the IN
fall IF O
usually adopted by popular vote, ana
can only be changed by the consent OF
the people, and that, too. after tnere
has been time for a calm and thought
full consideration of the proposed
amendment They are protection, too.
against usurpation of power IL those
who are chosen by the people forget
their obligations or attempt to enlarge
upon their authority
x
The later constitutions are more easily
amendable than the earlier ones. The fed
eraI Constitution is possibly the farthest
out of date of our American constitu-
tons in that it requires two-thirds vote
of both houses to submit amendment
and its ratification by three-fourths OF
the states. This provision of the Con-
stitution, however, gives to the minority
such an indefensible advantage that the
Constitution is quite certain to be amend
ed so that it can be made more quickly
responsive to the wishes of the people
There is no good reason why the con
sentative forces of the nation should De
able to prevent change in the Constitu-
ton so long as they can controI more
than one-thrd of either body or more
than one-fourth of the states. The doc
trine that all people are capab or sell
government does not mean that there is
or can be absolute equality of inhuence
among those who vote. No Legislation
could if il would destroy the influence
which the intelligent, the virtuous an
the upright exert over their fellows nut
among individuals the Difference paid L
those of superior merit is voluntary
Difference.
There may be cases. however. where
distinctions are not only made by law, out
are justified Where, for instance, two
groups. of people are thrown together
and must Of necessity live under tn
same government. the question is not
whether the members of each group
are capa BILE of self-government but whic.
group should control the government I'M
der which both shall live? II the line
between the two is one distinctly marked.
so that bias or prejudice rather than
intelligence controls political action. those
who represent the superior civil Eat on
always have and always will exercise a
dominating influence; any other result
would be decadence rather than progress.
In that case the less advanced are them
selves better off under laws made by the
more advanced, for they have the adj
vantage of living under laws which the
more advanced make for themselves.
This, however. is a very different sys-
tenn from that which prevails in "a col
ony, for colonists live under laws WI 4
ten for them by peonle in another land
who are not themselves compelled to
obey them.
The theory upon which our govern
ment is found ed-namely, that it is an
in-issoluble union of indestructible states
lis applicable to any country however
large and to any people however nu-
merous. The subdivision of the govern
ment. into a number of units. each unit
Independent in its local affairs. has two
advantages: First, IL assures the maxi
mum of intelligence and interest among
those who decide the questions present
ed and. second. it relieves the central
government of congestion and thus per-
nits a more careful consideration OF the
questions which are national. 1t would
be impossible for the people of each COM
abuses in other communities as 10 be
able to act intelligently in proposing rem
edies, and they would lack. too. that
vital interest in the application of RENE
dies which is necessary to insure prompt
and effective action. No one can re d
the Increasing number of bills introduced
in Congress without recognizing how i'm
possible il would be to add to the work
of Congress the work OF forty eight state
legislatures.
The argument, therefore, in favor of a