Milford chronicle., 1937-10-15

]
and Its end is the good of the gov
erned not as a group but as individ-
uals composite of the group.
Since the will of the group is the
sanction and justification of govern
ment. there can be no government
without sovereignty, as the ultimate
source Of Its power; or without a
sovereign, as the legal custodian OF
that power. The sovereignty OF gov
ernment is constant, for it is always
public opinion. however 1t may
change, that finally is the supreme
force and dominant power of the
government.
The sovereign, however, is varf-
able, and its nature determines the
form of government. A supine public
opinion may tolerate the rule Of a
good or bad man; or that of few
men, either good or bad; or IL may
submit to the power Of the best; or
the opinion Of all may determine to
govern all But the government OF
all can be made articulate only
through their representatives, for in
dividual expression is confusion and
anarchy.
The individual or body that is the
legal repository of sovereign power
makes, modifies or repeals law; but
the source of that power and the ul-
innate force behind 1t is the sover-
eighty of the public opinion of the
government expressed by and
through their chosen representa-
tives.
1t is obvious then that form OF
government Is best wherein the legal
sovereign Is most responsive to and
representative of its sovereignty; In
short, where the custodian of gov
ernmental power transmutes most
effectively into law, the will OF the
source of that power. A people can
rule only when its will prevails un-
der a form of government which Is
both representative and democratic.
Uncounted centuries passed before
man evolved this good machine for
his government, and he has not yet
solved the proper sphere of its ac-
tion. But since the adoption OF rep
resentative democracy as best for
the goveraRee Of western peoples, no
thinker or leader, until yesterday,
has avowed as remedial of economic
or political ills, that government
shall become the more pure demo-
cIacy and the less representative OF
the popular will-more the mere tool
of periodic direct ratification or re-
lection of an executive plan than the
continuous expression of the sover-
eighty of the people functioning
through their legislative, executive |
and judicial representatives.
Civilization moves to higher levels \
because of the forward steps OF cour- /
ageous individuals and this Is the
contribution Of Athenian liberty. The
group clings to the old traditions
and customs and thus is conserved
order, and this is the gift of Rome TO
civilization. The individual Is the
spirit of change, the group expresses
the principle of permanence. lndiV-
idual liberty and group order are
complementary since the latter can
not be maintained without limiting
the former, or the former exercised
without disturbing the latter.
Rome, dominated by her concep-
tion of order, first unified into the
republic the kindred tribes OF Italy
and then consolidated into empire
the countries beyond her borders
which her sword of the republic had
conquered. Where her standards
were raised there was settled Roman
order instead of tribal discord; there
was PLANTED Roman law with its GER
tain and universal principles OF the
right, in place of the arbitrary Will
of individual justice tempered by d.
yergent customs; and there was dif-
fused the combined culture OF Greece
and Rome which nurtured a new
of relations among men
and a new duty imposed on man.
The Roman was the first to realize
the duty of himself to keep the order
of the group, in contrast. to order
imposed from above on people who I
never realized their interest in the |
order maintained.
The power of the Roman political ]
structure was crumbling into Its tri- {
bal dust when Christianity slowly
was changing mems relations by
giving to them new eyes, ears and
hearts throbbing with the vital blood q
Of a new spiritual life. Christianity
gave to Medieval Europe the con- 7
.ept of the equality of all the tribes {
hat originally had made Rome 7
;reat. Century had followed century;
he Christian had succeeded the G
Stoic; Paul had converted the teach I
ngs and transformed the life OF e
Iesus into a religion. which now en- O
eloped the civilized world and DOM r
Dated its learning and life; but a
'aesar still ruled the individual. o
II was the Renaissance that gave d
he conception of a separate group r
{ men developing in a distinctive Il
ational way; the printing press diff e
used a knowledge OF Grecian cul- n
lre and Roman law generally II
Europe and finally ex- n
ressed itself in public opinion Il
'bich supported the cause OF the a
ings and finally gave to independent n
linds their conception Of the sover- e,
Ignty of the state as a distinct en-
ty, and of the people as the sover- u
Ign power back of the state. 1t is A
,is concept of sovereignty which b
he Renaissance gave to the science II
government. 1t is this nationalism ps