Year: 1872




exact Justice. This is the great princi-
pie of the Declaration of Independence.
This is the lesson of this day, if the
recurrence of the anniversary brings
with it any lesson.


But if governments ought to he thus
limited they are not. The wisdom of
the multitude is seldom greater than
the wisdom of the wisest man i'll that
multitude, and if government by the
multitude, or democratic government,
is better than the government of one.
or of a few, il iS because i'll the former
the selfishness of the individual is re
sisted and restrained by an equal selfish
hess and an equal opportunity to eX-
ercise it, in every other individual. The
natural tendency of any government is
toward usurpation. Individuals, when
organized into Il political society. and
making and administering laws by per
sons selected from themselves, are not
made over into new beings. They are
like other men. Government is to them
machine. and they much less fire.
quently consider what they may right
fully do with it. than what can possibly
he done with it, The old saving 1.-THE
world is governed too much," is gener-
ally accepted as Il truth, just as we ac
cept AS true the confession that we are
all miserable sinners, vet the eXcesSes
of government, like the excesses of in
dividuals. are repeated every day. And
republican governments or democratic
governments are not free from these
excesses. The old idea that the king
can do no wrong is scarcely more dan
gcrouslv fatal to liberty than the popu
lar notion that the majority can do no
wrong. The majority has no more
natural right to have its will law, than
the king has. Natural right is older
than kings. and older than maiorities
and ought to be stronger than either or
both. The decision of the majority
settles no rights. however it may be
decisive as to the persons who may
WELD the powers of government. We
recognize this when we place the limit
alton of Il constitution upon the malorl-
ty.-that is. when We limit ourselves. -
although these constitutions are only
imperfect efforts to express Our idea
that governments may not do anything
and everything. We say in our organic
laws that speech will he free. the press
shall hc free. religion shall he free. man
shall he free. but these except the last


are only partial assertions of man ;
freedom even against the majority.
But what need of even these limitations
except as Il recognition of the fact that
no government can safely hc trusted to
respect these rights And if govern
mcnt will not respect these rights. what
assurance have We that il will respect
any rights. except as We forbid it to
interfere with any rights. and continc
it strictly To its function of protecting
every person in the enjoyment of natu-
raj rights


But government undertakes to do IL
great deal more than this. To some
extent its whole functions and office are
changed from this simple, view of its
powers and duties. 1t has become n
great machine for the purpose of doing
nearly everything. 1t assumes t" legis-
late for the advancement of what is
vaguely called general welfare. and
once started i'll this limitless career it
has ample room and verge enough. As
an illustration OF its work i'll this dircc-
tion. it carries the mails power. to
he sure. specifically granted i'll the con
>titutiou, but not therefore either right
or eNpedicnt Vet there Is no more
reason why il should do this than there
is for governmental control of the tcle-
graph or railroads. 1t might with as
much ScnSc become an express agent
and deliver parcels throughout the wide
extent of the country: indeed every
argument in favor of the work II now
does. Is also an argument Ill favor of
its engaging i'll the general business of
conducting the exchanges of the pee
pie.


1t does Il hundred other things. which
under the constitution. il possibly has
the power to do. hut which cannot be
justified upon any theory of IL govern
mcmt based upon the equal rights of
man. And in National Us well as State
Governments the tendency Is as il al
WAYS Is with mOnarchlcs or individuals


To draw power to itself. to do things
to-day which yesterday no one thought
of doing. until. although Il time of pro-
found peace. il has been seriously pro-
posed to suspend the privilege of the
writ of hdbedS corpus. thus leaving the
personal liberty of the citizens not only
at the mercy of those for the time being
in authority. but at the mercy of one
man. The rankcst deSpotiSm could do
no more than this and it would do it.
if at all. under the same plea that it was
necessary for the public good.


The end of this absorption of power
in government when that government
is democratic in form is the French
Commune, the MterndHOndle- in which
the State is everything and the indi
vidual nothing. 1t is not an attempt
to defend every person i'll the enjoy
ment of his rights, but an effort. through
some imaginary superior wisdom Ill the
State. to distribute benefits more equal
ly. 1t is the community principle. an
equality of rights by taking away all
rights; and while it processes to be
unselfiSh. it is the most selfish phase of
human nature. by which nobody profits
except the idle and thrittless IL part
nership in which the brains and energy
of the working man are expected to he
employed for the equal benefit of him
self and of his indolent and ignorant
neighbor.


There is such thing possible as II
tolerably fair and honest recognition of
equal rights by government-and one
like ours professedly based upon that
affirmation ought to recognize the limit
ations of its fundamental principle.


Every subsidy of whatever nature is
uniustitiahle. The plea usually urged
that these special favors are warranted,
because they result III the general good,
is only the argument 10y which all dis
regard of rights is commonly justified.
If true it is only an assertion that the
end justities the means. and would
equally answer as Il plea for any usurpa
ton. Congress at its last session, voted
a subsidy of five millions of dollars to