which a single person governs by fixed and established laws. An aristocracy is formed when the supreme power is vested in the hands of a small number of the people, who constitute a nobility. A republic is that government in which the people, under certain restructions, are possessed of the supreme power; and a democracy is that in which the supreme power is possessed and exercised by the whole body of the people.* Montesquieu includes under the name of republic, the aristocratic, the republican, and the democratic forms of government.† The term republic includes, according to Brougham, aristocracies, in distinction from obligarchies; aristocracy being the government of the best or highest classes, that is, of those who are intrusted with authority, because deemed best qualified to use it. But this cannot refer to a permanent or hereditary aristocracy, which is composed of a certain number of citizens stationed above the mass, than which nothing can be more contrary to nature, and the secret propensities of the human heart.§ The clearest definition, however, is that given by our own Webster. He says a republic is a commonwealth; a state in which the exercise of the sovereign power is lodged in representatives elected by the people. In modern usage, it differs from a democracy, or democratic state, in which the people exercise the powers of sovereignty in person.' The government of the United States, is not, therefore, a democracy,** but a republic, in which the people exercise the supreme power; not directly, but by means of a president, a senate, and a house of representatives, who are all elective, and a judiciary body. The supreme power resides ultimately in the people, but it is exercised immediately by representatives chosen by the people, responsible to them, and limited in their official acts by the constitution. The government of the United States is, therefore, a pure republic, but it is not a democracy, since the people do not conduct its administration as in the ancient democracies, by meeting together en masse. Practically, it is a republican aristocracy, the government being conducted by a part of the people, elevated by themselves to the temporary dignity of office, and returning, when their term of office expires, to the common rank of ordinary citizens. It may, therefore, be as truly denominated an aristocracy, as a democracy. It is, in truth, neither. It is a compound of both-a new creation-a mixed government, combining the advantages of all others. But it least resembles a pure democracy, which, after all, is an Utopian dream, never yet realized, either in Greece or *See Montesquieu's Spirit of Laws, b. ii. chap 1. Ibid, chap. ii. Polit. Phil. p. 73. §Tocqueville, i. 456. **Tocqueville evidently uses democracy as synonymous with republic; but in defining terms they must be distinguished. Rome, or in any modern republic.† Such a government, we may safely say, could not exist. It was only while they practically carried out the principles of representation and delegated power, the ancient republics of Greece and Rome prospered. In all cases when the democracy, which is mobocracy, was triumphant, anarchy, bloodshed, civil war, defeat, and ruin, were the disastrous consequences.* Regular government was no longer regarded as a benefit, but as an evil, to be endured only up to that point which the majority, goaded on by the demagogue, believed to be necessary. A multitude not reduced to unity, by delegated power, is confusion, and invariably leads to that unity which is independent of the multitude, that is, to despotism.†† But great as is this latter evil, it is not so desperate as the other, since there is no tyranny so capricious, lawless, and cruel, as that of the mob. Nor can any one read the history of its doings in ancient times without devoutly praying, from such a government, good Lord, deliver us.§§ În the state of freedom, that is, in a republic, man is governed by the laws to which he has given his consent, either in person, or by his representatives; but in a pure democracy, he is governed by the unrestrained will of others. With republic on their tongues, the members of a pure democracy are despotical in practice, and approve their character to be, 'that fierce democracy.' That system of government is best, which secures the most perfect laws, the most beneficial administration of the laws made, and the most advantageous use of the resources of society for the great purposes of government and defence, and the promotion of the happiness of the whole community. But a republic does all this, since it gives security against abuse, against internal shocks, and against foreign aggression, by making the resources of society easily available.** What, then, are the essential principles of our republican form of government? In reply, we remark, that there are some principles essential to the system, and by which it is characterized, which may be called the primary, or fundamental laws of republicanism. Other principles, again, are equally essential, †Brougham's Polit. Phil. pp. 92, 93. Neither our state or confederate governments, can,' says the Hon. John Quincy Adams, 'without a gross and fraudulent perversion of language, be denominated a democracy.' Lect. at Providence, Nov. 1842, in Eddy's Christian Citizen, p. 14. Tocqueville, i. 157, 159-162, 165. Locke on Govt. ch. vii. § 89 and 94. *See this illustrated in Dr. Bisset's interesting work, 'Sketch of Democracy,' Lond. 1796. He does not, however, distinguish between democracy and republic. Also Dr. Vaughan's Congregationalism, Lond. 1842, p. 45, &c. Absolute equality led to all the horrors of the Anabaptists and of the Jacobins in France. Villers on Ref. p. 113. See also Locke on Govt. ch. vii. § 89, Wks. vol. ii. pp. 251. § 94. Paschal's Thoughts, Art. cxiv. p. 288. See its evils depicted by Tocqueville, i. 281, 286. **Brougham's Polit. Phil. p. 60. though not peculiar to it, more than than to any other well ordered community; which may be termed the secondary laws of republicanism. Among these, may be mentioned virtue, by which, as Montesquieu says, it is supported, education, intelligence, sobriety, and public spirit. Among the primary or fundamental laws, which characterize our American republic, may be named the following. The equality of conditions, is, according to De Tocqueville, the fundamental principle from which all our other institutions flow. By this is to be understood: 1. That all are by birth equally eligible to any office, for which they are deemed fit. 2. That the laws are made equally by all, acting through their representatives. 3. That none are elevated to any station in which they can act, or legislate, independently of the people. 4. That no artificial obstacles exist in the way of a man's becoming the richest, or most learned in the state, every man being at libertywith no other impediments, than such as the common obstacles of human nature, and the equal rights of his neighbor, imposeto strive after wealth, honor, and happiness. And, 5. That no hereditary ranks are recognized, so that any honor conferred on any man, by any office given by the people, though it elevates his rank, and may reflect honor on his posterity, cannot descend to them. Responsibility to the people, is, therefore, a fundamental principle of republicanism; a responsibility which gives the most insignificant contributor of his money towards any object, a right to examine into the manner in which it is disbursed.* The power of the people, claimed by them as derived from the laws of nature, and not as the gift of any earthly power, is, therefore, a foundation principle of republicanism.** 'While those bodies are in existence, to whom the people have delegated the powers of Igislation, they alone possess, and may exercise those powers. But, when they are dissolved, by the lopping off of one or more of their branches, the power reverts to the people, who may use it to an unlimited extent, either assembling together in person, sending deputies, or in any other way they may think proper.' †Tocqueville, i. Introd. p. 1. Algernon Sydney's Disc. on Govt. ch. 1, § 2, and ch. 2, § 31. Fol. Lond. 1751, third ed. Ibid, p. 7. *The great rule of all free institutions, that the people alone shall lay taxes a vital principle of all constitutional government-an essential guaranty of all safe public administration-has become involved, is at stake; that solemn canon of republican creeds-that high fundamental law-no, sir, not a law, the mere part of a code, or a constitution; it is itself a constitution for, give but that and a real constitution must follow; take it away, and there is an end of all practical freedom. Mr. Archer's Speech in Congress, Aug. 1, 1842. See Locke on Govt. ch. vii. § 94. Wks. vol. ii. p. 254. **Jefferson's Wks. vol. i. p. 113, 115. "The God who gave us life, gave us liberty at the same time,' p. 116. The right and duty of private judgment, liberty of conscience, liberty of opinion, and liberty of the press, are also among those fundamental maxims upon which all republicanism is, and must be, founded; and without which, it is a political heresy and cannot possibly be carried on.‡ It follows from these principles, that in our republic, every man is left to worship God according to the dictates of his own conscience; that the church is separated from the state; that all religions are equally protected by the state, while none are patronized; and that toleration is, therefore, a doctrine indignantly rejected, as implying a power to sit in judgment upon religious creeds, and practically to endure what is theoretically condemned.* It is, further, the very essence of republican government, that it lies ultimately, and absolutely, in the majority. Not that the minority are subject to their will, or that any majority remains, for any time, the same; the constitution throwing its ægis around the minority, and time changing it altogether.** It is also a fundamental principle of our free government, that every man, of what quality or condition soever, ought to be equally subject to the laws, and either obey them, or suffer the penalties ordained for the trangressors.§ The extension of the right of suffrage as far as possible, that is, as far as will consist with a due regard to the rights of property, and to the necessary qualification for citizenship; in short, the rights, privileges, and immunities of the laity, if we may so Tocqueville, i. 453, 466, and ii. 23, &c. *See Christ. Indep. of the Civil Govt. pp. 148-150. Upon this rock is built the fabric of religious liberty. Tocqueville, i. p. 275. **Mr. Preston followed, in an animated reply to Mr. Clay, opposing entirely his doctrine as to the veto power. The proposed abolition or modification of that power would, he argued, be an infraction of the compromises of the constitution. He disputed Mr. Clay's position, that this was a government of majorities alone. It was so framed as to protect minorities. Neither the house nor the senate represented majorities; the former represented local interests, and the latter was rather of an aristocratic character. The president alone represented majorities. He was the immediate representative of the people of the majority of the peoplehaving no regard whatever to national interests. He was allowed to have no national spirit-no spirit adverse to that of the body of the people, whom he represented. The object of the veto power was to protect this popular majority in their rights, as opposed to the local interests, or party interests, of congress. There was less danger from the executive, than any other department in the government: if there was any danger it was that it might become too democratic. There was no fear of its being aristocratic. Twelve vetoes had been exerted-two by Washington, four by Madison, one by Monroe, five by Jackson; and each veto was popular, and increased the strength of the executive. It was, after all, merely a conservative powerin force only for a short time, till the people could form and express their own opinions in the matter. Speech in the senate. See this frequently enforced by Locke on Government. speak, in contradistinction to all in authority;-this is a keystone in the republican arch.* Trial by jury is also, and for the same reasons, an eminently republican element in government; provided, however, the jurors are selected from and by the people.† Blackstone calls an 'aristocracy the most oppressive of absolute governments,' and he affirms that every new tribunal erected for the decision of facts, without the intervention of a jury, is a step toward establishing it.‡ Simplicity, and an opposition to all unnecessary forms and external observances, is another principle of republicanism. Nothing is more repugnant to it than a subjection to form;— nothing more distasteful than ceremonial observances.** 'One of the plainest doctrines of American republicanism is, that mere glory-giving titles, or titles of servility, are entirely opposed to its whole spirit. They are considered as one of those artificial means of king-craft, by which it fosters that aristocratic, unholy pride in the human heart, which loves to domineer over its fellow man, which loves artificial distinction of ranks, a privileged class, and, of course, which helps to sustain that whole system of regal and papal usurpation which has so long cursed mankind.' Our federal government is clothed with all the powers necessary to represent, and carry out, the interests of each state, and the conduct of those affairs which cannot be administered by the states separately, inasmuch as they regard the united interests of all; and also to preserve peace among the various states. **Suffrage,' says a writer in the Charleston Courier, 'ought to be as general as it can be possibly made, without injury to society, and without defeating its own ends, and the very rights it was intended to secure. Universal suffrage is not now recognized in practice, by our general, or any of our state governments. Existing restrictions, extend throughout all of them to non-residents, females, minors, paupers, and privates, and non-commissioned officers in the army of the United States; in many of them to slaves and free persons of color; in nearly all of them to unnaturalized foreigners; and in several, a property, or tax, or registry qualification is required. The problem of suffrage is one of difficult solution; but it demands the attention of the American statesmen. It should certainly be extended, if possible, .to every citizen, whether rich or poor, who is worthy to exercise it; but some mode should be devised, to exclude those from this high privilege of republicanism, who basely barter it for gold, and thus corruptly hold up the high offices of the land to the highest bidder; and we should not be deterred from adopting some efficient general rule, promotive of the purity of elections, although it should work individual hardship in a few instances. Universality of suffrage only mocks the people with the shadow of power and really confers the substance on the wealthy aristocrat or the artful demagogue. The best friends of republican government, and American freedom, are those who would devise some means of so regulating the right of suffrage, as would purge it of its impurities, and disorders, and secure political ascendency to the unbought voice of the people.' Universal suffrage did not prevail even in the ancient democracies. Kent's Commentaries, vol. i. p. 232. Tocqueville, i. pp. 308-311, 314. Comment. b. iii. vol. ii. p. 295. **Tocqueville, vol. ii. pp. 3, 25, 26. |