The nature of the constitution and the dependence of the minority thereon and hence the necessity for an independent judiciary discussed and illustrated. A constitution is little less than a firm and binding contract between the majority and the minority, entered into for the sole protection of the minority, with regularly constituted courts to enforce its provisions. The Supreme Court of the United States, from which every root of the Judiciary Department—one of the three coordinate branches of government—derives its vitality, is our only continuing and unchanging bulwark of liberty. The executive branch, from President down through all the departments, State, Treasury, War and Navy, is liable to radical change on the fourth day of March every four years. Either house and both houses of Congress frequently change in partisan complexion at a single election. The Supreme Court, the members of which hold Unless the people undermine their liberties by “effecting in the forms of the Constitution alterations which will impair the energy of the system,” which Washington warned against, or unless some executive corrupts the personnel of the Supreme Court by filling vacancies with socialists, or other revolutionary elements, Anglican liberty, the hope of the world, is secured in America against everything except bolshevism. With respect to the courts, Washington’s famous order is pertinent: “Place none but Americans on guard tonight.” WHO IS AN AMERICAN? Who is an American, worthy to be placed on guard tonight? Is he American born? He may be, and he may have been born beneath any flag and under any sky. An American is one who believes in and is ready to defend this republic. To be ready to defend our territory, or even our flag, is not enough. Though we continue our socialistic bent and either undermine or overthrow our form of government through peaceful evolution or forceful revolution, with sword or by ballot, the land will remain. The rains will water it, the sun warm America is more than fertile fields, more than bursting banks, more than waving flags. The America in which one must believe, and for which he must sacrifice, is constitutional liberty and justice according to law, guaranteed and administered by three coordinate branches of government. Just in proportion as we weaken the energy of the system through changes in the Constitution—which Washington so earnestly warned against—we undermine what thus far no one has succeeded in overthrowing. I repeat, three coordinate branches of government with no subordinate branch! In the America which the world knows, and which we love, laws must be enacted by the legislative branch, and not by the executive or by the proletariat. Laws must be interpreted by an independent judiciary, fearless and unrecallable except by impeachment. And these laws, whose scope is limited by the Constitution, must be administered by the executive and not by the legislative branch. Congress has no more right to direct the manner of execution of its acts than the president has to direct or coerce the nature of its acts. Let each coordinate branch keep AN ACTUAL MENACE On February 3, 1919, an editorial writer who has testified that he has six million or more readers, quoted Samuel Gompers, president of the American Federation of Labor, as saying: “I mean that the people propose to control their government and do not intend any longer to have the governing power exercised by judges on the bench.” And the editor correctly adds: “This is as near to an American revolutionary statement as has ever come from a man as important officially as Mr. Gompers.” Thus the issue is sharply drawn. This organization, if its president has been correctly quoted, intends to abolish one of our coordinate branches of government, to-wit, the courts. What have the courts done to justify such a radical change in our form of government? When the government was organized the Fathers thought wise to make express provision that no class should ever become the special favorite of Thus they follow Rousseau and Robespierre. The former declared, “The general will, the public will, is always right.” The latter said, “The people is infallible.” A case that well illustrates this “popular infallibility” as taught by Rousseau and Robespierre, as well as by their present day disciples, occurred in a certain county in Iowa, not fifty miles from my home. A person charged with second degree murder sought his constitutional right of a fair and impartial trial. He made application for a change of venue, alleging that his If you want the opposite view of “popular infallibility,” so you may the better determine for yourself, listen to Colonel Henry Watterson, a democrat of the old school and an American always, in the Brooklyn Eagle of February 1, 1919: “The people,” says Colonel Watterson, “en masse constitute what we call the mob. Mobs have rarely been right—never, except when capably led. It was the mob of Jerusalem that did the unoffending Jesus of Nazareth to death. OFFICIAL TIMIDITY AND ITS EFFECTS In some, perhaps most of the states, candidates for either House of Congress, knowing in advance that if, by investigation and by listening to arguments pro and con, they arrive at conclusions based on knowledge that differ from the impressions of their constituents based on prejudice, they will never be returned, make more or less formal announcement that, if elected, they will study no question but, when ready to vote, will inquire of those who have had neither opportunity While the bill was pending to declare war against Germany, I called upon a Congressman who, without question, is the ablest man from his state. He had written to lawyers, bankers, farmers and labor men in his district, asking how he should vote on that momentous question. He handed me a package of replies he had received. I returned them and asked: “Do you agree with the President that Germany is already making war upon the United States?” “Yes,” he replied, “she has waged war against us for more than two years.” “Do you think your constituents know better than you what should be done?” His up-to-date reply was: “My constituents know nothing whatever about it, but I want to be re-elected.” But not every congressman is that subservient. A certain well-known representative of a strongly German district in Ohio explained his “If I were to permit any solicitude for my political future to govern my action, I might hesitate, but, gentlemen of the House, the only interest to which I give heed tonight is the interest of the American people; the only future to which I look is the future of my country.” A few years ago a bill was pending to revise the tariff and a member of Congress from a certain industrial district arose and informed the House that he had written to several labor men in his district and asked them how he should vote and that he had received a telegram saying, “Vote for the bill.” He obeyed. This member did not profess to vote his convictions. In fact, he did not claim to be troubled with convictions. And I submit that if a man is to vote the sentiment of his district, rather than his judgment, it is foolish to waste the time of men of judgment by sending them to Congress. It would be more appropriate and in far better taste to send men who have nothing else to do. A thousand dollars a year ought to be enough for a man who bears no responsibility except to listen well, especially if he be of a caliber willing to act as a “rubber stamp” for the people at home. Right here I want to venture an opinion, asking Bolshevism would be crushed and the red flag of anarchy would be no longer flaunted in the face of Freedom, were it not for this timidity inspired by those who insist that their representatives shall have no discretion and no responsibility except as clerks for an irresponsible populace. This is the doctrine taught in Rousseau’s “Social Contract,” which Robespierre read every day and which furnished the inspiration for the French Revolution. His scheme was “pure democracy, unchecked, unlimited and undefiled by political leadership or political organization.” Marat declared: “In a well regulated government the people as a body is the real sovereign; their deputies are appointed solely to execute their orders. What right has the clay to oppose the potter?” Again, he says: “It is a sacred right of constituents to dismiss their This spirit of “pure democracy” which Washington, with prophetic eye, saw and warned against, wrought its natural and legitimate ruin in France, is responsible for conditions now existing in Russia and affords the greatest menace to civilization that the world has ever seen. I do not consider Washington a pessimist when, near the close of his “Farewell Address” with heart full of apprehension, he uttered these words: “In offering to you, my countrymen, these counsels of an old and affectionate friend, I dare not hope they will make the strong and lasting impression I could wish; that they will control the usual current of the passions, or prevent our nation from running the course which hitherto has marked the destiny of nations.” Someone has declared life to be “one succession of choices.” The choice presented today is: Heed the warnings and return to the teachings of Washington; or go with Rousseau and Robespierre and enter the port towards which we are unmistakably headed—the port where DANGERS FROM CHANGES IN OUR PURPOSE OF GOVERNMENT |