1
t- .
Mr. SPEAKER WALLACE,
OX TUB FRE8 VOTB,
In the fteaste, March SS, 18T1.
Mr. Wallao (speaker). Mr. Speak
r. I have ii apology to offer lo tlio
ji niito f"r iiri-ing In speuk lo niylii,
' ivc tin) gravity of the subject under
jf ,n,ideralion in Its relation to our
V.rrerrimontul structure arid its pros,
jnl importune, in view, of the probu
l.lo calling o( a Convention to revise
.'ti Constitution of tlie Sluto at an
'rc.iily day. This question of the rep
(resentation of minorities throa"h tlio
preferential system and (hut 'of the
-iiinulalivo or free Toto ling engaged
t!io ulU'ntion and secured the appro
H il in ono ("rm or tlio other of many
the most learned theorists, stales-
m ;i mikI annular of this generation.
,ri lent among Iheso in the eloquent
tmul logical Senator from Columbia
if Mr. lliickulew, who has drafted and
ai Ivoontos tlio now under consido
iaaifen. Thin doctrine has been on
mi icd- and applied within ei reum
in-rihrd localities, both So England and
this I'Diititry, und one of the lurgest
"if-'tutes of the Union low implanted it
'in her ( diminution to n moderate ex
Juiil, hy a decided vote of her people
ai a recent ciocuon. nence, 1 am not
jhin mindful of the precedent und of the
k- U. :m:T, intellect and enerirv that
i.r thrown into tba aeale io lavor of
phe prnpoiiiiioii, nor do I full jo reefijj
'i.iio tlio fact that, upon iu iircoiita-
Itiiiu, it coiniuonda haelf to that inhe
rent sciihe ol jimlice that finds its
place in the mind of each of us
"V lien called to act ilnrins tliin geshinn.
J have already cast my vote for it
application to all elections for acliool
directors within tho Commonweal;',,,
and I am willinr; n test the working
ol the theory Mill further ly enacting
tlm till now beforo u, inasmuch as
ilie election arc purely local, and it is
wiser to leurn in the achool of exneri-
cnes wlictlier tlio view I now enter-
tain aro well grounded or fallacious.
The adriK-ates of the measure coin
men J their scheme to popular favor
hy the discretion with Which they
present it and tho thoughtful delibera
tion they concede to the public for its
examination. They '-mako baste
loly," cither conscious of tho ulli
mato triumph of their causo, by rea
son of it eminent propriety, or con
tent to abide the action of the people
in flying front the ill they have to
those they know not of. Meanwhile
they occupy tlio avenue to tho public
mind, und tho rostrum, the press und
und the practical test through alatu
tory (onus are made use of with fair
ness, but with ureal power, login and
skill. Tho discussion upon thin bill,
its avowed pnrposo of fumiliarizinr
the public mind with the detail of tho
i-yMein, und its ulleed value as a
measure of reform, give the subject a
much w ider range than is found in tho
provision of the bill itself, and these
l.iels, and the importance of tho idea
in its application to the theoretical
basis and practical working of our
government, have compelled ino to
examine the proposed system in the
light of it justice, of it effect upon
our institutions, and of its practical
workings.
Tho tree voto (which is tho systom
embodied in this bill), as defined by its
advocates, consists in allowing the
voter to distribute his votes among
candidates as he aball think fit, or to
concentrate them upon one candidate;
or, In other words, if there bo fix per
sons to be clcctod, tho voter may give
six vo'.cs to one, or ono voto to six, or
three votes lo tw o, or two vote to
three, or lour voles lo one and two to
another, or otherwise combira or cast
them as he may prefer. It will be
teen, therefore, thai any number over
one sixth of tho electors of a given
district, concentrating (or plumping
ns ll is called) their vole upon ono
candidate can elect him, and thus se
cure representation of their specific
idea in the b-sly to which ho is elect
el. Practically applied under this
bill to a borough containing six hun
dred electors, one hundred and one
thereof can choose a member of the
council.
This seemsjnst ; it accords with our
sense of right, and apparently harmo
nizes with the truo theory of a repre
sentative government, insomuch as it
given to a larger proportion of the
people, than under the existing rule,
representation in their law making
assemblies, A pure Democracy ia that
in which tho pcoplo meet, and by
their own voice enaul law and select
ruler, and as this is impracticable,
that schemo for representation that
"w ill give the nearest approach to the
jiure idea seems the just one. In such
a government as ours all are equal,
und the actual representation of every
person is the genuine Binndurd. lint
it U not to bo forgotten that even in
a pure Democracy majorities rule,
nor that in a representative body
elected by the whole constituency, the
majority rule must still prevail. If
we go to the basis of the doctrine, too,
we find no inherent riihl io nnv one
to cast six vylcs in an uRsembly of ihc
people. or ia thero any abstract
principle that will compel ono man to
Jorcgo hi right to vote for six per
ons, in order to outvote the support
er ol a dangerous candidsie. W hilsl
it is to he admitted that tho broad
principle of actual pernonul represen
tation for all is a just idea, and thai
the schomo proposed tends In the
right direction, when conidered in
the abstract, yet the pumuit of tho
lidca to it logic conclusion require us
lo elect all our member of Congress,
Senator and legislator upon a gene
ral ticket ; for if it be right that the
minority in a six constituency district
shall have representation, it is equally
just that any minority in the wbole
Slate equal to the ratio necessary for
a member shall in liao manner be
represented, indeed, tho principle
deduced to its inevitable conclusion is,
4hat tho minority is one, and the Stale
is only perfect when his representa
tion is accomplished and hi right
protected and vindicated. The cqual-
!. i . i i . I - r . i . . ..
Iiy Ol M miu ino jivnci-fc rrjiirnviiw
tion of the whole people combined the
highest idea of representative govern
menu Such an organisation would
be tho embodiment ot the intelligre,
tho sovoreignty, the equalitv ind the
freedom of the people. N'o law can
make It, no earthly power ordain it.
It cannot bo hustei.cd aavo by thai
policy which til the people themselves jihey become sharply defined, and the
for its existence, for "man's institn I people are a competent lo settle them
lion are the reflex of Lis own attain-1 by voting for or sgainsl them, as em
moult." VV hen such a government Is ' bodied in the respectiverandidates, a
obtained it will leave no trace or ve- they ro to vole for the individual.
tig of our present institutions, and
our written frames of rovernmenL
ano our nicety adjusted system ol , lor the election 01 six menihers. Hive pnnnpira in aumnusiranon in oppu
checks and balances, will have van-! the Ileinocral a majority of one -third ' sition to other, and who act in uni
ished like "the baseless fabric ofa vi-! therein, and ubniit the inirle issue son for their snpport." lib been
, .. .,
ion" Tbo perfection of government ! of lite repeal of the bill anthorleing . well said thnt "freedom of thought i vide in a Ifemorratie society a v'"' or enact ng reform. 1 heir const it u
tannnt be attained In communities ! the use of troops at elections to the , and anion produces contention in nil support, a roi'nf J annul for individual . lion is plastic, lo be moulded by l'ar-
like our. W mast combine tk i-
T1T 71 A "IThTTlTTiTnr tt fSh -h- -h-i-tt ; .
i ar i mm mm i i m k w at i -a . n . . . , a t w -it' , m am a v am s mm mm, r m m m arm
vi i ii ii i ii ii v. in ii if ii ii 1 ' ' v'.-'!- i.if.r'ni' c ui ii u i ii ev u i ii mm i.i m ri i ;v i i. i
GOODLANDEB & HAGEKTY, Publishors. " . f "B7r;"7:: ": ; 1 ,
VOL. 41-WHOLE N(U21i
podiont wiih the right, and as pructi
cal men, determine whether we shall
incur tho hnr.ard of losing that which
o possess iu the 81i ul';Io for a great
er food.
Tho rule of the majority is a rocog
nized rule of our governmental policy,
from tho township lo the Republic.
il is io oe cnangea ana sunrerled by
the new system. All of our inslitu-
lions have been framed on tho basis
of the law of the greater part, and the
wisdom of a change in so vital a mut
ter, w ithout perfect knowlcdgo of its
value- may well be doubted. This
rule ia found w ritten in no Constitu
tion or Irnmo of government.. Jt in a
component pari ol every society, and
ia coevul with the first form of rep
resentative government. When we
seek lo trueu its hiutory veu find il
hoary with antiquity, and recognized
und obeyed iu all ages, l'aley grounds
government on the doctrine that the
resolution of the society is mudo the
act of the individual by molting out
with Iho proposition that the uncon
strained consent of all Is given to bo
bound by the decision of iho minority.
Most oilier writers upon iho theorv
of government base tho rule upon the
consent of the minority deduced in
ono form or another from the action
of the majority as the act of the Stute,
t,cl it come Irom where it will, or de
duce it by coercion, consont or reason,
Irom w hatever premise wo may as
stimc, no one doubts its existence, and
alt submit lo it authority. Mr. Jet
feraoti, in his letter to Baron Hum
boldt, under dato of June 13, 1m7
most aptly states the rulo thus :
"The firut" principle of Republican
ism is that tue Ux majaris part it is
the fundamental law of every sooiolj'
of individuals of equal rights; to con
sidor tho will of the society enounced
by the majority of a single vote bh
sacred as if unanimous, Is the first of
all lessons in importance, yet tho lust
which is thoroughly learned."
"Tho American Revolution was
brought about by a triumphant majo
rity ngainsl tho wishes and resistance
of a formidable minority, and although
tho Declaration of Independence buses
government upon the consent of the
governed, it is as well established as
uny other historical faot that il hud
not the universal assent of the inhabi
tants of the colonics. Tho dissent of
tho minority was deemed a crime, und
in many cases carried with it contis
cation and pergonal punishment, und
to this duy thul dissent is held to have
been a disregard of the duty of patri
otism, and a fetigma upon ihoto dis
senting." Judgo Story succinctly declares the
law of this subject thus :
Tho trulll in liial tlio mnjoritt. nf
every orgunized society has always
claimed and exercised tho right to
govern the whole of that society in the
manner pointed out hy the fundamen
tal laws which have from time to time
existed in such society. Every rcvo
lulion, at least w hen not produced by
positive forco, has been founded upon
the authority of such majority. And
the right results from tho very neces
silies ol our nature, lor universal con
sent can never bo practically required
or obtained. The minority arc bound,
whether they havo assented or not;
for the plain reason that opposite
wills, in the same society, on the same
subjects, cannot prevail at the same
lime, and a society is instituted for
tho general safety und happiness, in a
conflict of opinion tho majority must
havo a right to accomplish that object
by the means which they deem ade
quate for the end."
This rulo of our political society
has been of the very essence of our
development and progress. The great
results we have attained have been
worked out by the will and jiowcr of
tho majority assuming lo itself the
name ni d the consequent responsibili
ty of the Stato. The robust vigor of
the republic, its energy und its vitality,
uru tho legilimalo fruits of power, ex
erciscd bv a majority, in the name of
tho whole, and by the consent and ac
quiescence of tho minority. The au
thority of the people must have deci
ded and distinct expression. It can
only bo through the representative
body, and there must be strength and
energy of purpose there. Tho very
nulure of the thing, and our experi
ence teaches us Unit this can out
come through the political majority,
wielding the powcrof the State. Any
other form may bring dungcr, and
possibly pnralysis, at tho decisive
moment. Under the present rule,
when well defined issues arc presented
in a canvass, '.ho people at the polls
hy their own action definitely scllle
thum, und their representatives have
but to meet and register their will,
whilst under tho proposed system
those questions are still unsettled ;
men are elected w ho represent both
sides of iho issue from the same locality,
and the subject matter ia remitted to
the representative body, here it must
still bo soltled by lie majority rule.
Is it not wiser to accept tho result the
people give, and continue lo recognize
their capacity to govern themselves?
Thst concentration ot lorce which ro
suit from the recognition of the now
croflhe majority will be lost sight of,
and the magnificent vpcclnclo ot an
entire nation wrought to the highest
point of political agitation, acquies
cing instantaneously und with dignity
in the decision of tho majority, w;Vi ,P
merged in the reports of rcpresun
tnlivo
way, in hunting atlcndance
ujon their sessions, or in tho listless
a.lcn',on consequent npon tho lack ol
'.'odtvidun! interest in tho contest.
Under a government possessed ol
written Constitution, the questions in
regard to ii adpiinistration, vitally
Heeling tho people, are necessarily
few, and at our periodical changes
' Let u apply the principle of this
! hill to a Congressional district, crested
! . .. . . t-,t
people at the
the election for Congreas -
. i f ' ,
men ; four Democrats will be elected
and iwo 'Republicans, and tho ques
tion itself is unsettled, and tho minori
ty po io ion gross to act as a protest
t;uiiiBi, mo views ot tho majority.
Under the present system it is defi
nitely sotlled so far as the eonstitucn-
cy oi uiornj six uougressmen can act
lie it, yet so far us Iheso men tiro
concernod, the same praclicul result is
reached, for four always out-volo two.
If. tlio people uro allowed lo settlo
it primarily, perfect ncquieseeno fol
lows. Can wo be assured of tho samo
result under tho new system f Any
result is bettor than no ichuIi, und the
decisive action of tho pcoplo at tho
polls is infinitely better than the in
ell'ectual movement that remits tho ul
timate decision to another und inferior
tribunal., In which corruption can use
it power with destruolivo effect.
What do we gain by il? Nothing
nut prolonged debate and continued
struggle in the Representative body,
unless it is proposed to compromise
upon the basis of four to two. Wo
lose that moral influence and indencn
dent action thut flow from the recog
nition ot tho authority of tho majon
ty, and wo gain iiidecituon in action
and division in council. Wo negative
the print iplo that tho interests of the
mutiy are to bo preferred lo thoso of
ino lew. v o patalizo tho energies of
mat ever restless, watchful and per
sistent minority, whose earnest hope
il is to become the majority, and con
vert it ir.to an inert, stolid body,
wnoso very position until it lor ac
tive leadership and energcliu move
ment, und by dividing it into classes,
cliques and sects, destroy Ihe unity of
il opposition. This will inevitably
follow, for when the system shall have
been fully initiated, wo will naturally
gravitate toward largo districts in
wdiieh tho principle has fuller play.
Mr. Hare, who may bo culled the
father of the idea, now advocates the
preferential system, and proposes to
elect tho cntiro representation in pur
lianicnl upon a generul ticket, in a
siuglo district. His proposition is in
effect this: If thero bo six hundred
and fifty-eight thousand persons en
titled to voto for members of pal lia
ment, and thero bo six hundred and
lilty cight to elect, ono thousand
voles chooso a member. Tho voter
may put upon his ticket as many
names as lie pleuses ; the first named
is deemed his first choice ; tho second
his second choice, etc. If number one
have ono thousand votes, without the
vote ol A, Ins voto is counted for
number two, and thus down the list
in the order of preference of Iho voter,
until tho whole six hundred mid fifty
eight have each received tho quota of
one llionsand votes from tho wholo
boil- of Ihe votes cast. Tins compli
cated and widely diffused system is
Iho legitimate deduction ol Jlr. llaro s
theories, which uro presented with
forco and logic.
Ono of the dangers to Io feared is
that if we shall apply it to the clue
lion of Congressmen, Senators and
legislators in hirgo districts, that ear
nest watchfulness, resulting from an
organized opposition, without which
wo cannot expect tnlclily in the ad
ministration of tlio government, will
no longer exist. Look at it practical
ly, i pon a ratio of 140,0U'J popula
tion, Pennsylvania will be entitled to
twenty fivo members of Congress.
This is equal lo uboul 3a,0'00 taxables
for each member, and any party clique
or sect that can command that num
ber of votes can obtain a member. In
such a condition of things, how many
members ot Congress would we have-
elected from this Stato upon spo
cific issues entirely distinct from
questions growing out of tho general
theory of governmental administra
tion f Must not the most prejudiced
mind admit that niuny would be
elected upon purely sectarian grounds?
Would not the votanes ot tho rival
sects bo most earnest iu their clfoi l to
obtain representation, for purpose
that are probably commendablo in
themselves, yet necessarily antagonis
tic to the well-being and harmonious
working of our former government ?
I can conceive of nothing better
calculated to arouse sectarian bitter
ness and engender religious stiifo
than an opportunity such a would be
afforded by this system to subordiuato
all other idea lo the single one of
power, lor tho purpose or an idolized
Christian organization. Tho repre
sentative elected under such circum
stances would be the possessor of a
single idea, and everything would be
compelled to yield to tho advancement
thereof. Liko beget like, und year
hy year more and more of tho people
would be drawn into tho vortex
created by tho most intense passion
that humanity is possessed of. and
parly issues and governmental doc
trine would speedily bo lost sight of
in the absorbing struggle between
religion theories. The samo results
to a smaller extent would follow from
any other special interest obtaining
representation upon subjects, and with
idous entirely distinct from the legili
mate puriiose of government : end
these, neglectful of all else, would
combine wilh others only for the
advancement of Ihcir ow n ., eject. In
such combinalions is would inevitably
follow, the interest of tho public
would j the last objects protected.
In this condition of affairs an orga
nized opposition, or a minority party
based upon leading doe n ines of gov
ennrnl and administration, cannot ex
ist, and one of our most valuable safe
guards will bo gone. It is a necessity
in the State and government that po
litical parlies based upon broad, com
prehensive political tbeoriesshonld ex
ist, and not only inconvenience but
danger will follow from Iho non ex
istence of a Well organized and collated
opposition, or from the cxistenco of
lesser parlies based upon special, sec
tsriau or local idea, and often In a
position to coerce obedience to their
.tiiinnnil-i I If .. . 1 1 s I. 1 1 . M flm np.
! ties I mean an "organized body of
! men who agree on certain feeding
I : i
1 spheres, and where great task aro lo
-CLEARFIELD, PA., WEDNESDAY, APRIL 19, 1871.
no poriormeo: and when important in-
torests aro at stake, thoso who ngrto
on the most important principles will
unite, and must do so in order lo lie
siilllciontly strong to do their work.-f-Wituout
party administration and
party action, it is impossible that tte
majority tdioulj rule or that a vigor
on opposition can riso to a majority
and rule in turn. Liberty requires a
parliamentary government, -and no
truly parliamentary trovornmuiiL can
bo conceived ol wilhout the principle
ot party administration. It became
fully developed under Sir Robert Wa -J
pole. Under ihe previous governments
mixed cabinets of whigs and torna
woro common, when court intrigues who supnort them from tho causes of
and individual royaNik intra and disA.f.b.nn. Mlmv mentioned. '1 Ii AT AMI
likes hud necessarily olieu a (creator
c fleet than national views and inter
ests to which it is Iho object of party
administration to give the s'.ray." It
may bo said H ut partisan rancor has
swept awuy tho Value of parly orgun
izulion, nuil that their destruction
will be a benefit. I do not think so.
Many evils necessarily result funi
them as administered -in our country,
hut they are vitally necessary for a
much greater good. They uro essen
tial to civil liberty, and thuir destruc
tion would speedily result in the down
full of republican institutions. One is
ever the watch upon tho actions of
iho oilier. Tho "outs" jealously
guard tho pooplo from tho misdoedsj
ot tho " ius, und even tho slightest,
deviation from tho truo interests ol
tho people is seized and commented
upon by parly leaders und a party
press, and any departure from the
path of duty lo the public is quickly
occupied as tho avenuo to pow er by
the antagonist. Important leading
ideas can only bo engrailed upon gov
crnmental policy by unify of ucliou
through party organization, and with
out il, failure would inevituhly result.
Closeness of communication wilh tho
pcoplo nnd direct responsibility to
them onables thorn to govern by forco
of public opinion, and tho revolution
it produces is hralthlu! und mvigorat
in" lo tho body politic. Through it
tho mnjority party of lo day may be
the minority party ot to morrow. It
is to bo feared thut a change of Iho
nminrity rulo will give us a majority
continually ruling nnd a minority
stagnating, and that the political or
ganizations, whose annual, triennial
und quudicnniul struggles cleanse and
iuvigoralo tho Sluto w ill bo heard ol
no nioro.
Uur institution embody the theory
of equality of persons and of rights, as
well as those ol equality ot intellect
and education, and the power of the
majority and obedience to its rule
htivn their basis in mirt linon the con
sequent idea that lliu majority ol Un
people have the major part ot llio in
tellect aud education. Whether this
ho true or uot, il is uiineecssur to in
quire; hut it is nnporiuni nir us io
leuru whether ibis rule and theory is
lo bo changed, what its change im
plies, and w hal its probable eiroct will
be. The advocates of the new system
ull uvguo that a better class ol men
will be selected if the minority rule
prevail, and that by tho prevent rulo
those mosi intelligent aim ocsi quali
fied aro excluded.
Mr. II are, in tho preface lo his last
edition, thus puts il :
" Everything which, in political lite,
liberates and increases the scopo and
influence of enlightened judgment and
cultivated reason, is of iuestimuhlo
scrvico also lo llioso who occupy the
higher pliirrs in tocial rank, and pos
sess, in tho greatest measure, the ad
vantages of education and leisure.
" Hank and wealth set nut wiih the
most favorable auspices, and stand up
on the vantage ground of competition.
1 hey will inoro certainly retain their
position iu the race, as they them
selves eschew and endeavor to purge
political life of all that is vile and base;
put forward llioir highest order of
minds for public duties and public
honors, and do their utmost to pro-
vent scats in I'm liuincnt, or great of
ficcs or functions, from being made1
tho appanage of Iri tiers or weak mon."
So in chapterS: In forming tho i
representative body to winch is com
milted tho powor of government and
legislation, it is undeniable that il
would bo w ise to invito by every suit
ublo inducement, and to gather with
every possible diligence and care, such
miiids as are bv constitution and cx
perionco of study the best fitted U
deul wilh tho subjects m hich ul thif
day come within tho rniigo of jmlil i
ca' action."
So in chapter 6 : " The Stuto can
not afford lo reject ihe services of any
class, especially of any highly instruct
ed class, uinong its sous, ll should
bo a luiidameiiliil principle that all
possible facilities should be given to
persons of every class to oiler ihem
telves as candidates."
John Stuart Mill, in his "Represen
tative Government," chapter?, affirms
that "Tho naturul lenduncy of repre
sentative government, as of modern
civilization, is toward culli-clnc mcdm
cn'(y ; and llii tendency is increased
hy all reductions and extensions oi
tho franchise, their effect being to
pluco Iho principal power in the hands
of classes more and inoro below iho
highest level of instruction in the com
munity. IlUt though Ihc tuprror in
tellects and characters will necessarily
bo outnumbered, il makes a greet cl it
ference whether or not they are heard.
In tho falso Democracy which, Instead
of giving representation to nil, gives
il only lo tho local majorities, the
voice of tho instructed minority may
have no organs at all in the represen
tative body. In lb American Dem
ocracy, which is constructed on tins
faulty model, tho hinhla rutlirati l
turmbrr of iho community, except i istenco. In Ihc election for the popii
siicli of them as aro w illing to oacii I lar branch of Parliament, in w hich
fico thi-ir own opinions und mode of the creative powcrof their govern
judgment, nnd become the scrvilo . menl, exists utitiaiiimelo I by writ
mouth pieces ofthcir inferior in knowl- ten forms, il can ca' ily be nndcr
rdge, do not even oiler themselves for stood thai ft is iiccesry to yield
Congress or tho Siato legislatures, o
! certain is it that they would havo no
I.i r I 1 j f-i i
chance of being returned The great
difficulty of Democratic government
has hitherto seemed to be how to pf-
I resistance to the tendencies of the
rulinir power, a nrotootlon. a rullvlmr
point for opiniont nrnt intemt which
the attendant publw opinion views with
ditftwor. The only quarter in which
to look for a supplimentor completing
...... . ; .i . . p i
voirrciivu io cue uisiineis ot a Jemo
eratio majority is the instructed minri
Ii, but in the ordinary mode of eon-
elilutlng Democracy this minority has
no organ
And the Senator from Columbia, in
liisrepoflto the Sonale'of tho United
States, in lH!i!l, upon this subject.
aflirm that the ayslem of tho free
vole "will continuo members' of merit
for lonff periods of time in the Houso.
, becauso it will reliove them and those
be re-elected wiih cerluinty so long
as tho party whose representatives
they uro desiro their continuance in
trviee, and it may reasonably bo ex
ported that soino men of distinction
and intellectual power will always be
found iu tho House, whoso period of
service, counts by twenty or thirty
years. They will bo tho great repro
scntativesof party, and will give luslrc
and power nnd usefulness to the
House, whilo they will be tho objects
of profound attachment and of honest
prido in tho Suites tbey represent.
Uur present system, admirahly culcu-
luted to repress merit and lift modi
ocrity, will bo supplanted by ono which
will produco precisely tho oppusite re-
suits.
Tho extracts thus given from the
writings of three of the leading advo
cate of minority representation, when
applied to the workings of our Insti
tutions, nocessarily imply,
First. That representative govern
ment under the rulo of a majority is a
failure,
Skconu. That the torm of ofllce of
our legislators is too short and should
bo extended.
Third. That thero is a necessity in
our government for an independent
power, bused upon capacity and inlul
ligonco Tho perfect nnswor to tho first of
these inferences is found in Ihe char-
acter of our institutions, and iu tlio
rapid growth and continued progress
of the republic.
To iho second tho answer ia that in
a government of tho people, by the
people, u frequent und direct responsi
bility by the representative to his
constiluenfscunnotde dispensed with ;
that governments with writlen con
stitutions do not need either heredi
tary or life-long olficiuls ; thai in ao
t ii a"l practice men remain in ofllce
quite as long as tho good of iho peo
plo requires ; that under a majority
rule, if u representative bo found faith-
Ips or corrupt in but a few thin js, he
will not lie rouueu out; wiiiisi liuocr
tho new system ho may be unlaithful
in many things, yet if subservient lo
to tho single idea upon which became
to power, thme who deem that idea
the essential in government ill con
tinuo to ro elect him.
To iho third, which is in effect nn
argument for Iho necessity of an uris
locrucy of capacity und intelligence,
the words of Mr. Madison, in tho fifty
first number of tho J'c.leralist, is a
belter answer than I can muko. He
says: "In tho extended Republic of
tho United Slates, und among the
great variety of iuterrsls, parties nnd
sects w hich it embraces, a coalition of
a majority of tho w hole socioly could
seldom tako pluco upon any other
principles than llioso ol justice and of
Iho generul good ; whilst there being
thus less dungcr to a minor from the
will of a major party, there must be
less pretext also to provide for the
security of the former by introducing
into the government a will not de
pendent on the latter; or, in other
words, a will independent of the socie
ty itself."
It will thus bo seen that tho thenry
of intellectual equality is lobe changed,
and a new rulo of capacity to bo in
troduced ; Ihnt the chnnco Implies a
failure of our institutions, by reason of
ihe exclusion ol those more cultivated
and intelligent, and that a will indo-
pendent of society (or majority) based
upon capacity anu inieiieciuni worm
is to be bereufter a component purtof
our institutions.
In actual practice, all recognize tho
propriety of selecting the best fitted,
most intelligent and capable candidate
'nnd II is hy no means against this sul-
utury praclico 1 urgo my opposition,
but it is against, tho almost direct
charge mudo by these writers that the
majority aro unfitted to select this
class of men, and the plain implication
Ihnt ihe minority are supurior In ca
pacity-and intelligence. Why is not
tho majority as well fitted lo do this
as tho minority? Is tho implication
just referred to a truthful ono ? If it
oo not so, why shall wo make them a
power and a will independent of the
society Itself? 1 would have more
respect for the eloquent and learned
theories of Mr. Mill if ho were more
prtienl than his recent Quixotio ar
gtimont in snpport of woman's rights
pruve him to be. Abstract theories
nnd isolated proposition may be hand
led wilh great logic and learning, yet
he who urgnes may bo utterly incom
petent to reduce his doctrines to prac
lico, or to discern their evil conse
quences, when applied to a govern
mental etriicturo Iramcd a ours is,
and hence 1 view with great suspicion
his theory of an instructed minority.
In a monarchy in which an hcrcdi
tnry aristocracy exists, and where
thero aro distinct classes and divided
social interests, such a theory a this
latter ono my well bo advocated, for
it is of the very life of their institu
tion to preserve and perpetuate those
classes and interest, as tho checks
and balance necessary lo prolong ex-
the tnllest measure oi representation,
'for the antagonism ol those very
'Classes and social interest can only be
"utilised by the power of Iho rcpre
arntalive body granting concession
' liaruent in the light oi oonsrunu) or-
curnng ovent, or of the actual necot-aity-of
the politics! situation. Our
representative bodies have no euch
power, and the questions for them to
determine aro solely those of adminis
tration, in which the ruling power is
hold to rigid accountability by the
watchful vigilanoe of the minority.
We huvo classea, see la and special ir
torests in multitudes ; their riirhts aro
equal and all are subject to tho terms
of a written orifume law, and both in
theory and in fact they prove a source
of strength and jiower, but if we give
to each a sepcrato representation they
may prove a source of woaknesa and
of dungor.
1 very much fesr that It will not do
to condemn ouryoung Republic to the
monotony consequent uxn the adop
tion of tho minority rule, but I believe
that we must preserve the corroctivo
pewor of tho people, acting in their
immediate and direct capacity. What
will sorve us and our institutions dif
fers vastly from that which English
theorists may anprovo. Yet even
thero, differences of opinion exist upon
tho vulue of the now system, tor John
isriglil lias said w ith crest forco :
"11c asked his countrymen to reject
this device of their opponents, because
il was a principle disastrously fatal
to everything which wo comprehend
ed, and which our forcfulhers bad
comprehended of the truo principle of
popular representation. Ho infinitely
preferred tho practice of iho robust
common sen so ol those who bad gone
betoro us, to this new scheme which
was ofiored to us wiih so many pro
fessions for our good. Ho regarded It
as tho offspring and spuwn of feeblel
minds. It might huvo been, for aught
ho know, born of eccentric genius ; il
might, and probably hud been, dis
covered in some of thoso ubvsses in
which the spcculativu mind oft de
lights to plunge; but bo preferred, ho
aaid honestly, that which our forefa
thers understood of freedom, of popu
lar representation, of Iho mode of
manufacturing a great rarliatmenl,
to any of thoso new fangled and mis
erable schemes which have come to
light in our day."
I do not quote this lunguairo to en
dorse it, but simply to demonstrate
llioaillcrcnccso! opinion amoni; states
men and theorist as to the value of
the new theory. -
Jyct us c la nco now at the praclicul
workings of tho system, so fur as we
may bo ublo to foresee thorn, or cun
judgo tho future by the past.
The tyranny of the majority rule is
ono of tho argument in favor of the
new procoss, and il is earnestly as
sinned that it is most arbitrary in its
chnructcr und in praclico. 1 do not
think it possible lo sustain thisehare
cither by examples from history or hy
our own experience Wo have suffer
ed from tho tyranny of minorities.
who, wresting tho power of tlio State
from tho majority, havo governed us
inrcnigii me tonus ol law. Tho very
provisions of our form of government,
designed to prolnct tho minority, have,
through the divisions of tho majority,
been made most potent agencies in
tho bauds of tyrannical minority,
A minority possessed of great energy
and vigor of intellect, devoted to u
singo idea, by tlio concentration of
their power and the divisions of tiieir
antagonists, have compelled obrdivnee
to llieir dogma, nnd by skilllul man
ipulation of the machinery of govern
ment, which they have used with un
Bcrupulou baud, oven to tho dislran
chiseineut of tho majority, havo main
tained and perpetuated their power.
The fear of Mr. llaro seems to ho lhal
through the reformatory tendencies
of tho English people, representation
must bo given to tho mass of tho peo
ple, and that when they do obtain il
they will tyrannize over tho intelli
gent, educated and wealthy clauses,
and bis anxiety is lo protect these
lamer, w hom he always plnccsnmong
tho minorities. In urging his dou
trine ho refers to our institutions,
und quotes Mr. Calhoun as hi nil
ihority for tho churgo that whul he
fears is true of our government; but
.Mr. 1 allioun s theory wus that of tho
minority representation of States, nol
of people, and that doctrine, wo all
know, was carried to tho verge ol lib
surdity by giving lo each one tho
power ol neutralizing or nullifying
Ihe uclion ol tho remainder. In this
Republic there is no room for appre
hension of llio -result that Mr. llaro
fear. The minority of to day i the
majority of to morrow. Obedience lo
law and recognition of binding obli
gations must ever be the duty of those
in power, or Ihe verdict ol their mas
ters will speedily oust them
Ilut the ibnrgo is made that the
majority rulo is tyrannical, in that il
compels the man who had six votes to
bestow for six places in tho cilt of Un
people to cast but ono voto for each of ,
iho six, aud does not allow nun tojuicnl to an election. Is it not inevi
voto six votes for one man or three table that tho slrngglo will be for llio
for two, or two lor three, or other j nomination? Wili not every influence
wiso dispnso of theso vote a he j thut no besets tho Voter ul ihe polls
pleases; nnd it i assumed that this : bo transferred to the delegate to the
ncht to vote M six nt pleasure is a
idaia and manifest right of tho voter.
Does such a right exist ? Where does
it originato? To w hat authority can
il bo traced? It cannot exist as a
natural or abstract light, for the elec
tor only obtains his power by virtue
ol Iho governmental compact with
him. It cannot bo his right by reason
of hi qualification as un elector, for
that Implies his aid and assistance in
tho muinlenaneo of the government
f which ho is a purl; nud if six of
ficer bo necessary to il prolonged
existence, it Is compulsory upon him
to vole for all of them. It cannot he
based upon any analogy or fancied
resemblance to his right us a member
ot a pure Democracy; for in such a
form of government no sincle individ
ual was allowed to ct nix vote for
one candidate, when six olllces were
to bo filled. All were equal, nnd each
volert lor ono. Individuality and perioci snen organization, mnnngo
equality, sepernto personality a ma-1 ment and drill uro vitally necessary,
jority of voices, were the bases of that i There can bo no secrecy exercised;
system and it mode of expression. I nose nui-d, br counted, and tho poll
When there sro six ofllce to bo filled, lists made, and nil the machinery by
ihe common sense idea of common j which partisans now control elcciions
sense people at once is, each voter I will be used more effectually, and will
may vote one vote for six different ! bo indi-pcnsiitde.
people. Dumping wnsan undreamed Direct corruption will " certainly
of acquirement in tbe days of the' Dot dewsse hjr reason of tb' now
TEEMS $2 per ennum, in Advance.
NEWSERIES-VOL. 12, NO. 15.
ancient Domooracy. When the peo
ple met to enact laws and select their
rulers the man who had six ideas was
considered as strong in intellect as be
who was possessed of hut a single idea,
and it was left to the wisdom of mod
0111 English theorists to demonstrate
that he who.js wedded to one possibly
impracticable doctrine, and bus -no
room ir his bruin for other necessities
of a great government, was entitled
to twice as much representation as ho
who felt that there wore two ideas re
quiring tho attention of the represen
tatives of the people Such a proposi
tion noj;alives tho idea of tbo equal
ity of intellect. It is not bused upon
any original right of men entering
iiuo society, lor in tuui agreement the
spliero ot action of one being is con
trolled by tho sphere of another, and
two men are not equal if by voting
six times for one candidate ono of then
csn compel the other to forego his de
sire to givo two of his votes to a can
didate representing an entirely differ
ent idea. It i nrguod that both men
have six, votes, and are free to vote
thcra in antagonism, and thus to equal
ize themselves; but if this right is
not an inherent one, or does not exist
by virtue of the theory of a pure Dem
ocracy, is it not a tyrannical and arbi
trary exorcise of power to require
ihem thus to vole to equalize them
selves? Tho right to cast six voles
for six candidates, if so many are to
be elected, is a plain and manifest privi
lege, nay, it is a duty, and any sys
tem thut constrains the will to vote
for a fewor number, or tends to de
prive men of tho equality that nulur-
ally exists, in order lo prevent the
success of a mischievous theory, may
much more justly be called tyrannical
than that doctrine which makes all
men equul, and perpetuates and per
fect tho original rule of our govern
ment, that the lesser part aball be con
trolled by the greater.
Tho now scheme auamos that the
elected candidule under the present
system is not the actual representa
tive of all of his constituents, and that
those who voto agninst him aro en
tirely unrepresented. Outside of the
theory of the majority rule, this may
be true as to political questions, but
it is incorrect as lo local and special
issue, l'arties divido upon govern
mental questions, and men are voted
for or against as representing those
ideas, whilo if it were a question of
representation upon a local or special
subject they might cast a vote pre
cisely tho reverse of that which their
party prediloetions and idens of gov
ernmental policy requiro. Very many
men of one political party recognize
in the candidate of the opposition the
nof fMtwnrl'nl representative of their
loeul interests. The person elected
combines in himself both the political
and the local representative. Ilis
talus as to political questions is deli
nilely settled by the vote ul tho polls
upon me ueiineu issues or the canvass.
The people have thero settled those
questions for him, und determined his
li no of ucliun, and it is hi duly lo
obey. Vet upon tho multitude of
other questions in which his people
uro interested, noisiuo bus been made
up, no policy is settled; ho has not
Ik-iui volod Ibr or against as their em
bodiment, and ho is upon thoso the
represeriiuiivo ol the wholo people,
and free to act as Iho best interests of
his people demand. In aeluul prac
tice we recognize il, is, faci every day.
No mun worthy of the name of re
rusentnlive can take any olhcr view
of his duty. Chunge the rule, und in
stead of being tho representative ol
iho wholo people upon tho vast m.v
jorily of questions affecting this local
ity, ho will represent speciul, local and
sectarian ideas, and his people will be
divided upon tiioso issue instead of
upon tho tew leading idea ol govern
mentul policy. Which is bctlor, lo
nave six men representing tho whole
pcoplo upon nil issues save lhoe of
generul interest, or to havo six men
two of whom represent this church,
ono that und another tho olhcr, whilst
the ruinaimng two arevqually divided
upon the question of whisky or no
winsky, ana no one ol them with nny
defined idea as to bis duty iu regard
to the leuding questions of govern
mental administrations.
It is urgued that tho free voto will
banish corruption from our elective
system. 1 very much fear llio op
posile remit. I can conceive of no
device by which the wiles of corrupt
politician nnd designing partisans
w ill bo more advanced than b'a i-y
tern that will givo to the nominating
convention tho absolute control of Ihc
election. To be successful a minority
must have n compact organization;
their tandidalo must bo agreed upon
with unanimity nnd nil must bo bar
nionious in his support. Under such
circumstances his nomination is equiv
nominating convention ? At the form
er the law interposes its strong arm
and punishes the cnrrult and vile; at
llio latter the pander may pursue his
nefarious game with impunity. In
stead of c perilling elections from por
tisun influences it tends directly in
the opposilediri'clion.and professional
otfiee seeker will have vuliiahlo aid
in attaining their object. So Inde
pendent voting can be permitted, or
tho candidule will bo aacrillccd. Tho
secret ballot w ill exist only iu name
for the certain resnlt ol concentration
of votes, as this system will necessarily
compol, will dedroy the soercry of
every mnn's vote. Organization ot
party forces must he curried much
more completely into detail, if a mi
nority in a six constituency district
are but Ii 1 1 lo over one-third, or they
may lose one of those il is assumed
ihe achenio assure lo them, and to
li'UJgfill-ll Jl . ! ' L" 1
form. . It exists in the psrsoa and
will erop ont in the oif;anifcalion, and
o long as it does exist we will have
il to contend with in politics. That
system which will purge tbe body
politio from this growing vice Is the
best one, and we should saorific muoa.
to obtain it; but we must take society
as wo find it, and in contending wiiu
human depravity, it is plain that we
Cannot decreuso the vice, or got rid of
it effects, by increasing tbo tempta
tions to its perpetration. Can there
be any question that such temptation
are increased, if a man now corrupt
be given six times tho strength he
has under the mnjority rule? It
could cammand a higher price, because
his power was increased, and he
would be more sought for. for the
samo renon. Wonld not the circlo of
corrupt influences be widened by tbe
abwily of the purchaser to pay a lar
gor prico, and the natural cupidity of
men be oxciled to action by euuu
offers, w ho now reject them because
loo trifling in amount 7
ilut it is argued "that the corrup
tion of voters will not change the re
sult of an election ; that it will eleot
no candidate and defeat no candidal
in contested districts," and that, there
fore, it will cease lo exist. Is this
correct ? Take a six constituency
district for Congress, with two hun
dred and ten thousand electors, di
vided upon parly issues in the propor
tion of ono hundred and ten thousand
to one hundred thousand. If party
lines be maintained, and no local can
didalo, or candidate for a specific idea
be put in tho Gold, under the new rule,
the majority would elect three, the
minority thrco. A chango of five
thousand and one reverses the result,
if electors cast but a single ballot, or
each voto two votes. In such a con
dition of things would the minority
content themselves with representa
tion and make no strugglo? All our
experience proves the incorrectness of
such a position. Suppose the elector
bo vested with the powor of "plump-
jug" six votes, and corrupt influences
sock tho election of one man to w bom
the minority have no claim by right,
party lines being strictly drawn und
ull voting two voles each for the can
didates regularly nominated, how
many voles are nocessary to change
the result and accomplish the pur
poses of the corrupt faction ? In
stead of five thousand and ono being
required, eight hundred and thirty
four plumpers are all thut are needed.
1'ut tbe contested field in a different
position ; obliterate jiarly lines, upon
general issues, und give to each clique
or faction the opportunity to elect its
mnn by the use of money, and I great
ly fear that our past experience upon
the subject of corrupt influences bus
Deen purity ttsell as ooulroftled with
the disgraceful scenes wo would wit
ness. The application of this theory to
nur institutions, and our elective sys
tem as now constituted, teems lo uis
to be premature aud complicated. A
vast mass ot voters have lately been
udded to tho electoral forco, a lurge
proportion of whom do not under
stand iho simplest application of the
majority rulo; a wry large number
of our pcoplo are unfitted by educa
tion to understand the workings cf a
new system, complicated as th's must
necessarily be, w ho, nevertheless, are
thoroughly competent to understand
the cleurly defined issues of a general
canvass, when embodied in opposing .
candidates under the majority rule.
l lie now system docs not come to us
ondorsed und recommended by practi
cal experience and thorough tests of
its value. It is a leap in tho dark,
nnd its results are inappreciable
i-ossiuiy lor somo good, probably tor
much evil. While I adniil and recog
nize the justice of the theory of actual
personal representation for alt, I am
compelled to believe that our inslitu
lions nnd our surroundings are not
now fitted lo its application in the
higher fields thereof; that the rule of
a majority is llio fundumeiitul law of
every society of individuals of equal
rights; ihut under its workings we
havo prospered and made progress ;
that it is necessary fur the decisive
results indispensable in n government
of the people; that the new rulo will
obliterate parlies, destroy a watchful
opposition und substitute therefor fac
tions, cliques and sectarian interests;
that it would uproot tho doctrine of
Iho equality of individuals in all their
attribute, how an essentml theory of
llio government, and give us in its
room a theory of nn intellectual nrls
tocracy ; that it would in this weaken
Ihe checks and balances of oursystem,
und organize w ithin the society a will
independent of tho mass of the people;
tlml tho r.ew rule is based upon no
abstract or conventional right of the
individual, but will coerce men to re
train from the exercise ol their mani
fest privileges as members ol the
Stuto; thai instead of banishing cor
ruption it will tend to increase and
extend it ; lhal it will givo to politi
cians in tho nominating conventions
tho power now possessed by Iho peo
pie ; that il banishes independent vo
ting, and tends to destroy tho secret
ballot; that il is pre mat lire, untried
and possibly dangerous lo our institu
tions; nnd for those rvasons. with my
pri-s.'iil conviction, I should I e un
willing to introduce il into the ma
chinery of governmental administra
tion) y4i in the local field, to which
this bill confines llio principle, nud for
llio purpose of lesling its valuo und
the actual benefits to bo derive I from
it, 1 am content to enact il und from
experience learn its workings.
Who Cits Auead Twenty clerks
in a store. Twenty hands in a print
ing otlice. Twenty young men In a
village. Alt want to get along in the
world, and all expect to. One of the
clerks will riso lo be a partner, and
make a fortune. Ono of the appren
tices will become a master builder.
Ono of the villagers gels a handsome
farm and lives like a puti iiirch. Hut
which is destined to be tlio lucky in Ii.
vidual? Lucky! There is no luck
about il. The thing is as plain as the
rule ol three. The young man w ho w ill
distance hi competitors is be who
mastcia his business, preserves his in
tegrity, who lives clearly and purely,
who novcrgits into debt, who gains
friends by deserving Ilium, nud puts
his money into the savings bunk
Thero uio somo ways to loituno that
look shorter than this rusly old high
way ; but the slauntli men of this
community, iho men who achieved
something really worth having good
fortune, good name, and a serene old
age, till go this road
"Covr. if," Too. The Raleigh
(X. C'O Smtihft says that Judge
Jones confesses bis drunkness, and
sends in his resignation, 1o aavo tho
trouble and expense of impeachment,
(uiv. Caldwell ttieren pon makes Jones 'a
case bis own, and rvlu cs to accept tho
resignation till the Houso withdraws
the admitted ohsrgo. -