Page:Historical Essays and Studies.djvu/142

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130
ESSAYS ON MODERN HISTORY

in which they had their origin. The earliest interpreters of the Constitution and the laws strove to be guided by English precedents, and to approach as nearly as they could to the English model. Hamilton is the chief expounder of these ideas: "It has been observed that a pure Democracy, if it were practicable, would be the most perfect government. Experience has proved that no position in politics is more false than this. The ancient Democracies, in which the people themselves deliberated, never possessed one feature of good government. Their very character was tyranny, their figure deformity. If we incline too much to Democracy, we shall soon shoot into a monarchy. Those who mean to form a solid Republican government ought to proceed to the confines of another government. There are certain conjunctures when it may be necessary and proper to disregard the opinions which the majority of the people have formed. There ought to be a principle in government capable of resisting the popular current. The principle chiefly intended to be established is this, that there must be a permanent will."

These are not individual opinions. They were shared by a powerful party, that watched the cradle and guided the first steps of the American Republic, and they display the moderate, wise, and English spirit which presided over its early councils. In this combination there was an inconsistency, which time necessarily developed. The laws of England do not flow from a single principle, they are the result of many influences, they acknowledge authority and tradition, balance one set of interests by another, and aim at serving very various rights, and are determined by many considerations of expediency. Of all conceivable things that which is most alien to their spirit is to sacrifice any distinct interest or particular right to the requirements of some vague abstraction. But it was difficult for Norman kings and feudal parliaments to legislate in a manner that would satisfy the wants of American society. Modifications were needed, and they were naturally directed by that new element which called for them, a purely Democratic principle.