466
The Green Bag
itself so elastic as to require but few in personal or corporate affairs. Indeed, amendments, and stands today as prob it is from an aroused indignation that is ably the oldest written instrument of blindly striking at this dishonesty, wheregovernment in effective operation. All ever it may have been found or sus about us we have seen the fall of ancient pected, that our institutions are endan systems, until the spirit of unrest has gered. The extraordinary attempts to under invaded the remote Orient, and even there the experiment of democracy is mine the popular confidence in the judi under trial, but as yet our constitution ciary of the state and nation, we may well hope and believe will fail before has survived. It is a commonplace that conditions the sober reflection of the great masses of of life have been revolutionized since the the people, but that self-seeking men adoption of the federal Constitution. should have found it possible to obtain The slight bonds that held the states consideration for their revolutionary together while the slavery question re vagaries is proof enough that even the mained unsettled have been indisso- belief in courts as the best machinery lubly welded by the Civil War, by steam for the administration of justice be and electricity. No one, however fanci tween men is not so widespread but ful may be his political dreams, now sug that it needs to be strengthened. gests that any part of the Republic As a matter of fact [says the editor of a lead could nourish dissevered from the Union; ing law journal *0] we are living in a transitional but the restless discontent with existing period of our country's history, when the people, conditions does not hesitate to attack repudiating the idea of government by represen tation, are demanding the right to directly inter the constitutional system of representa fere in all the processes of government. tive government, offering in its stead some vague suggestions of a pure And he continues: — To our mind, it would be wiser on the part of democracy or a socialized state. The our various bar associations to recognize this old time devotion to our dual govern tendency as being deep-rooted and permanent, ment, Nation and State, has given place and seek to direct it in right channels than to in many quarters to a spirit of skepticism ignore it as the work of demagogues, from the that may be the forerunner of disaster. effects of which the people will soon recover. Men forget that government is a reflex While not accepting the pessimistic image of their own ideals, and no govern conclusion, but devoutly hoping that mental device can of itself make the the movement away from representative morality of a people higher than that government and towards a pure democ of the individuals who compose it. For racy is not "deep-rooted and perma reasons far removed from our political nent," but is partly because of a justifi constitutions, which may be traced to able indignation against wrong-doing the loss of religious faith, to the enerva that has not arisen entirely from defects tion of luxury and to the whole train of in our system, but from the neglect and temptations that follow in the wake of ultra-partisanship of the people them material prosperity, the average moral selves, and recognizing the obvious fact ity of our people may have fallen below that it has been fanned by the unscrupu the standard of other days, but not lous for their own selfish purposes, it yet so low, we may thank God, that the behooves lawyers to justify the existing popular conscience is not quickened by system as essentially the best, to meet the revelation of dishonesty, whether «0 75 Central Lav Journal, p. 26.
