Political Justice

“ Again, questions may and often do arise between the government and the individual citizen that are not political questions, but are questions of private right, the right of the individual against the government. The disputants are the individual citizen or group of citizens on the one hand, and the government on the other whether that government be a monarchy, a republican or representative government, or a pure democracy. ”

“ How easy would it have been to lay broad and deep the foundations on which the political life of this Republic might have developed itself to the full realization of those sublime ideals of universal liberty, equal rights and impartial justice, which stand as the supreme guiding stars in the heart of every true friend of the human kind. ”

“ As a rule, politics we will not deal with. But questions of policy may never be divorced from the demands of morality. We will, therefore, as occasion many arise, discuss important political topics from the stand-point of justice and righteousness. ”

“ And every new idea of political reform and social progress that by dint of hard work among the intellectual and moral élite has gained a substantial following in public opinion of even a relatively small minority, has, in justice, and in demand for constant advance in human affairs, a right to a place in the high debate of political leadership. ”

“ The same creature, in his farther progress, is engaged to establish political society, in order to administer justice, without which there can be no peace among them, nor safety, nor mutual intercourse. We are therefore to look upon all the vast apparatus of our government, as having ultimately no other object or purpose but the distribution of justice, or, in other words, the support of the twelve judges. ”

“ At the impending National election various questions of great importance will be submitted to our judgment. The settlements of the civil war as Constitutionally fixed must be conscientiously maintained, and at the same time the Government strengthened in general confidence by the strict observance of Constitutional principles, and the old brotherhood of the people revived by a policy of mutual justice and conciliation. ”

“ That the true mission of American democracy is to maintain the liberties of the people, the sovereignty of the states, and the perpetuity of the Union, by the impartial application to public affairs, without sectional discriminations, of the fundamental principles of human rights, strict justice, and an economical administration. ”

“ And whereas the observance of political equality as a principle of right and justice is well calculated to encourage the people of the aforesaid States to be and become more and more constant and persevering in their renewed allegiance ”

“ A place where every interest and shade of opinion in the country can have its cause even passionately pleaded, in the face of the government and of all other interests and opinions, can compel them to listen, and either comply, or state clearly why they do not, is in itself, if it answered no other purpose, one of the most important political institutions that can exist any where, and one of the foremost benefits of free government. ”

“ They have handed down to us the representative principle, the jury method of trial, civil law, a clear conception of the rights of a citizen, a jealous regard for law and tradition, a comprehensive system of political checks and balances, model systems of local government and civil service, and methods of governing, civilizing, and unifying alien peoples which have never been equalled. ”

“ The State, government with its functions and powers, is now the subject of vital interest to every thinking man. Political developments in all civilized countries have brought the questions home. Shall we have a strong government? Are democracy and parliamentary government to be preferred, or is Fascism of one kind or another, dictatorship - monarchical, bourgeois or proletarian - the solution of the ills and difficulties that beset society today? ”

“ The question now is, have we the wisdom and conscience, from the present upheavings of our political system to reconstruct a government on the one enduring basis which never yet has been tried—Equal Rights to All? ”

“ If peace and unanimity are cherished, and the equalization of liberty, and the equity and energy of law maintain by harmony and justice, the present representative government may stand for ages, a luminous monument of republican wisdom, virtue, and integrity. ”

“ Shall we not rather take the place to which we are entitled, as the leaders, rather than the followers, in the customs of society, turn back the tide of aristocratic inroads, and carry through the whole, not only of civil and political but of social and domestic life, the true principles of democratic freedom and equality? ”

“ Now we pretend to say that our government was thus formed by the choicest wisdom and patriotism of the world, with the largest liberty in view, under the restraint of law, giving equitable privilege to all its citizens, and so balancing its different departments that they are mutually a defence. We pretend to claim for our government the loftiest purpose, the most comprehensive views, and the best practical results. We claim for it justice, equality, and power. It does not stand out--a thing distinct from the people and the states. ”

“ We offer it to you—a Union based upon universal liberty, impartial justice and equal rights, upon sacred pledges faithfully fulfilled, upon the faith of the Nation nobly vindicated; a Union without a slave and without a tyrant; a Union of truly democratic States; a Union capable of ripening to full maturity all that is great and hopeful in the mind and heart of the American people; a Union on every square foot of which free thought may shine out in free utterance; a Union between the most promising elements of progress, between the most loyal impulses in every section of this vast Republic ”

“ Supposing then the individual to have decided that some command of a 'political superior' is not for the common good, how ought he to act in regard to it? In a country like ours, with a popular government and settled methods of enacting and repealing laws, the answer of common sense is simple and sufficient. ”

“ If, in connection with these solid foundations for a natural religion, we add the important fact, that this is a republic, in which the wish of the majority, should become the law of the mass; we shall discover that politics become the natural channel, through which the wishes of the majority are expressed; that corrupt politics, result in bad government; that pure politics, insure good government; that a wise, just government, is the greatest political benefit which can be conferred on the people governed. ”

“ It is in the nature of liberties and rights, abstractly considered, to be insubordinate and to conflict both one with another and, perhaps, with the common weal. If the chief purpose of a democratic political system is merely the preservation of such rights, democracy becomes an invitation to local, factional, and individual ambitions and purposes. ”

“ The patriot, the philosopher, and the statesman, look to this spot, where the legislative authority of the Republic has an uncontrolled operation, for that perfect system of laws, which shall at once develope the wisdom of the government, and display the justice and benevolence of its policy. ”

“ But, after all, the essential thing is not the extension of the democratic republic, but the establishment of justice within that republic. Within the limits of equality of freedom and opportunity there is plenty of room for competi- tion, for inequality of rewards, for victories and defeats vic- tories without injury to the moral or physical nature of the victors, and defeats without absolute ruin to the vanquished. ”

“ Among these requisites, unalterable by changing conditions of society, are individual liberty, freedom of labor, of human development, rights of conscience, equality of the States, distribution of political powers into independent executive, legislative and judicial departments, and a careful restriction of those powers to public uses only, the healthy action of concurrent majorities, a careful safe-guarding that the power which makes the laws and the power which applies them shall not be in the same hands, and local self-government. ”

“ They agree in part to be governed by others, in order that in part they may govern others. The rights of participation in the government, such as voting and holding office, are called political rights, because they affect the public policy of society. ”

“ This consciousness of responsibility, on the part of the representatives, operates as a perpetual guarantee to the people, and protects and secures them in the enjoyment of their political and civil liberties. ”

“ The government is a constitutional and hereditary monarchy, and the constitution guarantees to the citizens equality before the law, personal and religious liberty, freedom of the press, public instruction, and the abolition of confiscation and the penalty of death for political offenders. ”

“ Let us hold fast the great truth, that communities are responsible, as well as individuals; that no government is respectable, which is not just; that without unspotted purity of public faith, without sacred public principle, fidelity, and honor, no mere forms of government, no machinery of laws, can give dignity to political society. ”

“ In pursuing these necessary measures of relief, no injury is done to a minority, or to any individual, for the foundation on which our republic rests is equal and exact justice to all men, and the [Pg 252] equality of all men before the law. ”

“ So it is that once more the battle for political rights is being forced into the foreground, and constitutional questions that touch the very foundations of governmental life are becoming live questions. ”

“ The contending political parties in a republic should be such in point of mental and moral constitution and capability that the government may be intrusted to either without serious apprehension for the safety of the public interest. ”

“ But the need of the fictitious explanation arises from a wrong way of putting the question; the power which regulates our conduct in political society is conceived in too abstract a way on the one side, and on the other are set over against it, as the subjects which it controls, individuals invested with all the moral attributes and rights of humanity. ”

“ The formation and expression of a just public sentiment, therefore, requires the establishment of permanent groups of persons, more or less free from any external control which interferes with their rightful action, under a leadership which makes for their spiritual and intellectual education in justice. ”

“ But an analogous mistake lurks in all static forms of democracy. The bestowal and the exercise of political and civil rights are merely a method of organization, which if used in proper subordination to the ultimate democratic purpose, may achieve in action something of the authority of a popular Sovereign will. ”

“ XII. We regard the political government as absolutely necessary to maintain order, and to protect the good and honest and punish the wrong-doers; and no one can prove us to be untrue to the constituted authorities. ”

“ Nor can the citizen have any right against the state, in the sense of a right to act otherwise than as a member of some society, the state being for its members the society of societies, the society in which all their claims upon each other are mutually adjusted. ”

“ Whilst all authority in it will be derived from and dependent on the society, the society itself will be broken into so many parts, interests, and classes of citizens, that the rights of individuals, or of the minority, will be in little danger from interested combinations of the majority.... Justice is the end of government. ”

“ We turn from the external duties of the country to its internal. Promises with respect to these matters must of every necessity be in general terms largely because the problems are vast and must adjust themselves to all parts of the country, harmonizing with conditions that vary widely. Back of all legislation, back of statute and executive policy worth while, there lies one unvarying hope and purpose—to right wrong, to secure justice and to give equal opportunity. ”

“ But moral, political, intellectual improvement are duties assigned by the Author of Our Existence to social no less than to individual man.
For the fulfillment of those duties governments are invested with power, and to the attainment of the end--the progressive improvement of the condition of the governed--the exercise of delegated powers is a duty as sacred and indispensable as the usurpation of powers not granted is criminal and odious. ”

“ The question of human rights and the civil and political equality of all men shall be a first consideration with us, and we shall go to the aid of the class of men of like faith on these points, it matters not in what political party they may be found. ”

“ In every society there are political and civil concerns on one side, and on the other social concerns; for the first, civil authority must be established—in political and civil respects every one has to acknowledge the power of its jurisdiction. ”

“ In its less perfect and more usual state the Democratic theory is advanced either as an ethical theory which postulates an absence of formal acquiescence on the part of the governed as injustice, or else as a convenient political compromise ”

“ In the exercise of these natural rights, it has been supposed, men with a view to their general interest established political society. From that establishment is derived both the system of rights and obligations maintained by law as between man and man, and the right of the state to the submission of its subjects. ”

“ It was to secure an acknowledgment resting upon economical and social as well as upon ethical principles, that all the burdens that are laid upon individuals must be laid with perfect impartiality; and that if the state would be a law-regulated state, a kingdom of justice in the true sense of the word, it should not oblige any individual to make a greater sacrifice for it than all the others. ”