The Atlantic Monthly, Volume 14, No. 84, October, 1864 eBook

This eBook from the Gutenberg Project consists of approximately 308 pages of information about The Atlantic Monthly, Volume 14, No. 84, October, 1864.

The Atlantic Monthly, Volume 14, No. 84, October, 1864 eBook

This eBook from the Gutenberg Project consists of approximately 308 pages of information about The Atlantic Monthly, Volume 14, No. 84, October, 1864.

That our polity ever should have been looked upon as democratical in its character, as well at home as abroad, is one of the strangest facts in political history.  Probably it is owing to some popular expressions in the Constitution itself.  “We, the People of the United States,” are the first words of the instrument, and they are represented as ordaining and establishing the Constitution.  Some of the provisions of the Constitution are of a popular character, beyond doubt; but they are, in most instances, not inspirations, but derived from English experience,—­and it will hardly be pretended that England was an armory from which democracy would think of drawing special weapons.  Our fathers, as it were, codified English ideas and practices, because they knew them well, and knew them to be good.  The two legislative chambers, the privilege of the writ of habeas corpus, the good-behavior tenure of judges, and generally the modes of procedure, were taken from England; and they are not of democratic origin, while they are due to the action of aristocrats.  The English Habeas-Corpus Act has been well described as “the most stringent curb that ever legislation imposed on tyranny”; and that act was the work of the English Whigs, the most aristocratical party that ever existed, and it was as dear to Tories as to Whigs.  Democracy had no more to do with its existence than with the existence of the earth.  No democratic movement has ever aimed to extend this blessing to other countries.  In forming our judicial system, the men of 1787-’91 paid little regard to democracy, making judges practically independent.  There have been but two Chief Justices of the United States for wellnigh sixty-four years, though it is well known that Chief-Justice Marshall was as odious to the Jeffersonians of the early part of the century as Chief-Justice Taney is to the ascendent party of the last four years.  Mansfield did not hold his seat more securely in England than Marshall held his in America, though Mansfield was as emphatically a favorite of George III. as Marshall was detestable in the eyes of President Jefferson, who seems to have looked upon the Federal Supreme Court with feelings not unlike to those with which James II. regarded the Habeas-Corpus Act.  Had he been the head of a democratic polity, as he was the head of the democratic party, President Jefferson would have got rid of the obnoxious Chief Justice as summarily as ever a Stuart king ridded himself of an independent judge.  And he would have been supported by his political friends,—­democrats being quite as ready to support tyranny, and to punish independent officials, as ever were aristocrats or monarchists.

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The Atlantic Monthly, Volume 14, No. 84, October, 1864 from Project Gutenberg. Public domain.