It is obvious that there can be no such thing as "a republic," which is, at the same time, "an aristocracy;" for the moment that which was "a republic" becomes "an aristocracy," that moment it ceases to be "a republic." So also can there be no such thing as "a republic" which is "an oligarchy," for, as "a republic" is a government of the many, or, as President Lincoln well termed it, "a government of the people, by the people, for the people"—so it must cease to be "a republic," when the supreme power is in the hands of the oligarchic few.
There can be but two kinds of republics proper—one a democratic republic, which is impossible for a great and populous Nation like ours, but which may have answered for some of the small republics of ancient Greece; the other, a representative republic, such as is boasted by the United States. And this is the kind palpably meant by the Fathers, when, for the very purpose of nipping in the bud any anti-republican Conspiracy likely to germinate from Slavery, they inserted in the Great Charter of American Liberties the solemn and irrevocable mandate: "The United States shall guarantee to every State in this Union a Republican Form of Government." That they meant this majority rule—this government by the many, instead of the few—this rule of the People, as against any possible minority rule, by, or through, oligarchs or aristocrats, is susceptible of proof in other ways.
It is a safe guide, in attempting to correctly expound the Constitution of the United States, to be careful that the construction insisted on, is compatible and harmonious with the spirit of that great instrument; so that—as was said by an eloquent and distinguished Massachusetts statesman of twenty years ago, in discussing this very point—"the guarantee of a Republican form of government must have a meaning congenial with the purposes of the Constitution." Those purposes, of course, are expressed in its preamble, or in the body of the instrument, or in both. The preamble itself, in this case, is sufficient to show them. It commences with the significant words: "We THE PEOPLE of the United States"—words, instinct with the very consciousness of the possession of that supreme power by the People or public, which made this not only a Nation, but a Republic; and, after stating the purposes or objects sought by the People in thus instituting this Republic, proceeds to use that supreme political power vested in them, by ordaining and establishing "this CONSTITUTION for the United States of America." And, from the very first article, down to the last, of that "Constitution," or "structure," or "frame," or "form" of government, already self-evidently and self-consciously and avowedly Republican, that form is fashioned into a distinctively representative Republican government.
The purposes themselves, as declared in the preamble, for which the People of the United States thus spake this representative Republic into being, are also full of light. Those purposes were "to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common defense, promote the General Welfare, and secure the Blessings of Liberty to ourselves and our Posterity."
How is it possible, for instance, that "the Blessings of Liberty" are to be secured to "ourselves and our Posterity," if citizens of the United States, despite the XVth Amendment of that Constitution, find—through the machinations of political organizations—their right to vote, both abridged and denied, in many of the States, "on account of race, color, or previous condition of servitude?" How, if, in such States, "the right of the people to be secure in their persons, houses, and effects, against unreasonable searches and seizures," is habitually violated, despite the IVth Amendment of that Constitution? How, if, in such States, persons are notoriously and frequently "deprived of life, liberty, or property, without due process of law," in violation of the Vth Amendment of that Constitution? Yet such is the state of affairs generally prevalent in many States of the Solid South.
These provisions in the Constitution were, with others, placed there for the very purpose of securing "the Blessings of Liberty to ourselves and our Posterity," of promoting the "General Welfare," of establishing "Justice," of insuring "domestic Tranquillity" and making "a more perfect Union"—and the violation of those provisions, or any one of them, in any part of our Land, by any part of our People, in any one of the States, is not only subversive of the Constitution, and revolutionary, but constitutes a demand, in itself, upon the National Government, to obey that imperative mandate of the Constitution (Sec. 4, article IV.) comprehended in the words: "The United States SHALL guarantee to every State in this Union a Republican Form of Government."
[The meaning of these words is correctly given in an opinion of Justice Bronson of New York (4 Hill's Reports, 146) in these words:
"The meaning of the section then seems to be, that no member of the State shall be disfranchised or deprived of any of his rights or privileges unless the matter shall be adjudged against him upon trial had according to the course of common law. The words 'due process of law' cannot mean less than a prosecution or suit instituted and conducted according to the prescribed forms and solemnities for ascertaining guilt or determining the title to property.">[
It is well that the truth should be spoken out, and known of all men. The blame for this condition of things belongs partly to the Republican Party. The question is sometimes asked: "If these outrages against citizenship, against the purity of the ballot, against humanity, against both the letter and spirit of the Constitution of our Republic, are perpetrated, why is it that the Republican Party—so long in power during their alleged perpetration—did not put a stop to them?" The answer is: that while there are remedial measures, and measures of prevention, fully warranted by the Constitution—while there are Constitutional ways and means for the suppression of such outrages—yet, out of exceeding tenderness of heart, which prompted the hope and belief that the folly of continuing them must ere long come home to the Southern mind and conscience, the Republican Party has been loath to put them in force. The—best remedy of all, and the best manner of administering it, lies with the people themselves, of those States where these outrages are perpetrated. Let them stop it. The People of the United States may be long-suffering, and slow to wrath; but they will not permit such things to continue forever.
When the Rebellion was quelled, the evil spirit which brought it about should have been utterly crushed out, and none of the questions involved in it should have been permitted to be raised again. But the Republican Party acted from its heart, instead of its head. It was merciful, forgiving, and magnanimous. In the magnificent sweep of its generosity to the erring son, it perhaps failed to insure the exact justice to the other sons which was their right. For, as has already been shown in these pages, Free-Trade, imbedded in the Rebel Constitution, as well as Slavery, entered into and became a part, and an essential part, of the Rebellion against the Union—to triumph with Slavery, if the Rebellion succeeded—to fall with Slavery, if the Rebellion failed. And, while Slavery and Free-Trade, were two leading ideas inspiring the Southern Conspirators and leaders in their Rebellion; Freedom to Man, and Protection to Labor, were the nobler ideas inspiring those who fought for the Union.
The Morrill-Tariff of 1860, with modifications to it subsequently made by its Republican friends, secured to the Nation, through the triumph of the Union arms, great and manifold blessings and abundant prosperity flowing from the American Protective policy; while the Emancipation proclamations, together with the Constitutional amendments, and Congressional legislation, through the same triumph, and the acceptance of the legitimate results of the War, gave Freedom to all within the Nation's bound aries. This, at least, was the logical outcome of the failure of the Rebellion. Such was the general understanding, on all sides, at the conclusion of the War. Yet the Republican Party, in failing to stigmatize the heresy of Free Trade—which had so large an agency in bringing about the equally heretical doctrines of State Sovereignty and the right of Secession, and Rebellion itself,—as an issue or question settled by the War, as a part and parcel of the Rebellion, was guilty of a grave fault of omission, some of the ill-effects of which have already been felt, while others are yet to come. For, quickly after the War of the Rebellion closed,—as has been already mentioned—the defeated Rebel leaders, casting in their lot with their Democratic friends and allies, openly and without special rebuke, prevailed upon the National Democracy to adopt the Rebel Free-Trade Shibboleth of "a Tariff for revenue;" and that same Democracy, obtaining power and place, through violence and fraud and falsehood at the so-called "elections" in the Solid Southern States, now threatens the Country once more with iniquitous Free-Trade legislation, and all its attendant train of commercial disasters and general industrial ruin.