To illustrate: a false conception of the nature and authority, of the legitimate functions, rights and duties of what is called the "State," has led, and will, if not corrected, ever lead to the most deplorable political, social, and religious disorder and oppression. As diverging lines in mathematics can never approximate, but must continue to widen as they are extended, so a false departure from a political "standpoint" can never be rectified unless by a return to correct first principles. This is what is meant by the democratic maxim, "that a frequent return to first principles is necessary to secure the ends of public liberty."
Indeed, this error, this diverging point in constitutional interpretation, has been the real cause—the "causa causarum"—of the late war; and not the "negro," or "cotton," or the "spirit of domination," or "difference of race," or what not, might serve as the "proximate cause," but the real cause lay far back of them. I am willing to admit that political events do not always proceed on a strictly logical order, but nevertheless there is a sequence, indeed an inevitable chain of cause and effect in the progress of public affairs, such as we see in individual conduct, but only on a broader scale.
Now what is the civil power, or State; what its origin, its authority, its legitimate functions, its rights and duties? Here I must, of necessity, be very brief. The State originated from the natural desire which men experience to obtain certain goods, such as peace, security of life and property, of personal rights and privileges, etc., etc. These are goods which neither individuals, nor families, nor private corporations can procure for themselves satisfactorily. People therefore unite to establish a State, in order to attain, through the State, what they cannot do by their own private exertions. The State, then, is made by the people and for the people. In our form of government it is a mere corporate agency. Its duty is to see that justice is administered, and personal rights and property protected. It holds the sword of justice not for itself, but for others; it is the servant, and not the master. The people were not made for the State, or given to the State, but the State is posterior to the people; it was, as I said before, established by the people and for the people. In them, under God, resides the sovereignty and ultimate permanent authority. The right of the State is to discharge the duties assigned it within the sphere of its delegated authority—that is all.
That sphere of action of the State in this country is clearly defined in the written Constitution. The State, then, must scrupulously abstain from violating any of the rights it was organized to protect.
There never has been, and never will be, but two forms of government—one seeking to restrain, the other to enlarge, the liberties of the people. To the former belong the centralized and despotic governments of the past and present; to the latter, the limited and representative ones.
Russia, without doubt, is the highest type of that despotism so common among Pagan nations. The Czar is the successor of the Gentile Cæsar; he unites in himself the civil and spiritual power; the inevitable result is social oppression, denial of the rights of conscience, of the family, and of the political society. Our government has already made gigantic steps in the same direction. Many of the political minds of this country have been drawn within the circle of monarchial ideas. They are unconsciously, as it were, adopting their forms of thought, and applying their forms of expression to our government, and claiming for it the prerogatives and supremacy appertaining to the feudal institutions of Asia and Europe. Our simple democratic form of government seems to be getting ashamed of its plebeian origin, and ambitious to ape the language and pretensions of its former masters. This decadence was made apparent not long ago, in the discussions "for the removal of the United States Capitol." In a two-hours' discussion, the word "Republic," or "Federal Government," or "United States," was not once mentioned!! It was "Nation," "Empire," etc., etc., usque ad nauseam, from beginning to end. To a reflecting mind, this language has an ominous significance. It smacks strongly of monarchy.
But some one will perhaps say, "Sir, what has all this dissertation to do with your subject? You commence by disclaiming against the Public School System, and here you are giving a grave lecture on the nation relapsing into imperialism or monarchy."
It has a great deal to do; it is an attempt to trace effects to their causes. This government of ours, both in its Federal and State capacity, is growing ambitious to play the King. It is setting itself up as master. It is using the language of all tyrants: "Sic volo, sic jubeo," etc., etc. It claims, after the example of Prussia or Russia, or some other despotism, to direct the education of the children of the people. It even claims them as belonging to itself. It is the great feudal master. It takes upon itself the old duty of providing instruction for the sons and daughters of its dependents. It takes upon itself the discharge of duties imposed on parents by Divine Law, just as if fathers and mothers had lost their natural instincts as well as sense of duty; just as if the State had all the intelligence, virtue, and forethought of the public in her keeping. It dispenses parents from a duty from which God will never dispense them. It has usurped the office of teacher; it will, if not checked, set itself up as preacher. It makes Sunday laws, temperance laws; it places marriage on the footing of simple contracts, facilitates divorce; it is constantly, in all these things and many others, repeating the "mot" ascribed to a King of France: "L'état c'est moi." In fine, it makes, as it has been aptly, but not very reverently, said, God a little man, and itself and the State a little god, not in love and charity, indeed, but in power and authority.
Here is where the danger comes from, and it is against this that the people must provide. The people must see to it that the State, or those who are charged with its authority, keep within their proper place. The people can never be too vigilant or jealous of their constituted authority, never permit themselves to be the victims of misplaced confidence. The State is not seldom the usurper—the rebel that should be watched. The allegiance is not to it, but from it to the people—its master. "Eternal vigilance is the price of liberty."
The people have been greatly deceived and wronged by the State on the establishment of the Public School system. The better to understand this, let us see again, in a few words, what are the principles on which the establishment of public schools is based. How did men arrive at the idea that the State should be a school-master? If we consult history, we shall find that this idea rests upon most objectionable grounds. In Europe—in Protestant countries—the education of youth was held to belong to the church. But as the Protestant prince was also the chief bishop of his church, he had the care of schools, as well as the administration of other religious matters. According to this principle of the State-church, all the schools were State-schools. At the present day, Protestant princes and princesses are not looked upon as chief bishops, but the consequence of this objectionable system does still remain, and has gained a foothold even in this free country.