powers of the government, to which law all other laws must be conformed. A constitution may be a written document, or it may consist of established usages. The constitution of Great Britain consists of established usages, yet its provisions are as well known as those of the constitution of the United States. In the limited monarchies of Europe, the powers of the monarch are, for the most part, as clearly defined as are those of the President of the United States.

Monarchies are hereditary and elective. All the monarchies of Christendom have adopted the hereditary principle. The oldest surviving son or nearest heir succeeds to the crown as soon as the monarch dies. It is a maxim of the British constitution that "the king never dies." This means that the throne is never vacant. The moment the occupant dies, his heir is clothed with all the authority pertaining to the throne. In some countries, females are excluded from the succession.

An hereditary is preferable to an elective monarchy. It is true that, on the hereditary principle, an incompetent or vicious person may succeed to the throne. Experience has shown that the attendant evils are less than those connected with an election.

Aristocracy" is a form of government which places the supreme power in the nobles or principal persons of the State." The uniform testimony of history

declares the aristocratical form of government to be the worst form.

A republic is "that form of government in which the supreme power is vested in the people, or in representatives elected by the people." When the power is directly exercised by the people, the government is called a democracy. A pure democracy can exist only in a country of limited territorial extent. The colony of Plymouth was, for a time, a pure democracy. All the freemen met together to make laws. A law enacted in 1636 imposed a fine of three shillings sterling on every one failing to attend election, " without due excuse." When the population became so widely extended that it was inconvenient to meet in one body, the representative system was adopted.

In some of the governments of Christendom, the three forms above noticed are more or less blended. The English government is a limited monarchy, but in the House of Lords it has the aristocratical, and in the House of Commons the republican element. In that government, the power of the republican element has been gradually increasing.

CHAPTER IV.

THE IES OF REPRESENTATION-REPRESENTATIVE INSTRUCTIONRELATION OF HUMAN TO DIVINE LAW-RIGHT OF REVOLUTION.

In a republic, the people elect representatives who make their laws. There are two theories of representation. The first, and commonly received theory, regards representation as a mere matter of convenience. It teaches that representatives are elected by the people because it is not convenient for them to meet in a body and make the laws.

The doctrine of representative instruction, which teaches that the representative is in all things to obey the will of his constituents, that he is to vote not according to his own judgment but according to the instructions of his constituents, is a logical inference from this theory of representation. If the representative is elected to do what the people would do, if it were convenient for them to assemble, then he is to do what the people tell him to do.

It is objected to this doctrine that it makes the

representative a mere automaton to register the decrees of a majority of his constituents. Suppose an important question comes before Congress relating to foreign affairs. A majority of his constituents wish him to vote for a measure which, from his superior means of information, he knows would be disastrous to the country. Now, if the representative must obey the will of his constituents, he must act contrary to his own judgment, and commit an act of folly, perhaps of wickedness. Though he have the capacity of John Marshall or of Daniel Webster, he must yield his convictions, the result of careful investigation and profound thought, to the wills of men influenced, it may be, by their prejudices or led by a crafty demagogue.

It may be asked, Ought not the will of the people to be obeyed? The will of the people should be obeyed when it is wise and right and constitutionally expressed. The people can act authoritatively in gov ernment matters, in this country at least, only by means of the ballot-box.

The people are not infallible. No individual is infallible. Hence no collection of individuals can be infallible. The voice of the people is not the voice of God. Many of the provisions of government are designed to prevent the hasty execution of the popu lar will are designed to give an opportunity for that "sober second thought" which is more nearly allied

to wisdom. The doctrine of representative instruc tion goes far toward nullifying these provisions.

Another theory of representation regards the rep resentative as a professional agent, who is chosen to do certain things according to his best ability; chosen to do them on account of his ability. The people are under obligation to have good laws. Hence they are under obligation to use the means best adapted to that end. Hence they select good and wise men to make their laws. They select them that they may have the benefit of their superior wisdom. Of course they must be allowed to exercise that wisdom unfettered by instructions. They should be restrained only by the constitution and the laws made in accordance with the constitution.

The duties of a legislator should be prescribed by the constitution, not by the leaders of a party, or by a majority under the control of said leaders. The representative should conform to the wishes of his constituents, so far as he can do so consistently with fidelity to their interests and those of the country. A desire to please them should not cause him to neglect the duties he was chosen to perform.

A constitution is the fundamental law which determines the form of the government, and defines its powers. A State performs an original act of sov ereignty when it establishes or abolishes a constitution. If a constitution comes in conflict with justice