Cooley On Free Institutions

At this time when the Coxey movement is engaging so much attention from the public and press, an address from a constitutional authority like Judge Cooley is refreshing. Yesterday afternoon, the venerable Judge addressed a large audience of students and citizens on the subject of "Free Institutions" applying his remarks more particularly to the constitutional questions involved in Coxey's march on Washington. In the course of hs remarks the Judge said: "Our government is representative, not a pure democracy because it is (i) on too large a scale to be a pure democracy; and (2) from the very foundation of our government it has been representative. From the earliest day the chief duty of the citizen has been to vote for some representative and when this was done he ceased almost entirely to be a unit in political power. If a large class of the people become disatisfied with the manner of conducting the government, what then ? Suppose ten thousand in every state should arise to appeal to congress and March on Washington for that purpose to demand a uniform rate of wages, an eight-hour working day, and that the government shall employ the unemployed in improving the common roads of the country. They start out voicing their demands in the name of the people, whereas they represent but a small fraction of the whole people. The authority of the citizen is to elect representives and when this is done, that is all he can do. The army, so-called, has no power to coeice one single representative at the seat of the government, and so far as the constitutional power is concerned, the representative alone may determine how he shall act. The petitioner cannot go to congress in person with his petition. The petition must be presented by the representatives themselves. Among the enumerated powers there is not one that covers the subject. When they ask the federal government to make roads they ask something beyond the pale of federal authority. It is the state that makes the roads. The controversy over the Cumberland roadmany years ago settled this principie. In every case where federal authority has been called in for like purposes, some argument was pnt forward claiming that what was proposed was to carry out some federal authority. Suppose what was demanded was purely national, like the coining of money, even then this demand from without would have no binding force. When there is an attempt to compel the exercise of government power otherwise than as provided in the constitution, it is a direct attack on liberty itself. The people could not make the laws even if the legislative authorities would attempt to turn over the legislative machiney to them. To attempt to subvert the recognized authorities and their power, is a step toward the overthrow of our government, and one step toward revolution. What is taking place now may be a farce, but it seems to me that it may endin civil war."