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THE FORGOTTEN MAN AND OTHER ESSAYS

from popular tyranny as much as from personal despotism. Indeed, they recognized the former as a great danger, the latter as a delusion. They therefore established a constitutional republic. The essential feature of such a system of government (for it is a system of government, and not a political theory) is that political power be conferred under a temporary and defeasible tenure. That it be conferred by popular election is not essential, although it is convenient in many cases. This method was the one naturally indicated by the circumstances of the United States. The system which was established did not pretend to give direct effect to public opinion according to its fluctuations. It rather interposed delays and checks in order to secure deliberation, and it aimed to give expression to public opinion only after it was matured. It sought to eliminate prejudice and passion by prescribing beforehand methods which seemed just in themselves, independently of conflicting interests, in order that, when a case arose, no advantage of procedure might be offered to either party; and it aimed to subject action to organs whose operation should be as impersonal as it is possible for the operation of political organs to be.

Democracy, on the other hand, has for its essential feature equality, and it confers power on a numerical majority of equal political units. It is not a system of government for a state with any but the narrowest limits. On a wider field it is a theory as to the depositary of sovereignty. It seizes upon majority rule, which is only a practical expedient for getting a decision where something must be done and a unanimous judgment as to what ought to be done is impossible, and it makes this majority the depositary of sovereignty, under the name of the sovereignty of the people. This sovereign, however, is as likely as any despot to aggrandize itself, and to promulgate the unformulated doctrines of the divine right of the