y would, we fear, be no better than the
constitution provided by the Senator--by the statesman--from New York.
"All men are born equal," says Montesquieu; but in the hands of such a
thinker no danger need be apprehended from such an axiom. For having
drank deeply of the true spirit of law, he was, in matters of
government, ever ready to sacrifice abstract perfection to concrete
utility. Neither the principle of equality, nor any other, would he
apply in all cases or to every subject. He was no dreamer. He was a
profound thinker and a real statesman. "Though real equality," says he,
"be the very soul of a democracy, _it is so difficult to establish, that
an extreme exactness in this respect is not always convenient_."
Again, he says: "All inequalities in democracies ought to be derived
from the nature of the government, and even from the principle of
equality. For example, it may be apprehended that people who are obliged
to live by labor would be too much impoverished by public employment, or
neglect the duties of attending to it; that artisans would grow
insolent; and that _too great a number of freemen would overpower the
ancient citizens_. IN THIS CASE, THE EQUALITY IN A DEMOCRACY MAY BE
SUPPRESSED FOR THE GOOD OF THE STATE."
Thus to give all men equal power where the majority is ignorant and
depraved, would be indeed to establish equality, but not liberty. On the
contrary, it would be to establish the most odious despotism on
earth,--the reign of ignorance, passion, prejudice, and brutality. It
would be to establish a mere nominal equality, and a real inequality.
For, as Montesquieu says, by introducing "too great a number of
freemen," the "ancient citizens" would be oppressed. In such case, the
principle of equality, even in a democracy, should be "suppressed for
the good of the State." It should be suppressed, in order to shut out a
still greater and more tremendous inequality. The legislator, then, who
aims to introduce an extreme equality, or to apply the principle of
equality to every question, would really bring about the most frightful
of all inequalities, especially in a commonwealth where the majority are
ignorant and depraved.
Hence the principle of equality is merely a standard toward which an
approximation may be made--an approximation always limited and
controlled by the public good. This principle should be applied, not to
every question, but only to such as the general good permits. For this
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