The Bar as an Institution of the State Page: 8
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-8as
a public reproach, but as an injustice for which the right of
private property is chiefly responsible and therefore open to
general indictment. The factors of political supremacy are no
longer, it seems in the estimation of many, the appeal of men
and measures to the approval of a common citizenship united
in the bonds of a patriotic solicitude for the general welfare,
but their address to distinct classes and diverse interests, and
commending themselves to the public conscience only through
the selfishness or resentment they may provoke in the )breasts
of men.
At such a time that class of political thinkers -who have
never hlad but little faith in our organic theory of governnmental
powers; who have never recognized the opportunity
for usurpation and tyranny in their consolidation and exercise
by an uncontrolled authority, and have therefore never' acknowledgoed
the wisdom of their distribution into distinct departments,
leach with inviolable functions and independent in its operation;
w ho have never learned that a constitution is a selfimposed
limitation by the people upon their own sovereignty, a
charter of individual rights which are not subject even to the
will of majorities so long as its provisions stand; who are impatient
of courts and jealous of a dispassionate and orderly trial
of men's rights, and have overlooked that in these tribunals the
people have reposed a portion of their supreme authority because
of its being incapable of practical exercise for the adjustment
of human differences and disputes by any other means; who
have never conceded a liberty in the citizen that was not held
merely in abeyance and at all times subject to legislative sufferance
and disposal; whose conception of individual freedom is
the license to enact a codeless myriad of laws for the persistent
regulationn of private conduct and the reduction of all human
activities to statutory rules and measurement; who regard the
people as made for the exploitation of governmental theories
rather than the concerns of individual life and the contentment
found in its private pursuits; and who would reform the world
not by lifting up men and their environment to the higher
planes of usefulness and happiness, but by reducing them to
an inferior average and a commonplace level,-always flourish
in the renewed opportunity to blame the present order for
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Texas Bar Association. The Bar as an Institution of the State, book, July 2, 1913; (https://texashistory.unt.edu/ark:/67531/metapth38099/m1/9/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Austin History Center, Austin Public Library.