We are accustomed to say that the machinery of government incorporated in the charters of the early American cities, as in the Federal and State constitutions, was worked out by men who were strongly under the influence of the historians and doctrinaires of the eighteenth century. The most significant representative of these men is Thomas Jefferson, and their most telling phrase, the familiar opening that "all men are created free and equal."We are only now beginning to suspect that the present admitted failure in municipal administration, the so-called "shame of American cities,"may be largely due to the inadequacy of those eighteenth- century ideals, with the breakdown of the machinery which they provided. We recognize the weakness inherent in the historic and doctrinaire method when it attempts to deal with growing and human institutions. While these men were strongly under the influence of peace ( 32) ideals which were earnestly advocated, both in France and in America, even in the midst of their revolutionary periods, and while they read the burning poets and philosophers of their remarkable century, their idealism, after all, was largely founded upon theories concerning "the natural man," a creature of their sympathetic imaginations.
Because their idealism was of the type that is afraid of experience, these founders refused to look at the difficulties and blunders which a self- governing people were sure to encounter, and insisted that, if only the people had freedom, they would walk continuously in the paths of justice and righteousness. It was inevitable, therefore, that they should have remained quite untouched by that worldly wisdom which counsels us to know life as it is, and by that very modern belief that if the world is ever to go right at all, it must go right in its own way.
A man of this generation easily discerns the crudeness of "that eighteenth-century conception of essentially unprogressive human nature in all the empty dignity of its 'inborn rights.'' [1] Because he has grown familiar with a more passionate human creed, with the modern evolutionary conception of the slowly advancing race whose ( 33) rights are not "inalienable," but hard-won in the tragic processes of experience, he realizes that these painfully acquired rights must be carefully cherished or they may at any moment slip out of our hands. We know better in America than anywhere else that civilization is not a broad road, with mile-stones indicating how far each nation has proceeded upon it, but a complex struggle forward, each race and nation contributing its quota; that the variety and continuity of this commingled life afford its charm and value. We would not, if we could, conform them to one standard. But this modern attitude, which may even now easily subside into negative tolerance, did not exist among the founders of the Republic, who, with all their fine talk of the "natural man" and what he would accomplish when he obtained freedom and equality, did not really trust the people after all.
They timidly took the English law as their prototype, "whose very root is in the relation be" tween sovereign and subject, between lawmaker and those whom the law restrains," which has traditionally concerned itself more with the guarding of prerogative and with the rights of property than with the spontaneous life of the people. They serenely incorporated laws and survivals which registered the successful struggle ( 34) of the barons against the aggressions of the sovereign, although the new country lacked both nobles and kings. Misled by the name of government, they founded their new government by an involuntary reference to a lower social state than that which they actually saw about them. They depended upon penalties, coercion, compulsion, remnants of military codes, to hold the community together; and it may be possible to trace much of the maladministration of our cities to these survivals, to the fact that our early democracy was a moral romanticism, rather than a wellgrounded belief in social capacity and in the efficiency of the popular will.
It has further happened that as the machinery, groaning under the pressure of new social demands put upon it, has broken down that from time to time, we have mended it by giving more power to administrative officers, because we still distrusted the will of the people. We are willing to cut off the dislocated part or to tighten the gearing, but are afraid to substitute a machine of newer invention and greater capacity. In the hour of danger we revert to the military and legal type although they become less and less appropriate to city life in proportion as the city grows more complex, more varied in resource and more high-( 35)-ly organized, and is, therefore, in greater need of a more diffused local autonomy.
A little examination will easily show that in spite of the fine phrases of the founders, the Government became an entity by itself away from the daily life of the people. There was no intention to ignore them nor to oppress them. But simply because its machinery was so largely copied from the traditional European Governments which did distrust the people, the founders failed to provide the vehicle for a vital and genuinely organized expression of the popular will. The founders carefully defined what was germane to government and what was quite outside its realm, whereas the very crux of local selfgovernment, as has been well said, is involved in the "right to locally determine the scope of the local government," in response to the needs as they arise.
