, 1866-12-19

to that Of the best writer's Of our
ines.
In the opening chapter the different kinds
If Conrcntton-the "Spontaneons Conrcn-
Ion or Public Meettpg," the Legislative
or General Assembly," tbs Ire.
'0lutionary Convention" and the "Consti-
utlonal Convention''-are distinguished and
lcscrib ed
In the following chapter the important
Lop!c Of "soseEeignty" and Its locus in this
country, Is discussed ut length-the author
that 1t mnst be held to In.
here not In the States, which were never eoy-
crciEn, nor In the United States, but in tho
DsoF|e ofshe United States, considered not rs u
mere aggregate Of Individual sovercigns, but
MS corpurate5sunlt. mud Disseminated
In Practice, for purposes Of convc-
nience, and to permit advantage to be taken
OF State machinery In certain points, into
groups BY Sfates. This question Of sovereignty
-taken In connection with the" powers Of
subject Of subsequent
chapter, is the pivot upon which tho whole
book turns. The authors views upon It,:
presented With great perspIcuity and force,
and elaborated evidently with exceeding
care, give color to the entire treatise, md to
them We especially invite the attention Of the
thoughtful render. From the close Of this
chapter We quote the following passage upon
tue question of"state rights':
"undes III Consultation Of the nation. COM
zach state ts permitted BY The Sovereign TO irame
for t1s Owl people its local Constitution subjoc.
slsys 70 ths fn.rs,es Of the Sa.onsl ogseIo
IN re scffe t11Her As II they had ne,thcS Slate
nor Federal teIst!ons-as ihos:h the S.sts were
State u nelthcr. ID p.eeioc upon = local eons,t.
lntion The people Of State are performing del.
e SS4ss S,i ie,Sons1s''ng y, ,Sa ,os ~ and
to.ereian po1er Belonging only T 10 sne later.
That this Il the o., cha ractcrisuc, sod BY far 1ls
os. y.usn'e Or ~ ne fsaSres ., ae
at all affect ~ intrinsic character a abose ex-
Rlalned; MEh . psopc1 dearitfon Of States
hi:et.. he3 e.; sr5y !o;et Of his eonnsr., and ey-
mans bu1 that definition mu.t be such a. Il isare
:. country 10 lose-h thing possible only when tie
he nau suese:1leat IL ii :espees to il ,a a.
p51ars," % p. q: t''' a' 'D' D''''" 80 VIII 'e"'
In the course Of this discussion Of soy
ercienty, the question Of " What It Il to 0e
II nation :" Is examined, and the fact shown
that every condition necessary 10 confer that
runk, meet In the history aud present posi-
tim Of the United Siatcs-a proposition
which Mt the start would probably be admit
ted by those most opposed to tho theory re-
spcctlog the powers Of Conventions advoca-
ted In this work. but which admission they
will discover rs tho authors argunauat pro-
ceeds, bears with damaging effect upon their
theory at last.
In this connection, aftor the remark that
"thc most prominent characteristic OF our
- American constitutional history Is cou-
''stant aud irrcpressible tendency towards
II Union" and an enumeration OF those his
torlcal periods In which that tendency WAS
most stsIkipgly iudic.tcd,-the following
passage occurs, which VIC quote both for the
powerful argument Included In Its statement
os facts, and also rs IN Illustration of thr
manner In which frequently, throughout the
ho"k, TIE constantly observable qualities o!
:arneslucss and dignity lu the style rise nAtu-
rally to e1o1uencc:
.1lns st:he,ne q unlon wa. formed, in 1:il by
H n'T S4 Il Fl u :sss1 r. ID, x
'"o 1ssulfin. II the stcvo1u' ion,ry Congresses
pfcet ding tho Confederation tn 1854 By lhireeo,
'er; il 176e Is thir.esr, with less Tcrnctane,-it
may almost be eaiu With escr1ness-foundinc The
p:eeeni establishment; md ia is8,-s, by twenty.
disle.at s.a,e<. by io"en Of arms crrshfnx Tho
possE Of faction seeking 70 destroy TIC CnIon:
"Wi;heat ps'.snl'ssuss ,sl s;S seope e eaeh e
with which all readers Of our history arc familiar,
II is enough to observe That tEe drst wls slas1c
lracrc OF inuI New England coloafes against thc
the lao following were etmi,sr IL their general
.,urro$e. brl hrosdeT In lr:eEt aid compass; lne
o1, ~ q a. s5a;s.d ;Sose ,S ese ofG.des @
tiia'n the si1th ". the nr.t sornaai and regular
america, but undertaken Ntth srch fsar snd jesl.
s1ts TINT The s!bte:a established stood only so
long .: 7! wa held together bJ pressure fun
idea of cenftderas1on. xnd the Introduction Of
tue eGreeption Of Sauonal Government h5 the
siaie Gosernncrts being at he SANE 81: umc e shofn
Of nnch OF tte1r former poEer, and rcle-ated
to .he .eeonaag pot,tioa held hy them As colo.
wae that in wnteh two million ncn ia arms
haSc. il one day. slammed with Condemnation
she h.1tsy Of secession, and denied The n.affui
TtHs OF dttnEton either aA fact or theory: thus
giving 70 that series Of acts md charters by which
Inc rights Of tha colonies wsee defined ant caar-
De interrrcc tkat Enion@%lhe % soa.o1iaailo5 % e
rs Tsr'ons communities forming the United
coloniss ,o ,s 1nto ons peorie. one t.tion-was at
amet consciously. and sometimes uneouscious-
HehieEsa'Ied, OF the mtn OF all umes In America"
AMER consideration Of Constitution, dIs-
tngu!shed ns written and unwrtttcu, and IN
interesting incidental enumeration OF the re-
@atlre advantages of each, the book proceeds
10 examine what conditions arc necessary In
order 10 stamp Constitutional Convention
with lecality-with "legitimacy."~ After
showing such conditions to be first, tho COZ
6ormity Of the Convention, In Its reception,
to the Law Of the land, and
!Secosd-The conformity of tho law itaelf
and the proceedings in which 1t originated
" TO the fundamental principles of the Con-
stitutlou aud to thoac prudential ma1ims
which detpe the limits and conditions
Of a safe constitutional rule from the poInt
Of siew Of the existing Government: - the
TEST such conditions furnlfh ID applied In
succession 10 every conrcntlou heretofore
held In th{a country, including the Reyolp-
sionary Conventions Of the last century and
the recent Southern Secession Conventions:
stating the malu points bearing on the
subject Of discussion in the history, and de-
fermiping the character Of each, and thus
With great labor bringing together and sys-
Eematic.lly arranging masa Of material
uncollected, and get collection.
'ne would judge. Of indispensable impor- |
lance to the constitutional lawyer aud states
HAIL.
So little critical attention has, rs NC appre~
bend, been directed to the particular matters |
embraced In this, the fourth, and in the |
sixth chapters, that VIC donot whether there
5 score OF men in the country 20 well In
osmed as not to be able to gather from these
PORTIONS much that is valuable and before
unknown 10 them-muca tho statement Of |
which vii! strike them with entire surprise,
wen respecting the history and claims to |
ecularity Of Constitutional Conventions
acid In their own States.
We cannot too highly commend the h.
'orfons and faithful tho1oughneas of this
'ostion ofthe work, nor that firm grasp of |
It's subj ct which could alone hase enabled
he writer 10 20 through the whole tancled
mass constituting the history Of American
Constitutional Conventions, subjectine every
hing to the test Of principle, and cntlced by
10 arguments. no matter how spec,ous. to
he right band or the left.
The chapter treating Of the Reorganization
nd Mo1ea OF Proceeding Of Conventions
the subjects Of credentials. rule.
# order, the employment Of committees. and
thcr practical topics, will not be deemed
he least valuable portion of the work to
hose who sSail hereafter actually ps.tici,
'atc In tho deliberations Of such bodies,
"The poaa<7s Of Conventions" !" the heart b