Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1867-03-08

t--a 4 AhNASs anu Altute VI
By John Alexander Jameson, Judge Of
the Supreme Court Of Chicago, and Pro-
icsslr Of Constitutional Law, ETC., in the
Law Department Of the Chicago Univer-
s.iy. l vol. SyO. PIP. SCI. New York:
,rarl-s Scribner Il Co.
We have delayed a notice of this large
aul taudsomc volume longer than We should
have done. had not our regard for its author
who is we'll known to many of our readers
as graduate Of our University. and subse-
qu,n,ly connected with its board of H.
strlcIJn. and who once, for time, occupied
the editorial chair Of this paperkwhen 1t
f first came into the hands Of ITS present pro-
Vrigt0rs-led Us TO desire to give 1t a moro
careful ,zamiuatiDn than We can spend on
most 90 the new publications which find
tn,ir way 70 our table. Fhe book is Il
work Of four or five years Of study and re-
scare. on tie part Of the author. and none
+ Woo know his industry, high scholarship and
i legal ability. need he told that it is a most
valuable contribution to the text books of
constitutional learning. 1t is especially
/ timely and valuable at a time like this,
when Congress i calling on the people Of
. eleven Satc- to form new constitutions, by
means of Constitutional Conventions, under
which they may regain their lost Representa-
u1n and share IN the government. The
work las no pIciacg, but with characteristic
d.rocincss, and without a wasted word, en-
taTs ON TIC discussion Of the subject; which
is continued through eight chapters In
t.a lir-; JliSc jameson treats of the differ
cnt kinds Of constitutions. He divides them
into the Spontaneous convention, or public
meeting the Legislative convention, or
general assent ly. . the Revolutionary con
yen,ion; and the Constitutional convention.
lla Insists on the distinction between the
las. Two. lie tells US:
"Tlc Constitutional Convention. consider as
-l exotic, lomesticatei in our political system,
but iu 'ha process Sd transformed as 70 have
become 90 essentially different institution from
what's rIs ls . Rcvllutouary Convention. In
tir f'..-,irr rlges an attempt will be made 10
rHt...s fae accuracy II that view by inQuring
INFO t1e ias.i.lfion a al rs relations to the
public saI 1s o. the Government in its
various & .r .riut4ts. connecting with the the
---ieI -.a-.i--st1ns necessarily involved in
..- l--- historical sketches o. such con-
.s4-..l- .- mass ,aus tsr oecn held in the Uni
B B.,c a1lr sing himself u this question,
la. ---I.r. iu some preliminary chapters.
d,fnez the terms "soyereIgnty' and "constl-
tuition" Nlaiaain.n. that the people Of
the United States constitute a nation, be
q IS ti- riga. Of sovereignty residing in the
natl %. 90 Us supreme above all divisions.
lie holds, even. ";hlt the States ought to be
regarded 4s ezpadients subordinate to the
nation; -1b.-rvi. nt Ia al respects to it, IN
tercs.s. AMI therefore. it the nation So will, .
temporary.
r.maiuins chapters are. OfRequi-ites |
to ,hc Sovereignty Of Conventions, and Of |
theis History of the Organization and !
Modes a Preceding 5i Conventions of the
Submission of Constitutions to the people ;
ANA Of the Amanlmcnt Of Constitutions.
In reference 10 the submission of constitu-
ti9ns 90 the people, the author shows that Of
one hundred and eighteen constitutional !
conventions held in the United States,
"segea.y-eight have submitted their labors /
to the people, and forty have not :" but /
amoug .he forty are counted the secession F.
convent DOS in tie Southern States IN 1861, +,
and ;ac reconstruction conventions called by
Mr. johnson in 1865. If these are excluded,
as tkc7 ough. to De, it viii be seen. as the .
author remarks, that .'the prevailing senti- I
men. Of the country. from the earliest times, ,
has favored the submission Of constitutions
to the people"
In reference to the amendment Of eonsti- F.
tlti1as, lie reaches the conclusion that:
1T is not enough that a constitution provides
a mode for ei5ctug its own amendment; il is
necessary thai there should be developed a po-
Iucsl conscience impelling to make amendments
70 the written constitution, when such as are
really important have evolved themselves in the
constitution as a fact Our courts can in gen.
eral recognize no law as fundamental which has
not been transcribed into the book of the cOnsti-
tuition When great historical movements ike
those which have lately conyulsed the United
Stat have resulted in important political
changes. that are 50 c0nsummated and settled as
20 indicate a solid foundation in the actual con-
stiluton. they should be Immediately registered
by the proper authority among the fundamental
laws. Why embarrass the courts and fly in the
face Of destiny by refusing to recognize accom-
plshei facts? -
The author gives in hls appendix list of
no less than lj2 conventions which have as
samblcl within the last 90 years of our
country, for making or amending constitu-
tions The number Of these instruments Is,
@. course, less numerous. Mr.. Jameson says,
"A considerable number of constitutions
known to exist have not been able. after
much research, to find at all; but have sue
c1eieJ in ierreting out about eighty"
We can Of course, in such an article as
this, bur indicate the scope of the work. A
s--I-b--se ID facts and precedents not
4 readily accessible, made more valuable by
em5otying the conclusions of philosophlc
thinker, AMI c0ycrlns ground not hereto
i'r- discussed with -nything ike the amount
/ C.. us-areh and ere, Judge Jameson's
book VIII be Indispensable to the political
slui-at or American Statesman, and must
ldl Lrsely to the high reputation of its
author luli index completes its value as
| q book Of reference.
The Senate struck out the appropriation
made by the House Of $4,000 for Gus
/ tom House at Newport, Vt.
MR. HoPENs' communication, in another
column, touches the very nub Of the whole
discussion On the water question. There is