The New York herald., 1876-07-24
LITE r A r U r E.
THE AMERICAN CONSTITUTION.

TdE AMEhlCAN CONSIlIUIlON.
VIEWS OF GERMAN WRITER ON THE REPUB-
LIc AND IT'S FOUNDERS
TnE CONSTITUTIONAL AND PoLIrIcAL HISTORY THE
UNITED STATES By Dr. H. Won hoist Vol J.
Laor and A. B. Mason Callaghan Co., Chicago
This singularly candid and able book is by profes
In the University of Frieburg, DR.. Ii. Won Hoist
Dr. Won Hoist has brought 10 his task German in
dustry and the advantages which come of German
habits OF scientific study He evnccs besides strong
natural dscernment and energy of judgment which
the gift OF nationality, but which DR..
Won Holst's own The opinion which he pronounces
upon constitution and upon our constitutional his
tory would, suppose be said TO be very unlavor-
able. Dr. Won Hoist himself to think that his
book will not be well received among us; but he
possesses opinion which of itself is sufficient
make him friend There is nothing IN his book to
indicate that he prefers form OF government TO
another He considers all democracics to be subject TO
manifold evils; but he recognizes that democracy is
the only form OF society possible among us aud
he believes that through many mistakes
we advancing 10 higher and better state. But OF
our constitution and its trainers he takes
tirey different from that held by American
and by most OF our foreign critics When he came to
this country he author has passed years among
us) he prepared to admire. Laboulaye, he tells
Tor long tine on the wrong trail because he
ever looking about Tor something particular" " some
thing different from what he hai and read OF else
where He had mbibed the impression that con.
stitutiOn the product Of preternaura wisdom and
virtue and that Its trainers, the Fathers demi.
gods He only reached solid and satisfactory ground
when he discovered that the Gathers were dem
GODS but men, and that the constitution, instead Of
being the perfect result OF superhuman political wisdom
was by means perfect, but simply the best constu
tion that possible at the time. 1t will be
bered that this latter opinion the put forth the
Fsderaiia Hamilton only claimed that the Convention
had done wonderfully we'll considering the difficulties
they had contend with. DR.. Won Hoist writes
concerning the constitution IN very different strain,
md one much less faterng 10 our feelings than De
vocqueville. We have no doubt that the main he
Is much right than the Frcnchman, as it is
patural he should be, seeing how much the recent
history OF the country had helped 10 elucldate the
subject OF the constitution But Dr. Won Hoist cmits
TO say some very true things which Do Tocqueville
said De Tocquevillc saw little to admire in our Revo-
luton The spectacle OF people struggling CALAMITY
against tyranny WAS by no means new III the world,
una the ODDS against US were not so great as we had
Imagined. What De Tocquevills do admire, what he
said had never before been in The history
world was the attitude taken by tho people at the Time
Of the adoption OF the constitution. The people
themselves drifting 10 financial, political and perhaps
social ruin, and. pausing IN the midst oil the
confusion, they were able to set up and
obey government which many OF them hated and
which nearly all of them feared. But from DR. Won
HOSTS book should infer that this b.
new and surprising thing In the history oil the
He has htts say in praise OF any OF the fathers
unless u be Hamilton, and with regard hun We
are left IN doubt as TO whether Dr. Won Hoist considers
him great statesman
pmits to make have had much from other
writer's that We well forgive the absence OF in his
work. Tne theory Of the formation ol the
tion which he SO ably presents we think, must be ac-
copied as IN the main Dr. Won Holsts theory
o. the constitution is mat though lar from perfect
though iu oil iauts hau 1t not been Tor these mper-
fectons II could never have been at ALL The republ
cans, alter bitterly lighting the constitution, suddenly
surned round and oudld the federaiss IN their dcvo
lion TO IT, In the crecds OF ali parties the constitution
became supreme; but 1t was made To mean anything
wNich The parties wished it to mean. constitution
which lett IL IN doubt whether the government or lne
State was sovereign, whether slavery municipal
Institution institution of the country could not
be called perfect and certainly should not be held up
Tor the absolute imitation OF the world. But IL
absolutely necessary 10 lave government, and
necessary that that government should not be made
strong that the states would not accept IT, Slavery
was, oi course great evil; but right break
up the nation to get rid OF ity Dr. Won Hoist himself
TO think would have been better If the
battle between opposing principles had been earlier
drought on. but 'he national sentiment was SO long
In forming that slavery allied from the first with the
doctrine OF State sovereignty, had time to intrench
itself IN position OF almost mpregnabe strength be-
Tore the country was ready 10 attack it. Ii might have
been possible to wnge successful light with slavery
and State sovereignty carrier, aud TO do what We have
done lately AT a less cost Yet who can telly
But DIR. Won HOSTS structures upon the
pusillanimity OF the North therefore none the
less deserved. HIS account OF the slavery
quarrel OF the interesting
parts the book Dr. Won Hoist takes the position
that the world is much mistaken IN It's notion that
deeper shadows oil slavery did not appear I'LL
paratvey recent date 1t rs true That the articles Of
bhe so-caIed association" adopted by the nrsI Con.
yress In l774 forbade the importation of slaves and 1t
true that this prohibition was repeated In April 1916
Bot, even early the time OF the Declaration Of
Independence but lew mouths later the suggestions
Vt interest had rcady begun to be listened by
Bouth. In the Draft OF the Declaration Jefferson had
bitterly complained OF George ILL., because be had Tor.
bidden the attempts part oil the colonies
prohibit or restrain this execrable commerce. But
bhis passage struck the request the dele
yates IRON Souln Carolina Georgia The encroach
hents oil slavery increased IRON TINS time The
barbarous doctrine that 1t was incumbent upon a tree
negro 10 prove himself ree rather than Tor hs cap,ors
~ prove hlm siave Was subst sntiay adopted by
Congress early lSO In that year resolved
mat the laws OF Mary land and Virginia should
In force within the District oi Counba According
these laws u negro who could prove his freedom
liable to iIpprisonmen and was he not able pay
hc fees and rewarus gwen by law for apprehendn ing
iunaw ays he 10 be sold u slave
Tns history IN the main may be said 10 be rather
more favorable to the iederaliss than TO the repub
nna But the authors treatment even Of them is by
10 means iaudaoy. strictly and legally he holds that
he national party was right 1t was OF course, right
in the ends desired 10 accomplish, but theory Of
The nature OF the government legally the correct
So lar as concerned the action Of the Congress
toward England there was no legal right whatever the
lct was simply revolutionary. But the States aid not
pass from position c dependence upon England to be
Airee and independent" they passed AT once into
posuon OF suCorcEation W tue ConSresA Inc ''peO
pic, assembled in Congress- made the Declaration
Che States became 'free and ndependent' only TAR
n the new government gave them freedom aud indc.
pendence This the law OF the matter undoubt-
ldly '.l am longer yrginlan, " said Palrck
Henry; al al American - But when the war
vkich had held them together ceased the people began
remember their accustomed State feeling They had
rown up not as Americans but as New Workers, Nir-
rnians, &c-, and they could not change in day The
NV a-d reason were on one side; the the
Dther, and understand DR. Won Hoist say that tho
constitution though very imperfect the possi-
M -
facts
This history is, as the title says, a constitutional
history. Ii contains little that is personal and the
Iuthors few characterzatons ol the great politicians
H the time do not strike equal the the
work. or John Quincy Adams he says Adams
both as = statesman and an individual resembled his
hthsr IN many respects. He of an earnest deeply
mora nature, ana knew how stamp tins character
upon his administration IN degree which, compared