The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-04-03
CONSTITUTIONAL HISTORY.
ME- GEORGE rrcKsoR CURTIS LECTURE IN

~ oEohok TIcKSoR CURTIS LECTURE IN
ASSOCIATION HALL.
Mr.. George Ticxnor Curtis delivered bis seeond
lecture on american Constitutional History In
Association Hall. last night. In com nieneing his
lecture Mr. Curtis said:-wnl Tho audience indulge
mo IN ntsie personal expla aa,ions /. received =
week or Two since, letter from gentleman one Of
the Now England States, part Of which Is somewhat
perssssnt TO tho subject OF this sven,ay,s
lecture. He says:-"Hnving just read your letter
10 Mcssrs Morgan, DIX aud olhers a en- "a.
duced TO ask you whether your lcc,arcs III 10
published" To. this I answered thai ~ &C.
lures will not no published bee ,use tove uaaer.
taken teach constitutional history 10 popuisr sa
diences which decm the best OF teaching "A IN
the present state OF popular knowledge OF the SUD
ject' The writer on in illustration Of one re-
marx in your lcttor alloy TO ala that in q recent
interview with mcmbcr OF The leading lay
arm OF this county. the late solicitor OF tins
city and graduate OF Dartmouth. he 70
marked that the relation which the States
hold to tho Union is essentially tho same which
the counties hold 10 tho State; and he was SIN
cerc-and not onehali OF Bar would assume 10
gainsay his proposition, hcpe that my
spondent Is mistaken, but OF course he knows tho
opinions held by his neighbours bcttcr than do. I
am sure. however, that such extremely erroneo 70
opinions not held any other latitude ongi-
,ude OF this great Republic by my professional
any other class. StiIl Il is worth the while
10 consider for moment what IL about the average
popular Knowledge Of those subjects. wo ex-
hibit an immense amount Of energy Ia our pegiodi-
party spir V un,nsse.ea IN many things xn,cS
II bchooves all parties to know. We have great
bers Of scve political leaders Of high and OF low do
no ono would ihlok Of imputing 10 these men any
grea. proficiency In the higher science OF politics
crowd OF we'll dressed well manncrcd men every.
whore to be met with IN society. whom everybody
rNun nv odg tAU.lv tstff2 ina
,iep, .:Bul OF gentlemen, how many ~ Ana tnep
no goes on 10 tell US 10 his sly way Of
his pen--,hat he counts his hero MajM DSobtn. I'M
doubleday Tor one. although sho Majors hands ana
clothes not OF tho cut So may ask con-
corning tho multitude Of politicians. Of all rauks
drcss-"Bus OF statesmen, how many 2, And al
though oach OF u.s. according TO party personal
one hero whom W. aocoun. statesmsr, il We we're
20 lay aside our prodiccsons and proceed 10
%Sn s %
our country Is AZ present ovcrs,ocked win that KIND
Of characters regard 70 the great body Of the pso
who raise and dcpress parties, and whose will uls-
mateiy determines all pubic ques,ions. hope shall
ZION that lnero is q general instructor 70
specting tho origin, structure and purposes OF
political institutions, considering what thcseiinstsu-
sions are.
FRAMING Tn. CONSTITUTION
M Curtis then proceeded with the reading Of hls
lecture and described the process OF forming con-
sLtuIion, out OF which tho Legislative Departments
oo. IN l7s which mos for u. purpose Of aso.s
tanning how tho government OF tho country could be
Eroaga: usder some central power; The line draw
and Middle States would DO Tree and In
tho Ave southern states slavery would re-
msin. Rhode Island not represented, and
therefore II was only representation OF twcvs
States Whatever else Tho political system OF Ameros
DO II must be republican. 1t was, therefore,
we'll consider what II and always been. Il
in upon tho exclusion OF evory form OF govern
~f.nxs
OF ruling. IL slso insisted that the people wero ;
sourco Of political power, that they did NOT hold
source but that theso rights were inal,snabls
ana original y was. however. imposs.ss %
recognize the great and siuDborn OF slavery ana
that this . fncs that was beyond their reach.
They could no. thus strictly bold tse equality Of man
and therefore they left IL TO 90 dcsn with by a,er
and higher civ,,za.,on. Tns germ Of the discus
eminent should be tederai-that IN which number
81 STATES wsse bound together by tic Of copicdsra
| IN their capacity sta,es-ana the other theory
| that Of national government. Tor all purposes,
for the government OF ALL and acting directly upon
the people These theories were earnestly discussed,
aud resulted In grating Of mixcd system Of tnose
two theories. THIS done by consideration Of
the OF representation by which the two depart
monts OF govcrnmcnt-lhc House of Representatives
| and tho Scnatc-were formed. Tho debates seemed
] 70 show that the rule OF suffrage with regard to
slaves wns that The slaves should 10 represented noe
s1a,ss oo porsso rn' s Norsae, m
persons IN tho computation OF representation.
and Governor Morris brought IN tbo proposition
that representation should DO regulated Nv the
OF taxation The knot OF these complicated difcuL
could only DO cut by the sword VI compromise
Judge Wilson, OF Pcnnsyivants, proposed plan by
which the vi the House of Represents
tvcs should DO accordancc win direct taxation,
for the purposes Of this direct taxation tho
Der OF inbab,tnnts each State should DO assumed
ss It's measure OF wealth. aud thss slaves 1
relation to- taxation should os In proportion
OF thrce-0iths only. Thus, after . long discus
sion, received n slight mobilization and became
House OF Representatives vas formed The next
question considered the principle that should DO
representative OF the senate. There distnc-
ton OF rank, ss In the English house OF Lords upon
which 70 found ana represent the senate. Many dli
cutics would arise " ~ represented the property Of
the state, and after conflict OF opinion tho prin-
cipc adopted which embodied the federal idca by
winch tho numerical majority Of the Stato should bo
check upon the majority Of the people OF the United
StateG
Mr. Gurus then proceceded to describe the effect Of
the civil upon the South, and said that u had
taken tho country ten years TO learn what 10 DO
done. Two alternatives had presented themselves I
either TO have Ireland upon our hands. In which
we should have country governed by terror, or tho
recognition and upon tho principal OF State
sovereignty. as principle that is inscparabls from
every true principle OF government. hut We had
out OF our difficulty IN much better way than
We thought We should
Tho next lecture, which takes place on Tuesday
evening next will deal with tho construction OF the
electoral sy stom tho counting OF the electoral
vota