, 1878-02-06
WEDNESDAY FEBRU AIRY 3, 1873
THE PROPOSED STATE CONS7I-
TUITION

Few subjects have been commented
npon more largely by the press OF the
Territory, since the adjournment ot the
Legislature, than that of the Constitution
10 be adopted by the Convention at
Walla Wala next Summer.
They greatly err who suppose it to be
an easy task to draw apractcal, working
constitution for given state Of society,
,,r that he who is good representative
s,r legislator would necessarily he tit
man t. assist in drawing constitution
ior the government: of that community.
Societies grow; laws represent the ever
changing phases of that growth and, to
II certain extent, must change with the
changing features of society, whether
those who claim to make the laws, tor
the time being, wish it or not.
The best legislator usually is one who
who has personally felt some inconven-
renee OF an existing law, therefore is
earnest for change; and proposes the
specific change which lie and his constt
aeuts feel to be necessary. This specific
change becomes.the law or rule of action
which the judge in court applies to the
particular cases as they arise between
different parties. Those insenslble mod
lfcations every day taking place in soci-
sty, effect far more important changes in
oui laws, as we'll as in society in general,
than the enactments of our legislators or
even the decisions of our Judges In
TACT, it is the social spirit that underlies
the legal enactment, that is far more
important than the law itself. Thus the
great majority of the positive provisions
of law, from here to China, across both
both Europe and Asia, ds not differ very
widely among the different nations; the
real difference consisting in the spirit of
the people, or the method OF administra-
ton of the positive provisions of law. 1t
10 this habitual method of administering
the law that forms the constitution of O
country. II the whole body of the law
is administered on the basis of class
privilege or arbitrary prerogative, we
see the varied forms of despotism that
have disgraced the earth,
A long step in advance of this is to
see the demonstrated beneficial results of
the past struggles of society in its pro
gress toward civil liberty, established as
n faith or belief which those in authority
areforced to recognize; much in the same
way as the leaders of the Unitarian
Church teach as faith, those principles
Of rationalism that have been demon.
strated to be true, or founded ON truth,
in the struggles Of the race toward relig
ious liberty.
The so-called English or British Con-
stitution is of this order. No attempt
has ever been made to formalizs it or
to reduce it to single written instru.
ment. To know it, one must know
English history thoroughly; yet its lead.
ing principles are we'll understood. The
British Constitution is representative of
some Of the grahdest struggles for civil
liberty recorded in history; but, being
representative of an unfinished struggle,
its details rest only on the conflicts of
individual political faith or opinion.
The highest step Of all is reached when
those great outlines OF liberty are system
stized and enunciated in the fundamen-
tai rule Of government or Constitution OF
nation like that of the United States
This invaluable result OF centuries OF
contest for liberty is enduring becAus,