The sun., 1882-06-18
SOME NEW BOOKS.


The circumstances under which 1t was passed
and IN the light OF the explicit definitions or
implied understanding OF those who proposed
and those who sanctioned 1t. Is the specific
purpose OF Mr.. Bancrofts work. II the OK
FOUNDERS OF the Constitution have, in times
past, arrived at such divergent and irrecon-
cilabe deductions. it is because they have in
quircd, not what the trainers aud ratihors
of the instrument meant by q particular
provision. but what thoy should hayo meant.
and because they have appealed to ab-
stract considerations OF logic OF cNpcdi-
ency instead OF to attcsted facts. reluctance
TO be controlled by the Intentions OF the authors
OF our supreme charter was developed at an
early period and before tho Constitution had
been ten years in operation provoked the
earnest rcinonstranccs OF Virginia and Ken
tucky against the alien and sodition laws. The
resolutions passed by the Virginia Legislature
on that occasion were drawn by Madison.
who had been the leading advocate of a ma
tional as opposed to confederate system in
the Federal Convention. and was therefore
peculiarly qualified to dellno the limitations
which the Natlonalists themselves intended to
establish. In tho interval however. the inilu-
encc OF Hamilton. who had openly recon-
monded u monarchy in the Convention. and
who had only accepted the Constitution
rs tho bnst attainable concession had
become dominant in the Northern States
which accordingly disregarded the solemn af-
frmation of the man who, more than any other
must be credited with introducing the national
elements in our organic law.
like disposition to evade the intention Of
the trainers in the interest Of the thing framed
and to elucidate the Constitution by geograph-
ical necessities and national interests. was
exhibited by Webster. who. In his controversy
with Haync, did not succeed in breaking the
force Of Madison's declarations. although he
convinced the Northern States that il his own
view of State subordnation was not right, it
ought to be. The spirit Of reckless and defiant
departure from the plain meaning Of the in
strument and the attcstcd purpose of its
authors reached n climax in Thaddeus Stevens
who made no secret of his contempt for the
Constitution.
1t is natural that a written instrument. which
can only De amended by the cumbrous and diff
ncult process recognized by our own organic
law. should sometimes wear the aspect of n
Bwathing cloth Il strait jacket, and should
seem not sufficiently elastic for the play of ex-
pansvo forces whose energy is unexampled
The impatiencc. however. of constitutional
limitations would scarcely have been exhibited
at so early date, or been carried in later times
to such surprising lengths, had not the materials
for determining the purport and intent of the
organic law been deplorubly defective. No Of
ncial record was made OF the speeches in the
Federal Convention. although when we con-
slider that almost every important provision Of
the Constitution was the result of q compro-
mise, the Importance Of ascertaining the pre-
else sense in which the terms Of the compro-
mise were understood by the parties should
have been obvious. But q majority of the Con-
vention were unwilling that their expressions OF
opinion and the successive notifications of
their views should become known to their con-
stituents, while the fate Of tho Constitution
was still uncertain and it was seriously pro-
posed to burn even the journals of the Con-
vention, which contained merely registration
OF motions and votes. lest. TO quote u distin-
guished Nationalist, Rufus King "a bad
use be made OF them by those who would wish
TO prevent the adoption Of the Constitution"
Finally il was decided that the journals should
be deposited in the hands of its presiding Off
Ger tWashington). to be retained by him. sub
iect to the order Of Congress, If ever formed
under the Constitution"
AS to what was said in the Convention respect
ing the purpose and meaning Of particular
clauses we are obliged to rely on the unofficial
reports of individual members. Among these
should be specially cited long and de-
tailed account OF the proceedings in the
Convention. made by Luther Martin to the
Maryland House Of Delegates. and the
minutes of the debates taken by Robert Yates
of New York. who however, left the Con-
vention on July g. 1887. when it became
evident that Madison and tho Nationalists
were to exercise a decided preponderance. But
by far the most precious contribution to our
knowledge of the debates in tho Convention Is
furnished by the diary kept by Madison him
self with the purpose OF supplying to the
future student information relating to tho
rocess. the principles the reasons. and the
anticipatons which prevailed in the formation
OF our organic law" The author Of this inval-
uable account tells us that he was not absen /
single day. nor more than the casual fraction
OF an hour in any day. so that he could not
have lost q single speech. unless very short
one" and that it was his custom " to lose not a
moment unnecessarily between tho adjourn
ment and the reassembling of tho Convention y
in writing out his notes Now it is true that
these minutes of tho proceedings in tho Fed
eral Convention made by Mr.. Madison are not
clothed with the authority OF official records,
and that exception might be taken to their bias
by Martin. Yatos. Lansing. Gerry and other
champions OF State rights who were opposed to
the principles which, on the whole, proved dom
inant in the Convention. On the other hand the
moral authority of Madisons report is strong,
il not conclusive. against those who would
give larger powers to the central Government
than appear to be sanctioned by his minutes
for it is unreasonable to suppose that the most
conspicuous and strenuous supporter Of ma
tiona system would not give the definition Of
national powers all the scope to which they
were fairly entitled by the declarations and
mutual agreements Of the trainers Yet strange
to say not many years had gone by before the
National party in tho Northern States (which,
BY a strange misnomer. became known as the
Federal party had become 80 thoroughly i'm
prcgnatod with Hamiltons IDEAS and had ad-
vanced 50 far beyond the position taken by Na-
tionalists in the Federal Convention. that the
authority Of Madison had with it little or no
weight and Madison, who had only with tho
greatest dincuty carried the Constitution
through tho State Convention OF Virginia, had
to look aiterward for Difference and adherence
To his views Of our organic law to the very men
who had most firmly resisted its cnactmcntl
1t is the capital merit II Mr. Bancroft's his
tory that he Is not At all concerned about what
Hamilton and tho FcdcralistS said tho Consti-
tuition ought to be ten or twenty Vslrs nftcr itg