New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-02-12

| 10y small companies Of men, many of whom
%ay that m %sT truly 1"uons could grow up
I was not the exis Ing England reprodn ed but new
times had largely back and the settlers, while
bringing English feelings and English laws with them,
worked those laws and feelings in many respects INTO
institutions Of an earlier type 0an those which they left
behind them u the mother country Inc settlers were
driven many Of H. improvements or cOrrup-
tons may choose TO call them. which had over,
Swallowed the elder institutions OF the motherand ana
larg y TO fall back the primitive form of those insli-
tutons In some settlements the primliiye democracy,
OF his people which had died La been utterly
oversiadowed everywhere in Europe save in a lew of
the Swiss cantons appeared again on American soil in
But The institutions which thus grew up in the Ameri-
shape in the New England colonies after all insti
tutions essentially local Even those which reached
the LesislsI%res Of the sre%teT colonies, were
still in the strices sense provincial They were not the
as local freedom though carried perhaps to The iarthef
merely local There could be no National INSTITUTE tin
Nation was formed and Nation could not be formed
beyond The At last the mother country went
step too far In reminding her distant provinces that they
wcre,provinces Englishmen this lid" of tue ocean
had no more mind tn Engli linen the other TO be
taxed by assembly in which hcyiweie not represented
snen became free and independent States no longer
provinces Of the British Crown, but colonies OF the Eng
| lsh people more truly than ever.
| WHAT TIE UNION WAS THE RESULT OF.
In the third England the second, strictly national
union came from the joining together Of many smaller
local bodies and union was in both cases largely ad-
| vanced by a struggle with common enemy. But the
different crcums of the two cases caused the pro
cess union take quite different forms in B1ton
and in America. In BritOn besides the occasional ara
precarious supremacy Of the British natives, there was
no political lie any kind among the many Teuonic
| States up to the conversion. Engllshmen had no
But in America the several colonies members of
a greater whole They had common tie III their alie
| glance 10 the King of Great Britain. ,.
| Ay1n in nil
yader In Am RIGA the common enemy was no o hi
than the common head tn King OF Great b 9
OF the several states by one greater ate Inc cee OF
sorpon of several sparate powers into one lul Wle
the enemy rs in America, was thai prince nose
comm n headship the only potcn tie among me
sen RATE settlcncrs things naturally took another
course That course did not lead to the same complete
come to pass ages Def re among the English settle
ments in Britain. Absorption OF the lesser colonies by
larger one could not be while all alike admitted 'e
| supremacy OF common King IL c0ud not pe
in tue face of the common danger Waeh we ne
he withstood The struggle showed the need Of union,
hut for the moment it brought peiief, dsnIo heh
the Tie snapped there vas no oher ready naie
newer tie Ia to he created among states Whch zen
the need OF uniO1 but which had no mind to g1vc nra
independence; that lie naturally took teIelil shnpe
First cane tlc la1er Unicn wcA needed to declare at
N TaS 10 Which S needed not TO declare itself perpetual
seeing perpeu was implied in ts increased prrecilo
And the Federal Union necessarily tooh IePuoho"ii
| form.
| THE UNION NOT NEW THING.
win il now be set down as yet another paradox if say
| that the COns uoD Of the Federal commonwealth Is
really not thing, but only modification OF the
constitution of The consolidated king Tom The differ
ences are many could not fail to be when the chang
Of crlmsa nces was so great but far more to be
dered AT is the amount of likeness than the amount OF
| unlikeness 1t would have been no hing strange II
the founders the American Constitution had made
as unlike they possibly could to the Constitution OF
Great Br ain Instead o. doing, they made it rs like
20 the older model the circumstances OF The two ces
allowed Read what the founders OF the Constitution
say of themselves in that wo deliul DOOM nc FeIer
ais Never were men further emoved from the char
ac err of reckless nnOvaOr han were Hamilton Madison
more co scryaiive than tey fought II wise to proclaim
TO te world Anyhow they preserved the main outlines
OF the old model The ttree great elements OF icutohc
poty the ruling chief tIe council OF the elders ana
work no less than in the older. The vulgar mind
| thinks the difference must be something amazingly
great because ruling chief IL the one lana j. heredl-
student of constitutional history looks on this as small
difference compared wi that which parts oil both King
and President from are Oh 'nss %ne G dr m
ruling chief at all as III the case OF the swiss fcderal
somcthng more than an Other house" II is merely
traditional like the British House of Lords nor merely
e essential part 10 Of the federal system
really needed TO cmbody the rights Of the several free
and Ind pendent States s the House Representatives
nenr And Vet doubt if the lea Of the Senate would
nave come the head any man who was not familiar
| with the British House of Lords. Remember that
Common then throughout the world the combined
| ample of Britain and America has made them since
The main point of mlikeness between the Engnsh
and American Constitutions may be said, II may be al
lowed another journey into the reSlons OF paradox 10
consist in the fact that there is Consul ul4n IN amer
| lea and that there ia no Constitution IN England, !
mean that in America there is written document called
the Federal Constitution, which lay down me exact
powers of the different Federal authorHs, whlch can
not be altered by ordinary legislation Gnt o ny
eyynst1uto spe'i' Itself E" In England there Is
| nj ed beyond ordinary legislaion; nothing watch
King Lords aud commons acting togc her cannot change
men Wha il commonly called the Consti uion Is simply
system Of en a. 70 e sey W
ties of the state are 10 De eAeT EcffI nm IN
con. jtmiiona Will it in way llegl 1t may be
serving Of parliamentary censure, while II could not
| be ground for any proceediugs in Il court OF law
| THE NEW NATIONS POSITION.
| A new nation such rs the English settlements in
| America became Ivy the fact of independence was in
different position from that of England in forming Ifs
! Constitution When there were thirteen States to be
Joined together In federal unon the written document
was not only convenient but necessary federal
constitution the nature of treaty written doc
mcn is absolutely necessary authoritative record
IN declare what powers added TO the union and what
are kept hands of the States. In federal state
then a written constitution is matter Of security.
The other point Of difference which follows from the
presence or absence of written constitution il perhaps
more obvious at frstsght This is the position OF the
The King but his position really nearer to hat of
the Prime Minister Yet he differs n good deal from
either the one or other The powers OF the Pres
| dent the mode Of his election, the duration OF
| his Office are all lad down in your Federal Con
Fttution. The position of the King of Great Britain and
Ireland Is equally laid down by law lie comes TO me
crown by hereditary succession not by divine right but
| by virtue Of certain act of Parliament AS King he
holds certain powers defined by law; but here steps in
The unwrtten Constitution. That that OF the pow
crs which the King holds by law me shall never be
rrcjsed al all while shall only be exercised by
the advice person called the Prime member
of one or the other houses of Parliament, approved by
the House Commons in short the leader or the party
which has the majority in that house lie keeps once
as long as the of Commons approves OF his policy
if The Commons ceases TO approve OF his policy
he finds 1t necessary resign But the law knows moi H.
ing Of him Prime Minister: il k nothing of his
cOleacu as n Government Cabinet No man is up
point ed the Office of Prime Minister Tor no suc ONCE