New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-08-13
NEW PUBLICATIONS.
CONSTITUTIONAL ESSAYS.

lated from the second French edition by e n. Dcey
With Introduction by A. V. Dicey, b. u L.
Iamo, PIP 153. Macmillan d Co.
In these essays NJ. Boutmy has examined the or
ganc laws Of France England and the United STATES
with view TO exhibiting their fundamental Huer-
ence and 10 the ascertanment OF the causes OF hese
radical distinctions. Beginning with the uhwnNeh
Constitution of England, he endeavors to show no"
the freedom from sudden and violent revolutionary
changes which that couRtry has enjoyed so long Is
due the elasticity and also 10 the vaguehess OF 'he
constitution. The latter being embodied not Only III
a great contracts like Magma Charta ana inc biii
OF Rights. but In long succession OF Ac's OF raha-
nent and common law rulings and precedents' II Is
at ence easy to introduce changes into IL ana ohcu
to get az IL for purposes Of hostile criticism.
written constitution by its very form invites scrnnny.
An unwritten one much Of which is moreover Duried
Nm the of the statutes, evades examination Inc
English NJ. Boutmy holds. have wisely preferred
the ndctermInate constitutional FORM since u mas
served them well in the past and down to the present
time. What, however. he seems not to perceive
clearly is that the written Constitution Of the United
States has undergone scarcely more Wcssitudcs than
the unwritteH law Of England. whereas the written
Constitutions of have been set up by the score
since the Revolution, only TO be overthrown as
quickly.
These facts argue the operation Of agencies whose
genesis cannot hopefully be sought altogether In the
character of the different constitutions concerned
NJ Routnv comes very near right solution OF inc
problcm when he remarks that one serious difficulty
in France has been the complete divorce from the past
which the Revolution effected. With that movement
tradition was extingushed Thenceforward the Ma
on had no dependence but upon the creations OF the
day. II new constitution proved detective If 1t was
assaulted herceIy before il could be got into WORKING
order II fell and fell wholly, leaving I'm its place noun
ing but anarchy. in England on the contrary therc
has been no severance with the past Tradition CON
stitutes great and vital part of the English consul
JHoA In and
It has become second nature to the people in many
not most respects. But any comparison between the
constitutions Of the three countries concerned must
show that besides custom and education diIee"oes vi
race character count for much 1t Is for example
hardly thnabe that the French should have succeeue
in living under a constitution like that OF England
AS NJ. Boutmy observes their genius Is Tor system
They cannot rest content with vague or indeternae
LEGISLATION Their constitutions must be scehuhcaiN
adjusted and completed. providing for everything e'V
ing neither rights obligations to inference auP!
ing a complete governmental machinery eAacuy pai
anced in every part. -
The English Constitution would be intolerable to a
,oonlo en- constituted Their first impulse would be to
o6aDt a IN +her own ideas and in doing so they wouln
necessarily change its character and deprive II Oh an
the safeguards which make IL what 1t Is "hau ulc
French would do with constitution modellcu upon
that Of the United States is sufficiently Indicated IN te
treatment they have bestowed upon the numerous Con
,-so Rut here again comes in the race factor Inc
United States Constitution undoubtedly has deects ana
moro than once twice some OF THESE uelec'S hNo
capsed grave embarrassments and complications. Al
most any nation less disciplined and rooted IN reverence
Cor law than the American people would have been
drawn into calamtOus and perhaps fatal confcts ny
such events. The American people have not Deeh 50
,s-1 mainly because they inherited patience, po
utcal fexibillty, and an abiding commence III uheli
ability 10 solve all governmental problems by means VI
the machinery they themselves had devised MoN
over II must be realized that the importance Of the
race factor necessarily Increases with the spread Oh
democracy. England and the United states anu
France also during the last century, are democratic
States In neither OF them is the existing poh'lca
condition the result of moiarchcal or abSoutst prl
c,ples or IDEAS Each what it is mainly by virtue OF
tbe temper tendencies and habits Of the respective
peopes In all three, therefore, racial characerls0S
enter largely into the question OF CONSTITUTIONS
NJ Boutmy fully recognizes the incidence OF the
democratic spirit in speculaing upon the future Oh
England and the United States. lie anticipates ged'
changes IN both countries, and perhaps more espeVH
in England Americans will scarcely agree win MIN
that France attained, a century ago. the poSinon "s
regarIs democracy which the United states mas Sioe
becn slowly working up The growth Of centraliza
ton in this country may strike an Intelligent foreigner
as having greater significance than 1t really posseSseS'
Nor is there any real analogy between the systems Dy
which democracy is applied in the two countries Inc
been dominant in France, has facilitated there cen
realization so complete that administration as under
the Empire presents few differences from administration
as under the Republic. But in the United states the
very nature of the union between the states rhoeeu
{be growth Of such a sentiment impossible from INC
BEGINNING and such change in popular thoughI %
coud alone render possible the adoption of the French
svstem Is not within the bounds of sober discussion
aSooner or later" however observes NJ Boutmy III MS
pronhetic mood all nations will 20 through inc con-
d,ons out OF which, in $780, the French poncal so-
tenn arose. BY the slow action of these causes we see
that in England, as well as in America, democratic
equality and national homOgeneity are growing sde oy
side and are bringing about the DAY, which Is sun
ac.tant Int inevitable, when these two countries Will
possess simple political constitution founded on law
tha+ IS on the express will OF the numerical majority
law Will then be founded on logic alone, and logic
loft mistress of the field by the gradual retreat OF
tradition and custom, will express It's will and ina It's
satisfaction In systematic ideas. Logic will in cse
ouence be forced to rely on its own resources alone
and from these. combined with more complete ano
minute knowledge than now exists of the objects aimee
NJ bv constitution, will have 10 provide those cheeks
w nAN.n change which policy now draws from Gus
Con, tradition and other sentiments which do moi
5nate IN the rational part of human nature but are
derived from past history
We urefer NJ Boutmy as an ANALYST HIS stuoles o.
C,e three constitutions are acute and sometimes pro
go His pont of view is all the more interesting
nom the fact t1aJ IL IL 'i"i'"e''-'
clnsions which he reaches are not always JuSuheo p
,as. eyneriencc at least not to the Ango|a%on mind
~ b,e inerprstaons of actual events and documents
have the recommendation of freshness and strong In
teWg,nce II is Of course possible as NJ. BoutmS
thinks. that the distinctions between the three coun
tries may after ALL tend to disappear through par
dol and gradual assimilation; but II is not probable
ta. the course of either England or the United states
4u tend TO an installation Of French political expert
ments Race and tradition still mighty influences
and tho first of these alone would probably determine
the question.
11..hIicattn,na