The morning call., 1894-04-17
OLD COLONY LAW.
What State Government
Grew From.
EX PRESIDENT HARRISON
Delivers His Last Lecture at
Palo Alto.
THE COLLEGE CHAPEL CROWDED
Before Leaving the Platform the
Ex.President Says Farewell
to the Students.
EX PRESIDENT HARRISON
THE COLLEGE CHAPEL CROWDED

Gliding lecture on constitutional law be-
fore the students of S anford to-day. The
chapel was crowded with students and
visitors eager to hear The last remarks of
the ex-President, who spoke feelingly and
with appreciation of his soiourn and the
manner of his treatment at the university.
His lecture to-day was upon Estate lnstl-
tutions." Following is a synopsis:
The institution Of State governments
wasamost important and necessary step
in the development of the republic. lnde-
pendence had not yet been declared, but
war mad been iuaugurated and local affairs
were In disorder, with no Government eX-
cept that of temporary committees of
safety. A more formal organization was
necessary, especially in Massachusetts. 1t
was understood, however, that no step
could be taken except in unison with the
other colonies.
Massachusetts asked Congress for Sex
clicit advice respecting the taking up and
exercising the powers of civil govern
ment," and declared her readiness to
Submit to such a general plan as the
Congress may direct for the colonies
The advice was given by Congress and
closely followed by Massachusetts, her
action being in observance OF the resolve
of The Continental Congress" New Hamp-
shire, South Carolina and Virginia each
asked for and received from Congress
advics as to the formation OF State gov
eminent.
In Nav, 1776, however, Congress re-
solved to deal generally with the question
of State governments, and resolved: {:
'1hat it be recommended to the respective
assem- blies and conventions OF the Uaited
Colonies, where no government sufficient
to the exigencies of their affairs hath been
hitherto established, 10 acOpt such gov
ernment as shall, in the opinion of the
representatives of The people, best con-
duce to the happln ess and safety Of their
constituents in particular and America Ia
general"
OF this resolution John Adams, who
drafted il, saws: "It was indeed on all
hands considered by men of understand
ing as equivalent to a declaration of inde-
pendence." All the State constitutions,
adopted before the confederation. as
sumed a permanent union. Connecticut,
in continuing her charter in force. re-
solved "that all the free inhabitants of
this or any other of the United States of
America SO shall enjoy the same justice
and law within this State" Delaware re-
solved that all acts Of Assembly in force
in the State on the 18th of May last (and
not hereby altered or contrary to the reso-
Georgia recited the resolution of Congress
of May 10 and referred to the "indepen-
dence of the United States of America.
New Jersey refers to the COntinentalsCon
gress as "the supreme council Of the Amer
lean colonies. North Carolina, MARYLAND
and Pennsylvania reserve the right of the
State to regulate the Internal govern
ment and police of the State.
These State governments were not sep
arate and distinct ventures, but grew out
of the Union. The sovereignty assume ed
by them was of local affairs only. Except
South Carolina, no State suggested by a
provision of its constitution its power to
treat with another State or with foreign
power.
In these first State constitutions we have
the first systematic expressions of the
American Republican form of government.
Bills of rights-largely restatements of
former addresses to the crown-accom-
panied most of them. The most formid-
able objection to the constitution of 1767
was the absence of a bill of rights.
In the bill of rights of Maryland we find
what may be taken as a good general ex-
ample. 1t declared the people to be
source of government; government to be
for the public good; officers to be ''the
trustees of the public; that the legisla-
tive, executive aud judicial functions
should be kept separate, and enumerated
OlDeT ep0clal ElSHlS. LdW-tue expression
of the will of a free people-took the
place of the King. The bicameral form
was adopted for the supreme legislature
in all the States except Pennsylvania and
South Carolina-the first having but one
branch of the legislature, the latter three.
George Mason. writing in 1778. said of
the organization of the State governments
'"There is remarkable saCleness in all the
forms of government throughout the Amer
fr,To it, ha tuxl. Af
Carolina and Pennsylvania; the first having
three branches of Legislature, and the last
only one; all the other States have two.
This difference having given general dis
gust, it is probable an alteration will
take place to assimilate these to the con-
stitutions of other States" In nearly all
the States greater permanence was given
TO the upper branch or Senate. In Mary
land the term Of Senator was i've years
in New 7 YOrk four years.
The originatiOn of revenue or money
bills" was given in many of the States to
the lower branch. Maryland makes a pro-
vision which should have been EN- bodied
in The national constitution, that "the
House of Delegates shall not on any oc-
casion or under any pretext annex TO or
blend with money bill any matter, clause
or thing not Immediately relating to and
necessary for the imposing, assessing,
levviDg or applying the taxes or supplies
to be raised for the support of the Govern
ment or The current expenses If the State -
An exact definition Of a money bill is also
given. Some other general provisions as
TO the judging of the qualification and elec-
tion OF members, sitting upon adjourn
ments, as to i'm eachmeDtS, the canvass
ing of the vote for Governor by the Gen
eral Assembly, are also found. They are
not always uniform, bni they furnish In
some cases the suggestion and ID other
cases almost the form afterward adopted
in the national constitution.
Most of the first State constitutions pro-
vide for the selection of an executive, gem
orally styled Governor, by the Legislature,
only few by popular vote. ln some o
the States he was vested with the power
of veto. IL Massachusetts and New York
the provisions for veto by the Governor,
the return of the measure TO the house in
which it originated, the reconsideration, a
two-thirds vote being necessary for pas
sage. and the time given the Governor for
consideration, are almost identical vii h
those regarding the same subject in the
national constitution.
These State constitutions greatly in
structed the members of the constitutional
convention of 1857 in their work. They
furnished an outline model of a free rep
Iesentative government.
They we're not creations. They were
largely the development and notification
0f nrfncinlpQ and usapee OF tha I7rDIi. n