The morning call., 1894-03-07

biography have bad great revival In
these centennial years, and every young
American should eagerly avail himself of
his improved opportunities TO become ac-
duaHte not only with the great events Ia
our history. and with our great men, but
with the connecting chains Of small events
and with the characteristics and virtues Of
the inconspicu0us but sturdy people. 1t is
not my purpose to describe what an allit-
erative friend of mine calls the 'pren atal
prophecy and preparation" of our coun-
try. study of English history and of
the English institution will greatly aid
your understanding of colonial history,
and of the development of our national
and State constitutions, but / cannot go
very far into that field. The English con-
stitutlon is not, as you know, like ours
written instrument containing fOrmu-
lated system of fundamental law of per-
manent and paramount obligation, appor-
tlonlng the powers Of government and pro
vlding particular methods by which
amendments may be added. England has
no such written document. The word con-
stitution is there used in its widest sense
10 indicate civil system and order defined
partly by writings, as the Magma CharIa,
but chiefly by long established usage and
recognized presidents. The limitations OF
the powers of the sovereigns aud the
rights of the people are, however. pretty
Well defined and very jealousy guarded,
though they are without codliicatlOn. We
have become SO accustomed to book, TO
article and section, that we have oil but
lost the wider and primitive meaning Of
the word constitution as applied TO a
State. 1t would be impossible, L sup
pose, for convention Of the publ
cists and statesmen of England to
cOdify the English constitution to the
acceptance of the crown and the commons.
The powers of the crown, though they
now give very little tronble IN practical
administration, are hardly capable of all
acceptable definition.
The codifiers would be compelled to
write that the Prime Minister is appointed
By the crown il they followed the letter,
but if they recorded the fact they would
write that he is chosen by majority in
the House of Commons. And if they
should attempt to define the method of ex-
pressing that choice they would find it
impOsS bic to be precise, for the party
leader who must be Prime Minister is not
selected by ballot. We have witnessed
just now an illustration of what / have
said. MIR. Gladstone has surrendered the
privy seal and his position as Prime Min
lister in the English Cabinet. Lord Rose
There was no formal vote in the House of
Commons, no ratification by the members
of the Liberal parry. He was pointed out
as the most conspicuous and accepted
leader of that party after Mr. Gladstone.
and was chosen by the Queen. Perhaps
she would have preferred If she had acted
with absolute freedom in her choice 10
have called Lord Salisbury 20 be Prime
Minister, bnt the precedents would have
been so rudely violated by sucn choice
that trouble would have ensued for her.
Therefore her choice in the selection of
her Prime Minister is not free. He is
chosen. as | have said, rather Dy assent
wi of bo
majority party in the House of Commons,
and holds his place, as you know, subject
to be surrendered whenever The majority
in the Commons fails TO sustain any meas
ure which he has proposed. But il is
quite impossible to organize an American
State without written constitution.
England has been described as
land of just and old renown,
Where freedoms broadens slowly down
From precedent 10 precedent
But the organization of the great repub-
lilo was work of eXigency, When gov
eminent by the King and the Parliament
was overthrown and the sovereign power
seized by the people. bills of rights and
apportionment of the powers of govern
ment between designated officers ard pop
ular elections had all 10 be nut upon a
defined and permanent basis. The colonial
charters had familiariZed the people with
the idea of written civil compacis and
their charter rights by the King ana his
Governors had taught them the value
nay, the necessity. of the strict limitation
of the powers OF public officers. Prece-
dents had been denied or distinguished.
There was need of book. And If il was
reasonable and necessary that the colonies
in becoming States should substitute writ
ten constitutions for the old charters, much
more was the written constitution inherent
on the proposition TO form permanent
union of the States The broader freedom
and the new civil organization could not
wait TO be fully defined by precedents. A
declaration and constitution were de-
manded. The transition of colony to State
was not difficult OR very radical in FORM
Little change even in the official nomen-
clature is involved. There were still gov
ernors, councils or senates, assemblies,
judges and sheriffs. But none were any
longer sucn by the gracious designation OF
his Majesty bound by oath TO his service,
but by the Tree choice of the free men of
the commonwealth and whose servants
they were.
The powers of the Legislature were
merely enlarged to include some powers
before exercised Or claimed by the British
Parliament. The revolution was in the
States chiefly in the course of the govern
ing powers. But the institution of ma
tional government was both in form and
subst stance more a work of construction.
And the difficulty and delicacy of the task
cannot be overestimated. The national
union under the constitution was freely
instituted in one sense, and very truly it
was the product of coercion. the imperious
coercion of conditions; not only the guiding
but the compelling hand of providence
was needed. Every other way had to be
closed up. The selfshness. the petty
jealousies, the baseless forebodings that
opposed, delayed and almost defeated the
movement for an adequate general govern
ment have saved the men of that genera
tion from dedication. and have established
the legitimacy of the statesmen of cur
time. The declaration OF Independence
and the national constitution will hold
their pre-eminence among the notable and
influential acts in human history. and The
men who framed and promulgated them
will have increasing estimation and re-
spect. George Buchanan and other
prophets of liberty had already announced
the doctrine that The people were the ulti-
mate source of magistrates power, and
that the state was instituted for their
good. Freedom Of conscience and of
speech and the right of the individual to
the pursuit of happiness were discovered
truths. but they were in bonds and under
suspicion. The declaration OF indepen-
dence eloquently and boldly proclaimed
them. The new philosophy Of human
m ha IN fat