The University daily. [volume] (Morgantown, W. Va.) 18??-????, 1895-06-11
THE UNIV Y D lily,
y AIPAN AN NOMAL.Y
III Constitutions AZ History How
It's Constitution Resen1
bIes Ours.
~ roKIcHr aIAsAo.

through tlcaSt VIII SSa9 vt 3 - - ID III d
"a Patriarcbal stage, as thai of
Abraham, Isaac and Jacob. In this
stage the word Of the father is all
that is necessary for government.
l2) Tribal stage, as that Of the
tribes of Israel. BY this time there
comes into existence d definite prin-
ciplethat of control, and the head
Of the tribe governs according to
this one principle and no more. The
Mosaic Law is Thou shalt and
..thou shalt not. 1t is allimperatife,
and there is only one principle rec,
ognized control or command
t3) National despotic stage. By
this time the head Of the government
is king on despot. The oyerin=
diligence Of his power calls for the
assertion of the rights Of the people.
The doctrine Of the Divine;right Of
the king and that Of the natural
rights Of men can not stand side BY
side. Sooner Or later, they are bound
to come into collision. After con
siderable blood shed the king and
the people come to a mutual compact.
The king says, aIn order that may
maintain the government / must
have authority The people say,
g In order that we may secure our
happiness and liberties we must have
our voice also in the government.
So, finally the government is estab-
lished upon the dual principle Of con-
troll and consent. Thus it is that ey-
cry constitution is setting forth Of
the rights and prerogatives OF the
governing on the one hand, and OF
the rights and liberties Of the gov
erned on the other.
Such being, the usual order OF the
development of a constitution, it is
no wonder that an. American student
of constitutional history should ask
me. ssWhat instrument have you in
your constitutional history to cor
respond to the Magma Charta 7"
g What instrument to correspond to
the Habeas Corpus Act, to the Peti-
ton of Rights, to the Bill of Rights?3
He is greatly disappointed upon be-
ing told that we have no instrument
of that kind in our history. Again,
he asks me, !. Whoiis the John
Hampden. of your history I Have
You an Edward Coke, a John Ell
hot in your history n His disap-
pointment is still greater on being
told that our history tells US of no
such men. I
He is somewhat relieved, however,
upon being told that there was no
occasion for the securing of such in
struments or for the appearing of
such men, owing to the very fortu
nate circumstance that we have
never had such kings as King John
or King Charles j, in our history.
The king Of emperor, AS Ne call
him, and the people have AWAY sus-
tanned the most pleasant relation,
ship toward each other, and it isNno
mere accident that we can pride onr-
selves on being the only nation unA
der the sun that has had no change
il the dynasty since the foundation
Zof the Empire, nearly three thousand
years ago. The emperor has always
regarded the people as his children,
and the people have always looked
up to him as their father. From
such, form Of government, to have
arrived at the present constitutional
form may be regarded as a great
anomaly in the. constitutional his
tory Of the world
While, in one respect, our consti-
tutional history is thus peculiar, yet
strange as it may appear, in another
respect it is almost completely am
ologous to the constitutional history
Of America. .
az The Constitution of the
United States is the true expression
of the will of !. the people, Our
Constitution is the true expression
of the concurrent will of the emperor
andsof the people.
(2) As a written document the u.
S. Constitution is the work of q few
master minds such as Madison,
Hamilton, &c In the same light
our Constitution is the work Of
Count Otagaki--the apostleBof lib
erty, the Thos, Jefferson of our coun-
try, and of Count Ito--the present
Prime Minister and the Alex. Ham
ilton of our country.
(3) The sources of the u. S. Con
stitution are the various instruments
of the English G Constitution, the Col
onial charters and the subsequent
State Constitutions, and the Amer
can experience. n
The sources Of our @ Constitution
are the English and American Con
stitutions, and our own experience.
It may not be ont of place for
me to explain atthis point what !
!. mean by our own experience.
When the United States govern!
ment, in accordance with the long
cherished scheme of Daniel Webster,
sent out an expedition under Com
modore Perry in 1852, and thus first
opened Japan's doors and brought
her people face to face with the civ.
ilization of the world, the eyes Of
our fathers were at once opened
They saw the advantages of a Con
stitntional Government but the EN-.
4 peror was in advance ofall others ID
III f. =