Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-02-11

stitutional change; strange, too, II the
individual. With his fnlier power and
keebar Intelligence. In the universal
struggle for improvement, for larger |
opportunity and more Of liberty and |
happiness, we're content to measure his |
rights and claims by the fundamental
law Of the pressnt or the past, rather
than by such changes as shall more fully |
embody the great principles OF justice,
equality aud humanity which have
como down to US alike from tho rugged
Sides Of Sinai" and 'the gentle slopes
OF Olivet 2 The ideas Of our progress
sige age aud liberty loving people nave
no more erystallized into a full and
final development of constitutional
| government than has religion in the
ages. more light says Robinson,
will constantly break forth from 3od's
word" But the dark and marrow
creed which could not let the daylight
in bred schism and heresy; and the
world appIauded and progressed. More
light Ia constantly breaking forth from
progressive democracy, which, ii OK.
cluied from rigid constitution, may
fad place Ia discnntent aud revolu-
tion.
We need not be disturbed then il as
lawmakers we find ourselves confronted
with problems new, psrplexing and
mnmentous. They may tie hut the
esilaRps OF life, activity, progress IN
the body polite. and an inspiring test
OF our wisdom, courage and patriotism.
! IL on the ona hand We stoutly resist
the demand that constitutional govern
msnt shall either gbdicsts in favor OF
anarchy, or assume the paternal duties
} of the pattiarcn3 81 tribal DAYS, or the
later village communities, let US not
} 90 tho other hand give way TO to I I'M
progressive conservatism which saes
danger In the slightest movemsat OF
the ship OF state, though it hH but tito
having out OF sufficient cable to allow
: her to breast the rising winds and tides
t With safety and SUCCESS, between tue
two ia safe and proper course. which
! we can take, fearing not the goraon
! head Of anarchy. nor the wrinkipl face
0 OF Bourbon conservatism, NOR even the
siren voice of socialism and pater-
o nalism.
Q We recognize the right and need to
u narrow or bridge the gulf betwoen
r society and law; hut insist that this
d cannot he done either Ivy tho abruaa
d ton or stagnatiOn OF law ar by srhsti'
- | IutlEH III IbE tiie iuAEtlbh5 vi
e 1t can be done by change, and safely,
3 wisely, when such change ia of law
n and, ii OF organic law, within the lines
= which mark its proper acupe and office.
l. And SO, altar soma wan iering, VI
b come back to the path upon which
}, we ehterea this broad field of cuhstitu
al tinnaT law. We iiays found that OH
- subject fakes US lar back into the past
nj that constitutional law has been a,
d evolution cut III centuries OF strife ant
ut progress: that this history is nur his
tory: and that in our coiania! days AM
OF later "the constitution OF tho mother
d. land had been more than an idea
til model: it had bean vital factor II
Is the life of tine American people
y. We have observed tsat growth is it
be constant rule and will be SO long q
Mt society advances; that it's change in GU
", progressive age is natural, often neces
n. sasy-but that such change is or ough
Il. TO be upon fixed principles which DE-
It, fine ana limit it.
o To ascertain these principles we mu!
an consider the purpose and object OF cot
ks Htitusional Law, and again turn to hi
le- tory and precedent for its origin az
on evolution.
th A constitution is government ar
nd government by law esthDliSnlnS J
sss principles, dividing and regulating !
it powers and directing ita administratio
80 The pun pose OF constitution lis
he establish framework OF governme
of and to provide in outline for its po%e
ION aud functions AS go'erninent hefel
it has existed since mans creatio
sht however crude. tyrannical or patterns
bat 1t has sought to regulate his reiatiO
es, 10 his fellow nen as members OF sucie
the which il controlled. We need not II
ity low John Locke in his discussion WI
IN, Sir Robert Fiimer back to the Gard
hat of Eden, where he finds iustiticati
1911 of ClespotiG government III the pow
1ti- there conferred upon Adam, to be CO
lar. WINGED that government ia as old as I
og. human race, and that its primal pEi
.res ciplo was control, pure and simp
be. Then through ages al evolution a
Tor revelation grew a sncNpd great priuci
un- that Of compact consent, vita rec,
tine nitiGn OF tho governed as we'll as OF
aw. governing class.
ne nitnout Attempting " uIIa
be evolution ~ tue dlihneEa o. tne pa
q nf we can sec three sIages vt tlerol0pml
be in government baFore the principle
sful cnmnaet was established. First.
ltry paternal conts"l Of the era OF Alb
ham, Isaac. and Jacob over pssto
4 as life and country tDinly popuiat
,up- where the only constitution necesa
.eti was tho patGrnal word Then rs
a,,,, nn10ie Enultinky and srf,rpvatp In If K