Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-02-11
DELAWARE GAZETTE AND STATE JOURN AL-WILMING1

serting principles Of sslf'government
which for all time were. TO be tho very
foundation Of republican institu-
| lions: and the bold Rarons at Runny-
metle, wrestling from their King limi-
| tatiOn on his power, and recognition
OF rights 10 the governed, were blazing
1 the path for modern constitutional law.
We but share the fruit of d struggle
.'intu whose labors we have entered.
| How fully tho early colonists reeog- |
nizsd and asserted their right to, share
10 tho laws and liberties of England IS
seen In their official action.
MRssach usetts, in a petition OF the |
General Court to Parliament in ldi6,
asserted that hss government was
framed according to her charter land
the fundamental and common laws of
England and the proof was given,
says Mr.. Sieysna, by setting forth in
parallel columns the fundamental laws
of England from Manga Charta and
their own laws - As early as id37, 10
answer to the demand OF her peaple
Tor a written constitution, the duty
was entrusted TO q commission TO frame
"a body of grounds Of law in ressm-
, biance to Magma Cnarta.
Virginia, in 1910 had established her
own Assembly or Parliament, whose
, example, Story save, was over after
ward cherished throughout America as
tina dearest biFthrignt OF freemep. y
Two years later from the company in
England came hor written constitu
, ton, "the earlieBt fnr an American
commonwealth = modelled after
the unwritten constitution of Eng
land, the historical feunda-
> tion OF all later constitutions Of gov
arnmeBt in this county" In 1893 she
q asserted her exclusive power OF taxa.
|. ton. and liz 1861, by treaty with the
i long Parliament, obtained full reeegni-
: tion OF her right TO ssi government.
: Connecticut as early as 1893. aasum-
: TO-. tho authority. established her gov
. eminent, "the frat written ennstitu-
q tionn ever enacted "by the independent
!, act of the peoplt.
!, In MARYLAND, in 1888, it was enacted
: "that the inhabitants shall have all
!. their rights ami liberties according to
ii the great charter OF England.
! Similar provisions will be found in
y the charters and early laws OF all the
II original colonies. In legislation aud
"a action the coloniRts asserted theil
n right to the CELEBRITIES. franchises enG
: immunities'' OF England who "ha6
"a given them her law, Der language, hei
II religion and her blood. y Thus We trace
II back our legal ancestry through tbs
centuries. The English constitution
II | was our constitution; the COLONIAL char
. ter was "a sort of skeleton eonstitu
n. tion which usage had clothed witt
nerves, muscles and shows till it be-
=, came complete and symmetrical
y. working system of free gosernment;
i, and our later constitutions. nationa
lie and state, sprang from the same com
- 4 In N
rs English institutions.
he Ana now we stand at the close @
h. more than a century of free, ipdepend
en- emit, constitutional government, wit
- the battle OF civil liberty won and il
no results established In permanent Law
ng I need not 10 this presence trace tn
zee history of the conflict. 1t is sufIieien
ots to recall that it marks long and SLOW
ore though mighty, evolution. II We car
SO not find the earliest germ of constitI
to tional law, we can see it's development
iii. note the influence upon it of many
ia master mind from Aristotle to job
i" Adams; point out the great land mari
len OF its progress and then confidently d.
ad, clare it not manufacture or inventio
old but the necessary outcome and grogt
lar OF the past intelligently developed ar
L." applied TO the present. AS pTogre
the has Uteu ltb hltdl pfluClpIo as tuu5
ties lives and moves and has It's being
OF will it surely in the future, as 10 d
in. past readily adapt itHelf TO the need
+ as society and the demands OF civilizatit
and national growth.
'un- The reader remembers the thong
,ere expressed by Sir Henry MIME tb
,op society, in its opinion and necesstie
' of is always in advance of law; that t
,on- progress of the one and the stgbili
A nd Of the other make gulf between the,
rita, often closing, often opening: but th
the the greater or less iIappinegs of a pa
the po depends on the degree Of promp
the tude with which the gulf is nj
rowed." The same principle is recc
- IN nized by later writer, who deGia
Mr. that "ths close utilization existing
tina tween the organ law and the hist
.srs. ical life of any country IL the ous fu
,1;sh damental condition which insures
Inn. endurance and debility OF that la
-iTr Indeed, the constitution can hardly
,tio, regarded as thu organic Law unless it
coz true expression OF the organic life
or,,s psopIe." Organic law cannot
= made to ORDER nor "a success
anJ government introduced into a coun
altar by mere importation.
food .'No social organism can nccep,
high the Law of its being Ga empirical C
) the stItution made to order as q theUr'
lion, caliy perfect solution of the profile
dis. of political life. The fact has baen
than little recognized that the evolution
with society involves the development OF
by stitutinns. -
stem If constitutions grow, ever dsyel
ike a ing to meet the larger lie Of prog
Id as sive people, and TO bring that
lit OF under the reign of law rather than f
roar il dlscontented to ths point OF rev.
woven ton, which. after all, may he.
ex- Spencer says. but "the act ui Eesto,
equlihri jun where ''incOngTuity
fiona! tween character and institutions ia
with disturbing force We must ass
raced that unGhaugeahieness 10 neitlr
stages necessary condition Of tbe stability
gregs. a constitution, nor q certain test OF
sta Of success. Yet, it may be true, is t
n into that with us tho fundamental pri
g can pies OF constitutional law gEe per
t sur. nent and the lines are marliad wi
recog- should define and limit lis change
estry, growth. The child changes grow
0 lust cope with the tasks and responsible
lecific of manhood hot the eyoluii0us of
turtles determines tho Law and linz
,praug his growth, and makes it nor
lstitu, healthy. leaving within them al
acated room for his activity. SO safety
thair aud strength Gensn! not upon
,,.;a,a rffri1iFy - finnnl iar- III