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

piB OF compact ID the CONSTITUTION as
controlling force forever for the Anglo:
Saxon race. So Magma Charla declared
over the signature OF the King; 10
all our free subjects Of the kingdom Of
England. we, for ourselves and our
beirs forever. have granted all the un-
derwritten liberties, to bs bad AM to
be held. By them and their heirs, from
Us and our heirs.
Thus developed the two Fundamental
principles OF constitutional Law; con
trol, to establish government ami to
determine it's frame work, but modified
now by compact, to guard the rights /
and liberties OF tho governed aud to
give them part in the making Of law.
Their constitutional buiSark was no /
longsr TO be but the uuceI tain and I'M |
stable pledge of the coronation oaTh. !
Control now meant representative in- |
stitutions-a Parliament, aud division !
and Limitation of authority: now hal !
como the dawn OF sell goyarnmant. |
Yfua, Magma Charta aud tho Parlia'
msnt OF Simon lie MputfoIt had not
satlea tho conflict nor completed the
work, but they had established per
menent'prinuiple. petent in influence
and certain of growth. Kings might
insist upon absolute power, hut were
forced by the people 10 constant re-
Affirmation OF the great charter, with
| larger liberties for the Ruople and
| further limitations 90 tho croWn. Con-
| troll by Parliament OF taxation and law,
trial by jury, imprisonment only by
| warrant and responsibility of the kings
oliiears were s1me of the principles
evolved by tho time of Henry VII. out Of
| tia nrotracted stru ,gle. Henry Viii
| might still. with the consent of sub
I rnissiva Parliament. call royal pro-
CARNATIONS Law, and establish the STIR
/ chamber; the htuarts might plead
again the divine right of kings. and
| serTile iudges might ler!de the power
of Parliament an liking joking
poiicy;'' but theY were only paving
the way for petitions and bills OF right,
and habsas corpus and SUCCESSION acts,
and inspiring the Cokes AMI HHmpdena
and Cromwe Is 10 assert the rights OF
the governed, and 10 make compact,
consent, the dominant power Of their
organic law aud freedom its Inevitable
result. no longer was it true, as the
Commons had once meekly declared,
that 'nrerogatigea ut princes may
easily and do tally grow the privileges
O. the suhjgct ARE for tho most part at
an everlasting stand.'' constitutional
Law was developing out of the conflict;
nav, more, was, with its precious rights
and liberties firmly established, and 4
king had suffered death for supyert
ing the constitution of the rRalut. p"
Such work aud struggle. let Us not
forget, were the beginning and basis
OF our American Constitutions, us they
were also the precedent, justification
j ana incentive for our revolution and
| national existence. The l3 c0lunirf,
now independent in fact, wero wholly
/ dependent in law. upon their charters
and the Constitution and common Law
| Of England. This made with then
! constitution building a necessity.
have already sketehed the connection
S Of our early chartera and later Coasti
S tntions with the organic law of GU
r English ancestors. In them is tn
. same recognition OF the principles o
t control ami compact, only with large
j, growth and fuller development.
Out Of the necessity and principle o
IT control has come our frame OF govern
: ment, National and State, With il,
!. divisions aud functions carefully ar
d ranged and specified; and contrC
modified by compact hos maue TIL
ID REPRESENTATIVE and aeit-Governmsnt A
- lDtt SeENTbh tulSf boGG5Shi hho PM
Is in q constitutions, because, necessarily
,. fundamental law; aud within it, q
70 even mors Fundamental, are proper!
nt found regulations of the suffrage, b
rs whom and how it shall be exercised
y, The constitution of the botiy politi
D ; must nTeccde tho exercise OF power b
II, it, aud II not as permanently fixed
rs The law 1t makes. becomes the heIplef
y subject OF its Own creation. An
,i- policy, therefore, approved by III
tn people, which deals with the qualities
30 tions or exercise OF tho suffrage,
90 affects The frame of government
er changes its ncDpn or functions, has j
n proper place in constitutional laF
he Should. for example, the doctrines
n Socialism ar Nationalism ever prevail
10. they should because OF their radio
nd change Of tho purpose and prinaipl
Die Of our government find oxrras3!on
,g. constitutional law. Our excellent Al
he trslian ballot law, controlling Il
exercise of the Fundamental right
he Huifrage, might we'll have Its prirciE
ST. enbodIcl in tho constitution, Icarii
mt its details fur legislative enactment
OF \ constitution then necessarily d
.he fines the huay politlc anu creates
raI government, aud properly cantaiTs,f
80 DTlnclnif. al ludSt, WilhNBSeF law ~.
ad' control them. l,ut 1t also must secu
aFy iudiyiduat liberty so far az is conslste
sAe with such government and tho rigl
%; OF others recognizing, in the w0r
VA, of Herbert Spencer, that every M
az! may claim the fullest Liberty to ezerp
'ho his facuItiaa compatible with t
lsi, pnsses3inn OF like liberty by every OF.
eh' man - that democracy Is polite
the organization modelled in acrogllar
sen with thu Law OF equal frneloni. Il
lGd thGt "uf all institutions which I
~ imperfect man aets up IA supplement-
IA To his nature, the chief ono must Iii
I'VE for its Office to guarantee his freedom
0. Out Ot tna principle OF COMP
OF sprang this constitutional safeguard
,,Fh- liberty. Making government rest W
loes consent, il lnadG e condition OF 81
.en' consent protection Of an individual
sac minority in certain rights against
roy; dominant pp%er, be 1t king, Farl
OF menr or a maturity. A sovereign poo
consented to limitations on tho cSerl
Of its aovcreign will.
with Controlled by theEs two priprip
-, every American Constitution enbuC
ela, two Fundamental ideas--a frame
government and body Of libertes-
in oae to provide for the full eZeFcis.
re- it power by majority. except AS Iimi
the by the other to guarantee this
tho axergiae OF rights by tho minority.
Ser mood hut briefly rSfar to the deIa
iJfhf f,trrnIEa c lDf