New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-09-29

! ernor had everything his own way as III '''e
! early days Of Virginia. sometimes there was
tyranny OF the brethren" so-called by man
! c,ous rscusant in Massachusetts, Bay; sometimes
there was downright feudalisni. ds among 'he
! New-york Dutch: sometimes there was fore
seeing the part OF proprietor ana N'ioi''s'''
as in Pennsylvania.
: But the real problems came not by prearrahse-
/ ment but BY the order Of nature successive
| charters revealed Improvements due to expert
! ence But for all that they tell, it would never
/ he supposed that they were written by men WHO
knew all about government in which tnere was
double LEGISLATURE, a House OF LORDS anu
! House OF Commons. The result was 'ha' '''e
! characteristic American Legislature dNideo ii'o
.,o bouses was not attained in all the Colonies
| ave, nv the constitutions adopted in 1i'G Ac-
! cordine 10 Mr.. Fisher the United States was a
| Gradual development, the first stage being
| council merely advisory 10 the Governor ""''
later sat with the Elective Assembly then SeP"
| rate but still appointive then o-caSio''""'
two and finally everywhere elective, but repre-
sentative OF certain fixed areas rather IMAM VI
the people direct It was John Dickinson WhoSc
| rather untoward experience in Penns!i' ANA W.
mir, &c an adopted citizen Of Delaware 10 uise
49,. a,.;s.ir, organization OF the United states
| Senate as a protection for the sinaiiei
| !, ,b;c evolutionary process Mr.. Fisher oeieu
l
! arv ono TO find loophole for any foreign '''''"
tion whether it be Of the English House u i1O'''
| or the Dutch states General ,
Ue laws II down as a principle that poiro"e"
institutions never thrive. and he gives lHs'a"00'
| from, American experience carry anu law
| prove the rule His theory Is 'ha' p''f
| must live out its politics. ana ne points ou'
| that Colonial Americans had an experience -
| constitution making greater ara more
| than that Of any other people IN the Woilu
| And finally. when all this experience CANT ~
| he summed up in the Constitution OF the '"''."
| Cto,.s q was found that every important prop
lem had been dealt with by some Aine''e"" .O.''
| munitv that the constitutions Of other countries
| were in the main. beacon lights showing ""'
must be avoided At this point Mr. Flsher goes
into details He takes up each part OF the Con-
| s,i,rtion--vith the exception OF those pertain
| ,re IN the Federal system, for which he claims
| on evolution independent of charter beginnings
| and shows how it was perfected usually pF
| long trial He notes also the EXCEPTIONS causes
! that had only a short history. and Woros no"
and then which the contribution Oh inu'-
| vidual learning.
l., ono case however the reader Will have 10
| turn 10 Mr. Fishers Pennsylvania history io'
| a very interesting fact. There Is q signhcah'
! clause in the Constitution to the erect 'ha'
, mo State shall pass any law in3a"lhs me
obligation of contracts" This clause gre" OUT
! Of very Sad experience in the state OF fe''HSS'
| vania Under conservative Quaker manage
ment good college had been buht up D"'
ne methods. its prosperity and It's personnel
were distastefu to the populacH. Its wealth was
| conhsca ted and its destruction was so complete
cha. ,bo ca,se Of education still suffers accord
| ing to Mr. Fisher from the mob rule OF 'he
| Revolutionary period. But. while the clause
| eraw ont Of painful Colonial experience. us
! words were such as would never have occurred
! TO n1er trained merely In the law "f the '"'o-
| Mos or of Europe n their time But James " l.
| SON Sc1.cnman Pennsylvania. philosopher
| among his other pursuits, cherished rohoh'sS
! for the study Of Roman law. and he inserted the
word obligation" Lawyers were puzzled 10y
| e DIsor1 ,rly elements in American society
| have found il annoy ing. But II VAS Sooh LaNh
| and it has turned out TO be a good American
phrase Under it has been built up the enor-
| nous power Of railroads. manufactures ana
| other business corporations which have pia!eu
| so important part in the development OF inc
| United states This simple sentence, backed by
| the powa~ Of the general Government. has pro
| tected those enterprises from fanatical move
| meuts in different states that would otherwise
! have crippled or destroyed them 1t has given
| a stability to investments and enterprises. com
! mercial as we'll religious, coles,ai" end scien-
| unc witch could not have been had without
| IT,"
| While the administrative features Of the Con
| si;utiop took their rise from the charters the
Federal system and the relations Of the states
| u t.e General Government were worked out on
| different lines. From the hrst the colonies fel'
| the need OF union to repIess the Indians. Inc
plans formed and put in writing for this pur-
4 -g.,sx, ,a1,o her No
contingencies which they intended to meet
| could not have been fOrcseen in Europe. The
| natural tendency TO complete separation
| The different colonies ere averse 10 tn slight
! est control from without over their internal
| affairs. Their first attempts at union were
! jealousy restricted. But in the successive eX-
| perirnents at union forced by war they tested
! pow one dOlbt and now another and thus grad
/ rally relieved their minds II one apprehension
| after another. The effec; Of an alliance TO re-
! pei savages found to be good in other ways.
| 1T secured uniform methods in war, 1t tended 10
| oquallzc the rights Of citizens Of each colony
! with respect TO all the colonies, it heightened
| III arm az justice IN pursuit II fugitive crmi-
| nails These benefits were so obvious ;hat under
| Charles II The Crown itself urged union. and
| had it not been Tor the revolution Of lGSS might
| have brought about combination very different
| from that mich Americans achieved for them
| selves Then William Penn proposed plan,
| the most rational feature az which zone that
| was never forgotten was 4 continental Con
| cress. Charles DAVenauts suggestion Of a
| Council Of Trade introduced the point of repre-
senta9ion according to numbers Later Frank
| Inns plan would nave given to 4 permanent Con-
| eress the power OF taxation.
| While ali ;hese plans were merely part OF The
| endless debate on the subject. the potent argu
| ment the fact that Indian were sue
| cecded by French wars. and when the French
| We're driven back, thea the British Parliament
| united with the King in another kind OF in