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


agents to enforce legislative action |
within the sphere of its power. The |
judicial densrtment could create no |
right. Its pewer was limited to the
CONSTRUCTION OF written or unwritten
law. The highest Judge was as much |
henmed 10 by law as the humblest
criminal 10 the dock. Equally limited
In it's scops was tho poTer OF toe
executive department to supervise tho
administration and enforcement OF law.
The three departments wern icde-
pendent, each supreme within It's luris-
tiintion, and yet tho la# making power
wpa clearly and desisne lily the dominant
branch Of government.
These neesssary powers oil q Gonstitu-
tiou, determining the frame and scope
Ut goyafnment suggest control rather
than liberty, however representative our
institutions. Government compel5 sub
iGissipn to its authority, nut it's comppi:
sion also fiaeessitaiea guaranty OF
protection, especially against the arbi-
trary action OF any Of Its departments.
VIC neeh not basa this guaranty on
kUusaeaus tbenry OF o social contract
whera allegiance was greed to be
exchanged for protection;" nor upon
| Spenear's extreme extension OF the law
OF eaual freplnm, which admits the
right OF the citizen to adopt condition
OF voluntary ouiiawry.h We claim It
! through our Anglo a9xon ancestors
who wrested il by force from rulers,
| and mads it as permanent and potent
| as government itself.
| At the time Of oar national intlepend
| ence the ev3lutipn OF constitutional law
| had reached the definite point that
| popular rights, as against tina ruling
| power, could only ha iulrusrad to es
| tahishcd written guarantees, and That
| these weru as necessary ~ popular
government veHted in a majority as one
| of mnre ausDiut9 character. such
guarantees, therefore, were embodied
in our writtsn constitutions, anil coy
cred wngt were feiiGituusiy called ~
our declaration certain unalianable
tights with which man is endowed by
his Creator, among which are life.
liberty and the pursuit of happiness. y
These ara more fully sat forth IN the
Constitution Of Massachusetts, as the
right OF enjoying aud defenaing LIE
aud liberty, OF acquiring, possessing
and protecting proneriy; in line OF sehG-
ing ard obtaining safety ami happi
mesa ami specifically stated to in
clnJe freedom OF conscience and wer,
ship. trial by jury, right uf petition
J and sell. government freedom 81 tebatt
. and tho press, freedom from imprnpei
arrest AMI martial Law. right TO con-
psnsatinn for property taken for public
/ uses, and other rigAts equally familiar
, Tn thasa provisions, establishing gov
ernment aoi guaranteeing rights, waf'
i added certain fundamental uutles q
government tG its constituency wheel
were ciu!rlY and universally rscogDiaai
| as necessary TO ssugrs Pnbie Fafet.
! and happiness, and 80 werc impara
: lively enipinei uaon the soyereig
4 power by thH organic law, as o. e., tn
/ duty of chsriahing public schools an
n the interests OF literature and tn
: sciences. .....
+ These neral principles and propif
Q ions cover the whals scope and exten
i 81 orr earg constitutional law ar
II nldariy point oct it's limitation. and ib
lines Of its progress end Development
{ They leave great latitude to the poop
/. Tor legislation. and Geem 10 reGoEniz
Ia almost az d third great principle {
r constitutional law, certainly as ii
.! Guction from tho principle Of comrat
is ami salf-gOysrnment the right OF II
Il ueope frequently and easily 20 ehant
"a their laws. This is expressly declare
,. in the Constitution Of Massacbusstt
ls 1t means that as needs appear and Il
" State develops. as new policies or b
" isfs urc accepted by the people or,
l. it1 own words. 'as the common zoo
ic msy raluiron there shall he upportu
" Nv 10 make them Law. as the Gee
rs sion arose, there was to ha unrestricti
IS power to deal with IL. Tho constitute
" was not like rigid creed to be a ha
10 Ter 10 shut ont the more light wait
a. marks the pfogresI ia well OF socie
ur "a raiiGion; nor get WAS it 10 he
or cuungcabla and nuatGn!o as tbs Leg
is lativn will. But broad in its sc0p
". without Unnecessary restrictions, 90
Of cral, expansive III its principles, siml
H. ana tersa in its provisions. it was
al fact to be permanent, fundameni
les I law, rather than restraint up
in legislation, or itssif legislation,
is. the inatFlmeut to enforce the, will
he temporary. ileeting maiorities, 1t "
nj to establish The lines of governne
le rattle. thnn do the wot.: OF governiG
ny that was eft to the instruments
created.
IL This limited sphcre of organic il
q ia clearly roen in our National Constit
in tiCn. Ii created government of spe
TO fed powers Gunted by the States, b
arc absolute within their scope. In
sat statement al these powers and
ats aHarding intividuel and State RICH
ria IL losley followed the form and prin
ian principles Of Tie earlier State colsti
isa loas. 1t does not undertake. TO leg
the at, or tn limit legislation except
81, States wnere necessary for national
ca pramacy: hut is Contsnt in teran q
nee comprehensive language to establish
Ind franc OF government. define its pnw
the and then declare iTs holy of ibsrt!
ary In less tina - words it craatOd :
ave whole national judicial system, not
l." elaborate Specification. but by grant
act ample authority TO it'd !aslsat
| ri branch. In aiSut words it ea;ahlisi
pom tho admiralty and maritime jGrisJ
lch ton VI lt3 courts, giving by the Y
or absence OF detail the power 10 Its ju
tbs cal department to meet tho press
liza. cSigenries Of tho country and its pr
,p.e resa, and, by magnificent juuicai eYt
pise ton, to broaden this exclusive iu
dictiun from the ebh anil ttnw Of
les, tide, SO Ga 10 cover every league Of nj
lip5 gable water within our centinel
OF domain.
tho II would ba Easy to nu!tinly sim
2 u; illustrations from national AMI IS
tied constitutions, shown. their pusE
free 20 hu on broad lines to Establish &oyl
| maut ami safeguard rights. !eay
lied la.ail and enforcement 10 legsiat
r., | anil Tim manila fran IN prt tbrOurh ri