New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-09-29
CONSTITUTION-MAKING.
EVOLUTION OF AMERICAN ORGANIC LAW
TRACED BIZ SIDNEY GEORGE FISHER

'A The II TNIrED STATES. Showing that IT is
development OF Progressive st0[y van ana r h0c
or an Imitation OF Engnsh or D F,sber p.
prNNsyIyANIA. COLONY AND COMMON
WEALTH BY sidney George Fisher Pp' KILL
a. Philadelphia. Henry T. Coates d Co.
Mr. Fishers study OF the Constitution is Oh
many accounts more important WORK thah MS
history OF Colonial Pennsylvania. Though
small book, 1t outweighs many large ones th"'
treat OF the same topic because 1t is In the hrs'
place a direct appeal to human nature III pol'-
ical organization. and in the second place seeks
TO exhaust the colonial antecedents of the Con
stitution before writing bills Of Indebtedness 10
foreign countries for the various features OF the
orcanic law of the United States. 1t may he
IMAGINED that the first chapter TO be thouGh'
of yyes the last one In the book as 1t STANDS lor
that chapter is a criticism on the ceieoF"'e"
hack The Puritan IN Holland England anu
america" The author OF that book. MI camp
bell endeavored TO trace every slgniilcaN' Ai"''
lean political institution to Holland MT L 'snei
declares that this theory came ike 'h"''u
bolt out Of a clear sky to men who nao oeeh an
their lives appealing to English preceoeh' ''
American courts. It's tendency was TO upset .ne
whole fabric Of law IN the United states ne
analyzes the theory in considerable detail pu'
the crucial point is the town system OF Nc"
England. He acknowledges that II TINS can oe
shown to be loan from Holland. there Is no
mead 70 quarrel over any other feature Of Amer
lean life. Mr.. Campbers argument rests on the
INDEPENDENCE of the Dutch towns in the SIX
tenth century and on the certainty that 'he
Pilgrims who went In a body from Holland ana
sucb or the Puritans as had been in Holland
must have known the facts. Moreover theie
was large infusion Of Dutch population IN the
counties of England from which the Puritans
migrated II is needless to so into details MI
Campbelrs book had great vogue, and most Oh
those interested in the subject must be iamlliar
with its assertions and arguments. MI flsHei
looks first for some Indication in the writings Oh
primitive New Englanders Of deot TO Holahu'
He finds none. and he points out that MT Ca'hp-
bell cites no New England documents In support
of his theory He describes the independence OF
the Dutch towns far from being unique
fact in history and as altogether lacking the
main distinction Of town government IN New
England namely. equa. political rights Tor a."
free men, Then he Develops his opinion tha'
the early settlers Of New-England had no
thought Of imitation in creating their towns
The kind OF life they had 10 lead necessitated
their settling in groups strong eroush Tor SELL
de.ence and their first idea was to have places
their Industries and trade would be secure. II
agriculture had been their best pursuit. hey
would have scattered like The Nirg;nians. on
larx. plantations owned by individuals. But as
II was only secondary. the toNnsmen long held
their lands in common After they had carried
ont this system in various places they began
naturally TO observe what they had done ana
then it occurred. to Bradford for example. not
that they were initiating the Dutch, but that
they were accidentally realizing what Pliny had
recorded Of the early Romans. But nobody mas
ever suspected the New-Engianders of an IN
territorial leaning toward Rome. The very
thought evokes smile.
In this way Mr.. Fisher reviews the theory Oh
Dutch sources point by point But, after all,
the most effective review is the hook. as a
whole. For Il the American political system is
the result Of American Colonial life. then all
foreign theories. including that Of Dutch in
nuenoe. are excluded Above all, Mr. Fishers
hypothesis excludes the eplgrammatic dictum
Of Mr. Gladstone that 1.-The American Constitu-
zion is the most wonderful work ever struck
off at a given tine by the brain and purpose Of
man Instead Of being the hapry inspiration
of q moment Mr. Fisher insists that the Con-
stitution was Tho result Of more than two hun
bred years of effort and experiment. He Illus
trates his statement by abiding to the history
Of the veto il America. The Coloniss were. OF
course, familiar with the absolute veto which
one Of the prerogatiVes OF the EngHsh
Crown. They seem to have accepted ii at the
outset as something that could not be got rid
Of 1t was less difficult to bear with. because
for a period of years they could so on legislat-
ing for themselves ard if the King rejected a
given law they could re-enact ii and enforce
1t for a period without being observed. A.
Mr.. Fisher shows in his history Of Colonial
Pennsylvania, this evasion OF the veto ,Dng
a common practice. But the Governor. in thv
interest of King proprietor. also had veto,
and as a rule. this pu: upon Just those
measures which the freemen Of the Colony had
most ct heart.
AS the legislative department; in Pennsylvania
grew in power /: learned how 20 restrict the
Governors power by exercising ana gradually
increasing its own power over the revenues Of
the Colonies 1t refused to vote the Governors
salary or to grant supplies. and thus Il kept
I'D from year 80 wear a contest which in the
end il was sure 10 win. Ar Fisher points out.
however that this persistent struggle ur he
legislative department for us rights mas usually
been msrepresertcd by historians. and he has
some hard words for ParSman on Ibis score.
Tie Quaker legislators cftcn refused TO vote
money al the suggestion Of the Governor Of
Pennsylvania FOR the defence of thu Colony
against the Indians. 1t was easy to say that
this was done because Of the peace principles
q the Friends, and it was equally easy TO blame
them for failures in But Mr.. Fishers view
Of the is that they were fighting for
political principle. and he proceeds to show
that, while The formal vote Of supplies
refused. the necessary amount OF money
always forthcoming in an indirect way. Even
when the distinctive doctrine Of the Quakers
pushed to the front the eg!slat tors If their
privileges were safe, easily found words for a
very innocent-iookng law which. nevertheless
meant all that required, as. for instance.
when they provided for the purchase Of gun