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

1suSsGlts tN-LOFtIubE VI -hHeNtIhhefhtrs
Reprinted From the American Law Reg
lister and Review.
TIE wise Bacon, in "inarshalling the
degrees Of sovereign honor, gives the |
first place to tho founders OF States and |
laweivars, that is, to tho publicists and
statesmen who establish the funda |
mental law of the people. As the field |
is worthy of the higheat ambition, SO
ie the subject full of desp and mo-
mentous interest. IL deals alike with
the greatest nation and it's humblest
citizen; 1t controls life. liberty and
pruperty; in its STUDY havo bean
aatbered all the treasures of philosophy
and history; in its development have
been 9sgsd wars and revolutions.
through II hare come self-governmeut
and free institutions az the browning
triumph OF a progressive civilization.
TO us OF anglu-Saxon blood, whuse
heritage ia centuries of conflict over
constitutional law. who here have
wrought out in fullest derelupiuent tho
precious liberties it can give, it never
is inopporture to dwell upon the sub
iect or to discuss any OF its many
phases.
l take then as my subject "The
Proper Pravipca and Office of Constitu
tional Law" meaning not TO conaidsr
constitutional law in its breadth and
detail, but rather the limitations upon
it. and especially its sphere as ais-
tinguished from statute legislation.
The modern tendency in many of our
States frequently to change their Con.
stitutions. the birth and growth Of
new schools OF political Thought, each
clamoring TO have its policy engraited
jas, al In ba a a n n
and clash of powerful rIRss Influences
struggling for control OF the body
polite; the undisputed right of the
majority to make lis will law-thesa
suggest, as pertinent and pressing,
the inquiry, how far shall Copstitu-
tion--itself limitation upon the power
of the people, itself organic, supreme,
perInanent-be used to register the will
Of the then majority, and 10 restrict,
control or supersede statute legislation
The question ia not as to the merit o.
any proposed measure, nor as to TIT
right of the people to make ii law, bu
only where in law is its proper place
The fact that in our greatest Statt
there is now in session Constitutions
Convention, which, in dealing witt
the wishes and wants of her CONSERVE
tive people, must he confronted will
this fundsmental inquiry, may give
present, practical interest to its con
sideration.
Necessarily the question reaches ia
back into the past. Who can deter
mine the Hcope Of constitutional law il
ignorance of its sources! Or fix it
proper limitations without REGARD t
history or precedent? Constitution
are not made, but grow are th
aE = Tn AZ mn t,fo
and true alike of written and unwritte
law. 1.-THE American Constitution.
says our ablsat English critic. sis n
exception to the rule that everythin
which has power to win the obedienC
and respect of men must have its roo
deep in the past. and that the moi
slowly every institution has grown,
much tie more enduring it is likely
prove. There is little in that Coust
tuition that ia absolutely new. Theie
much that ia as old as Magma Charta
And he calls 1.-THE spirit of 1887, !" wht
our National Constitution was draftst
one (which desired to walk in the o
Maths of precedent. - "No one famil
with the common law of England,
says Mr.. Justice Miller, '.can read 4
Constitution OF the United Stat
without observing the great desire
the convention which framed that j
strument to make it conform as far
possible with that law"
Although the trainers OF our Gu
stitntion," says a recent writer, wt
without any grasp of the modern CO
ception of the historical continuity
the race, they reyered the ancient &C
stitutional traditions of England. A
thus it came to pass that Magma Char
At ~ tho lIp,r pppit IN rnnnt
Declaration of Independence and
Constitution of 1857 constitute
record OF an evolution.
It is easy but hardly necessary
multiply these authorities.
Stsyens, In his able work on
sources OF our Constitution, has ca
fully collated many OF them to establ
the fact of the "hiatoriGal devel
ment'' of State and National Cousti
tiops from "the English Coustitut
itself, considered not merely as the
or an ideal, but as contemporaries
fact, aud az an essential element
American political experience.
our own Lowell, who, perhaps, be
than any American, has underEt
and stated the vital principles and b
ileaiA of our democracy, notes. as
key to tho success of our Constitute
that its framers had a profound
belief in theory, and knew better t
to commit the folly Of breaking '
the past. They were not eeduced
the French failgcy that new sys
of government could bo ordered Ill
new suit of clothes. They would
soon have thought of ordering sui
flesh and skin. 1t is only on the r
ing loom of time that the stuff is w
for such vesture of thought and
preston az they we're meditatlng.
The evolution OF our constitute
law, while it cannot be stated
scientific precision, still can be tr
hack through certain definite st
which mark it's growth and prog
We can sac through the dim Wis
centuries the germ developing ever
higher and more perfect lie; We
note it's struggle and the constant
vival Of its iitteBt elements; We ri
pize the paternity, trace tho ance
though unable always to determine
when and why 1t acquired spt
character.
Our national constitution ST
from our pre-eEisting state CONS
tions. and was the work of edut
statesmen thoroughly grounded IN
priDcipiez Ihs state cobatitu
were thu outrrowth of earlier col
charters and constitutions. a1d
bodied the Fundamental pgincinls
rights which had dominated gu
naiAl life, aud fDunu full eEDreBaf