The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-08-27
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| " WHSlS 80 -
The Constitution of the United States
| was recently made the subject OF two
essay by Prof. Dicey before Oxford
University. England
Prof Dicey's first lecture before the
| Oxford University Extension meeting
| consisted in a comparison OF the consti-
! tutionallsm Of Republican America. as
| exhibited in the Federal OF the State con-
| stitutions. with the modern monarchial
constitution of England. The consdtu-
| ton of the thirteen colonies. he said; were
1 English: the Declaration OF Independence
Effected no material change. The COM
mon law of England and English statute
| Law up to l77s still applied as before. The
men who carried through the American
revolution were, like thel Wings Of 16Se.
"the least revolutionary OF revolution
| lists" Nowhere more than in America
whence the French had been triumphant
| ly expelled, was there greater exultatton
| In the freedom of the English people, as
contrasted with other European peoples
who lived under despotisms. Americans
shared 20 the full a prevalent belief that
the prosperity of England was due to
| its constitution. The complaint of the
colonists was not in their case the prfn-
ciples of the constitution had been vio-
lated. Washington. like George Ill.
might have termed himself "a revolu-
ton Wing" Kent has recorded the great
impression made on him by reading
Blackstone's Commentaries. which had in
America a circulation quite immense for
the time. MontesQuieu. then widely ae-
knowledged as an authority on the Eng
fish constitution. was admired by Burke
as much as by the authors OF the FEEDER
altst" At. the moment OF separation.
the English constitution seemed to
every American the model OF a free gov
eminent" Moreover. the English colo
nists brought to the New World. with the
common law. 'all those conceptions of
individual freedom and the proper rela-
ton of the government to private citi-
Gems which had found expression In the
constitution OF England"
Turning now to details and qualifica-
lions, feudal elements surviving in Eng
land naturally disappeared in America.
especially in New England. where Puri-
tan ideals prevailed. Montesquieu's in
principle of the separation OF powers: and
1.-THE necessity for substituting a written
and rigid for an unwritten and flexible
constitution" worked changes far greater
than American constitutionalists proba-
bly, realized A like reverence for the
rule OF law obtains in America and Eng
land. as contrasted with a tolerance. as
in France and elsewhere. of special
rights and special laws 70 rthe execu-
tive and Its agents. In both countries,
the private rights of citizens to per-
sonal liberty" are ''the foundation rather
than the result of the constitution"
universal suffrage was not more essen
tial TO the American constitution as orr
ginally framed than to that of England
IN 1856. The supremacy OF the constitu-
ton In America, and the consequent func-
ton Of the judiciary in disregarding laws
inconsistent with the constitution. wheth-
er OF the state or of the United States. Is
point OF clear difference between Am
erica and England. This American pro-
vision results from Montesquieu's doc
trine as TO the importance OF the separa-
ton OF the three powers. Another speci-
neatly American arrangement Is that Of
the aon-parliamentary executive. The
president has powers which NAV enable
him. under favorable circumstances Isto
balance or even overbaIance the authorI
ty OF congress" His cabinet officers arc
Just such a ministry as George 1T.
would have Instituted II he could II
has been well said by Mr.. Bryce that
Abraham Lincoln was more powerfuI
than had been any Englishman since
Cromwell
The subordination Of congress and the
state legislatures to the constitution Of
the United States and the several states
was here dwelt upon. and the disposition
or the Judiciary was discussed Suppose
an English Judge having to deal with n
contract under the Gaming Act Of 1Sqa
II he holds that act to applv. he treats
the contract as void. and his duty Is
done. 1t may he otherwise with an Amer
lean. say a Philadelphia. Judge. who
may clearly see that the Pennsylvania
act applies. and may vet have to disre-
gard this act as in some definite way
violating the stat constitution In this
particular an American Judge has duty
not paralleled in the range OF an Eng
fish judges functions.
Another peculiarly American constitu-
tonal practice Is that ofslegfslatian by
the people through a constitutional con-
venuon. which may be elected with the
express purpose Of limiting certain now
ers as exercised by a state legislature.
Such a convention differs materially from
French constitutional assemblies such as
that Of 'Ss or II. The sovereignty Of the
French people is for the moment vested
In such an assembly. which has more
duties than that Of framing constitu-
tontiOn. The American constitutional
convention Is the very best form 81 law
making by the people. for D Il IS not
elected on party lines. ~ Il may and
does contain eminent men who would not.
or could not. take part In ordinary poiiti-
cal affairs; 90 It's whole mind l. devoted
10 constitutinn-makine: "a 81 IL not dis
tracted by national dangers or party con-
siderations; - 81 cannot carry measures
Opposed n popular opinion
Prof. ricey's second lecture dealt With
the working ~ tho American con~tltu-
t!oL Briefly adver.ing 10 the fact that IN
his first lecture. skeleton outline ~ the
American constitution. spare had for
hidden bis doing justice n the senate. the
lecturer remarked that he building - a
constitution was one thing and the work
Ing 81 Il quite another. The latter de-
ponds upon the character and circun-
stances Of the people who manage e.
There were conspicuous merits IN ths
working of the American constitution.
Al the very outset q accomplished What
was httle short % az miracle IN polite
There was a period between the Declara-
tion % Independence and he final afop-
ton Of the preAent constitution Nhsch