The sun. [volume] (New York [N.Y.]) 1833-1916, 1901-12-29

James Bryce's Latest Rssa,s.


of sixteen essays under tho general title
Of Studies in History and Jvrisprsdsnee
by JAMES BRYCE, d. c. L. None OF these
studies has previously appeared In print
except two. namely, one relating TO the
Constitution Of the United States, and one
10 the respective Constitutions Of the two
Dutch republics In South Africa. Even
these have been enlarged and revised.
The purpose Of all the essays is to bring
out the Importance. sometimes overlooked
of the Constitutional and legal element
in history. and to present topics which.
because somewhat technical. often repel
people by their apparent dryness. in a way
which shall make them at at least intelligi-
BILE to readers who have no special knowl-
edge Of law. The first paper in the volume
embodies a detailed comparison Of the
Roman Empire with the British Empire
In India; IL will be read with interest
by those who would forecast the destiny
of the British rule in the Indian Peninsula.
Another essay is devoted to Primitive
Iceland In il the primitive constitution
Of the Icelandic republic is examined. In
still another essay the author outlines
the treatment of marriage and divorce
in Roman and English law, and points out
how American legislation has tended 10
adopt the view Of the institution OF mar
rage which was taken by Roman law
Civers under tho later republic and under
the Empire. even after Christianity be-
came the State religion. In other papers,
again, such questions as the nature oil
sovereignty, the Law of nature, the methods
Of legal science and the relations OF law
and religion, are discussed. We think,
however that most American readers
will wish especially TO hear what the
author of The American Commonwealth
has to say about the conceptions OF the
Constitution " tho United States asso-
ciated with the names OF Hamilton and
Tocaueviile; about tho Constitutions the
Orange FREQ State and the South Az
rican Republic. and about the latest eS-
pertinent IN federal organic law, the Austral-
ian Constitution. In connection with these
topics, to each Of which n chapter is allotted,
Il may be well 10 mark the general con-
illusions reached by Mr.. Bryce in an essay
In which the various examples OF Flexible
and Rigid Constitutions are reviewed
IL is in a paper entitled THE United
States Constitution as Seen in tho Past
that our author recalls the predictions of
Hamilton and Tocqueville. and considers
the extent TO which these predictions have
been verified. These predictions are con-
tanned, II Is well known, in two books, one
OF which, The Federalist. reproduces a
series OF letters written in 17ss by Hamilton,
Madison nd John jay. while the other.
Democracy In America sets forth the
observations and reflections made by
Alexis de Tocqueville in the course Of a
tour In the United States in 1882.
After reciting in detail the predictions
made on the one hand by Hamilton and his
cola borators In The Federalist' and Of
on the other by Tocqueville in his .Democ-
raoy In America" our author proceeds
TO compare the events which have actually
taken plsce with those which were ey-
pect.J hy the two most conspicuous students
Of our institutions. We are, for example
reminded that the Federal republic organiz-
ed in 1850 has Jared far otherwise than
rs Hamilton and his friends either hoped
or feared. In this. however. Mr.. Bryce
can see moth ing 10 impeach their wisdom.
sThey saw the dangers Of their own time
and, like wise. and patriotic men, pro-
yided the best remedies which eXi> ing
conditions permitted. Some dangers '\ey
overcame so completely, particularly We
financial misdoings Of State Legisla-
lures, that these have now passed out
OF memory They could not foresee what
the power OF money would become, be-
cause there was then little money In the
country. They could not foresee the as
tonishing development Of party machinery,
because II h a perfectly new thing In the
history OF the world: and human i'm
agination never does more. AT any rate
In the Geld Of politics and sociology. than
body forth things a little bigger than or
In some otherwise "a little varying from
what they have been before. IL nno
create something out of nothing Least
of all could they divine what the results
would h- 81 the ooexi-tsnce Of the money
power and the party machine Nor did
even Tooqueville. writing half a century
later. when wealth had already appeared
and the party machine wa Ia place. be
ginning 20 work. perceive what both had
a. store"
Our author nsIt inquiries hoS Tocqus-
VILE would amend hhs cnucirins we're he
surveying the p-lanornena - today II
A. suggested that hs would Ma a. he pml-o
of ths United States that H. I-oplr n.--
tAblishsd thsir fcderal GoNrrnmrui on
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