The Washington herald., 1907-12-01
The Architect Of tho Conxtitution

4 revelation Of the extraordinary politi-
cal genius Of our Revolutionary fore
fathers appears in a memorial prepared
by Prof. Hannis Taylor. OF this city. Tor
presentation 10 Congress in behalf OF Pei
atiah Webster, the Philadelphia merchant
and financier, who is believed by Mr.. Tay-
Tor to be the real architect Of our Fed
eral Constitution. Mr.. Taylor declares.
without hesitation. that Webster is sec
ond 20 Washington alone among our ma
tion-bulders, and that "he has made a
larger personal contribution to the science
Of government than any other one indi-
vdual in the history Of mankind" This
assertion is based on the documentary
evidence. reprinted with the memorial az
forded in a pamphlet published by Pela-
tiah Webster in 17S3. embodying a
scheme of federal government substan-
TALLY the same as that later adopted by
the convention of 1877.
Mr. Taylor attributes to Webster three
original features Of federal form Of
governments bicameral federal legisa-
ture, tripartite division of federal pow
ers. and federal authority TO execute
the enactments Of the central government.
In all considerations preceding that or
ganized in our present Constitution. these
features were lacking. Endowing a fed
eral government with power to enforce its
own laws over every foot Of the federated
territory and TO exert its authority di-
rectly upon the individual citizen was, as
De Tocqueville acutely observed. "a
nh
coveTy in modern political science" This
discovery belongs of right 20 Pelatiah
Webster, who so impressed his ideas upon
the public men OF his time that they We're
vital features of every draft Of a coustI-
tuition presented 10 the constitutional con-
vention, and were retained in the docu-
ment finally agreed upon.
Some extracts from Websters disserta-
ton will show, better than any comment
the constructive quality of his mind. In
stead of the inefficient and powerless con-
federation. he outlines a self-executing and
self-sustaining national system of gov
eminent. based on these propositions:
The supreme authority Of any state must have
power enough 10 effect the ends Of its appointment
otherwise these ends cannot be answered and Of
fectually secured. begin with my first and grea:
principle. viz: That the Constitution must YES,
powers in every department sufficient TO secure and
make efectual the ends Of il. The supreme au-
thoriy must have the power Of making war and
peace-of appointing armies and navies-of appoint
ing officers both civil and mili;ary-of making con
tracts-of emitting, coming. and borrowing money-
Of regulating trade-Of making treaties with foreign
powers-Of establishing pOst-oices-and in short Of
doing everything which the well being Of the Com
monweaith may require. and which is not com
Iatiblo to any particular state
The central government, Webster wrote
must of necessity be vested with the DOW
er of taxation, in place of the antiquated
method Of obtaining Federal revenue by
acquisitions on the States. As to the
supremacy Of federal law, Webster said
NO laws Of any state whatever which do not
carry in them force which extends 10 their e.
fcctuAl and final executions can afford certain or
sufficient security to the subject-this is too plain
TO need proof
Il propose that if the execution Of any act OF
order Of the supreme authority shall be opposed BIZ
force in any Of the States. it shall be lawful for
Congress to send into such State sufficient force
to suppress it,
In his definition of the reserved rights
of the States. he anticipated the tenth
amendment:
Il propose that the powers Of Congress. and all
the other departments acting under them. shall all
be restricted 10 such matters only Of gsncral ne.
cessity and utility to all the States as cannot
cine within the jurisdiction q any particular State
OK to which the authority Of any particular State
is competent that each particular State shall
enjoy all sovereignty and supreme AUTHORITY to AL
ntcnts and purposes. excepting only those high au-
thorities and powers BY them delegated 10 Con
sTess, for the purposes Of the general Union
Every element that differentiates our
Federal Constitution from every other
that preceded it. Mr. Taylor concludes.
was the deliberate invention OF Pelatiah
Webster" Webster's system was known