The Washington herald., 1907-12-25

dress at the New England Society dinner
in Philadelphia Monday night, gave to
Benjamin Franklin the credit of originat-
ing the Constitution of the United States
Thus he took direct issue with DIT
Hannis Taylor. former Minister to Spain.
who, in a late magazine article and a
subsequent treatise presented to Con-
gress, offered what seemed convincing
proof that Pelatiah Webster was "the
original designer or architect Of the
present Constitution of the United
States, % and that ''he it was who gave to
the world the path-breaking idea Of a
Federal government operating directly
upon the citizen and not upon the States
as corporations"
Challenged the Webster CInimS.
Senator Knox challenged the accuracy
OF these claims and said:
do not seek TO detract one iota from the ms,
lame OF Pelatiah Webster and I honor the distin-
slished purist. Mr.. Taylor. for his disnfcrestcd
ara enthusiastic advocacy Of his claims Ia the dis
q'ey Of great political principle gratefully
admit his claim that a Pennsylvania promulgated
the greatest single effective Federal principle civili
zaiion has produced and DO not detract from New
Lrglands share in the honor when claim the eri-
dcnce establishes that the man entitled to the credit
OF lis first public announcement was born in Asssa
clnsetts and not Connecticut: that his name was
Franklin, not Webster
DIT Taylor, whose "The Origin and
Growth Of the English Constitution"
holds the place in England occupied bv
Hon James Bryce's American Common
wealth in this country. and whose writ
inss have given him worldwide recogni-
tion as an authority on legal and con
sututional subjects, welcomed the Penn
sylvania Senator's challenge becauso nc
lie said yesterday. it gave fuller oppor-
tunity 10 prove the claims set forth in
behalf Of Pelatiah Webster. He now re-
spectfuny asks Senator Knox to debate
the subject with him before the Bar As
soeiation Of the District Of Columbia.
HanniN ThyIor's Rejoinder.
IN & statement to Tho Washington
Herald yesterday. Dr. Taylor said:
Since il has been my good fortune o.
unearth the epoch-making document %
February l6 1883. in which Pelatiab Web
ster announced TO the world. as his in
vention, the entire plan Of our Federal
constitution, worked out i'm detail mora
than four years before the Federal CON
Vention Of 17S7 met, have been bopjne
Tor the opportunity Of controversy win
some worthy opponent who has given
serious study 10 the subject. I am for
tunate in finding such an opponent IN
the brilliant and learned Senator E-ro,,
jurist and statesman, for whom !
have the highest esteem. I am more
than fortunate in the fact that sucb a.,
opponent should have chosen as an on
posing candidate to Pelatiah Webster tho
most vulnerable name, perhaps. the Rev-
oluuonary epoch affords. say tho mos,
vulnerable for the reason that Renfartr
Franklin was the architect Of our frs,
Federal Constitution. known as the Ar
ticles Of Confederation.
Madison says: Tt appears ,ba+ 90
early as the 2lst day Of July. 1775. a plan
ehutied Articles Of confederation and
PetPetual union or the colonies had been
sketched by DR.. Franklin: the DIap ~
ing on that day submitted bv him 80 c.,
SreSs' and though not copied into tnair
Journal, remaining on their files IN bie
handwriting. In commenting on the
structure Of the Federal system thus de.
VlSed. Bancroft says: The committee fo,
framing the confederation. misled partIv
by rooted distrust for which the motive
had ceased. and partly by erudition v-hicb
studied Hellenic councils and leagues as
Well as later cOnfederacies. took for ite
pattern the constitution of the I-nited
provinces, with one house and no .central
power OF nnal decision. These evils were
nearly fatal TO the United Provinces
themselves. although every one OF them
could De reached by a messenger within
uay Journey and here was a conti-
nent of States which could not be con.
suited without the loss of many rnontbs
and would ever tend to anarchy for The
want Of agreement in their separate dc.
hberatiOns
Franklin Evolved No New Tdoo
As all the world knows from the dav,
OF the great leagues down to and in
cluding the articles Of confederation al
Federal governments have been con.
structed on a single plan at once clumsy
and inefficient They all consisted Of ,
union of States cities, or districts. repre.
sentatives from which composed a single
Federal assembly, whose united power,
could be brought to bear, not upon in
dividual citizens but only upon cities
or States rs such. The Fundamental
principle upon which all such fabrics
rested was the requisition system IN
der which the Federal assembly was only
endowed with the power to make re-
qWsiuons Tor men and money upon the
States or cities composing the leagle for
Federal purposes, while the States alone
in their corporate capacity. possessed the
power TO execute them. Such was the
nature OF the Federal system. construct
ed by Franklin in 1776. at a critical
period in his country's history-a system
which ended. as all the world knows in
hopeless failure and disappointment. All
Jurists and historians concGr in tn con
clusion that Franklin's plan did not en-
BODY one single new idea: in II he did
not add one iota to what the world had
knows for 1900 years.
The Four Basic Principles.
As early as 17Sl Pelatiah Webster per-
ceived that Frankln's Federal Consti-
tuition was a failure, for then il was. as
Madison tells US. that he proposed the
calling Of a continental convention for
the purpose of making new one. He
tells us in so many words that he was
fully of opinion that il would be ten
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