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t "- --"i " ""iwpwp- ffroffTOF wwgippaPpwppwffEw.i kOM ivitir books. Cktn(M la Onr Slate Canstltatleas. Illi a book of a type essentially new which Mr. FaAWcis Nkwtok TnonrK h given us In the two volume collectively entitled A On tHtutionat ITietoru ofthr American People from ttH to UK. (Harper's.) The record of the rotation of government In this country since the Revolution which I here presented reete pon authorities hitherto almost entirely dls regarded These are principally the law and oostftntions of the various Stales, and the Journal, proceeding and debate of constitu tional convention We sr reminded that the constitutional convention originated In America, and ha become a recognized po litical Institution in modern government. Onr author la inclined to regard It M the chief contribution of thle hem isphere to the political agencies of the world. It maybe defined a a grand commit tee of the constituency authorized to aubnilt a 'Plan of government. Thn discussion which have taken place In Htate conventions have been hitherto neglected ; not sufficient heed ho been paid to the value of the evidence they furnlah concerning the nature of American civil Institution and of their working and drift. The traditional distinction between State administration and l'edoral government has dona mueh to establish a popular notion that the two polities rest on illfforent princi ples. The reverse, of course. Is true. The purpose of these volume i to show wherein the State oomioing the Federal Union In 1850 differed from the Thirteen Colonic which proclaimed their Independence In 1 776. It Is certain that the conception of tin State and of its functions hnd. In the In terval, greatly changed. Civil relations had ometo bo seen in a new light. Citizenship was defined nnew. The coordinate branches lit government were conceived not only under revised relations, but a under a stricter ao- Beotrntablllty to the people. Representative government In 1H50 sat more ilrmlv in Its continental sent: the anxieties and strivings of the early years of the republic woro gone; the people seemed not only poised, but aggressive and almost proselyting in their po litical confidence. The democratic spirit had permeated the land: local government Id towns, cities and counties felt Its power. De moaraoy. In a word, bad so reconstructed its ideals that it seemed to have passed through a peaceful revolution. The details of this revo lution will be found recorded In the later chap ters of the second of these volumes. It I to some of thoso chanters that wo would here in vite attention, after a preliminary glance at the work which had been done with respect of con stitution building during the last quarter or the lastcenturv. I. It is a fact the significance of which I often overlooked that the sixteen .State which com prised the Union in 1800 hail adopted no fewer than twenty-six Constitution in the preced ing twenty-four years. Their activity In this direction was engendered by the Incomplete ness of the Constitutions made amid the stress of war. Home of the original declarations. In deed, remained unchanged. The doctrines of natural rights, of the social compact and of popular sovereignty could not be abandoned. Ono phrase found In several of the Intercolo nial charter was elaborated In (he first State Constitution into a new principle. Colonlts who by royal charter wero said to have all the liberties and Immunities of free and natural Subjects of Ctreat Britain, could, without greut i intellectual effort, at leust in the eighteenth century, when accusing the King of vio lating tho social compact and leaving them "in n state of nature," claim that their rights were natural. This, which was asserted for the first time in the Mew Jersey Constitution (177tl), may be said to ho the fun damental doctrine of democracy In America. Mr. Thorpe points out that all the provisions In the American hills of rights wore once admin istrative measures. Ho would describe thorn as past politics gone to seed, the outcome of the mature experience of men in social rela tions. If government were not a matter of ad ministration, there would ! no hills of rights. These need not necessarily bo written. They may be secured In the customs or traditions of people, l'erhaps tho best Illustration of the manner of their coming Into being is afforded by the amendments to our Federal Constitution, Which constitute tho National bill of rights. The first ten were common to the first State constitutions: tho remaining five were added to safeguard administrative measures accept ed as final at the time of their adoption. The normal organization of the Legislature In the original State Constitutions was in two branches. In Pennsylvania. Georgia and Vcr- Iinont, however, the State Legislature was, for time, unicameral. The division was not an Inheritance from Kuglnud except as to form. Functionally tho two house in Amer ica differ widely from the Kngllsh. us was thoroughly understood In the eighteenth cen tury. The life tenure, tho membership by In heritance, tho landed Interest of the House of Lords, hnd no place hi the'Seunto of an Ameri can State. The functions for which the Eng lish system provides we secured by a conven tional arrangement of elections, tenure of office nd prescribed powers. In a similar way we established the lower chamber, with functions analogous to those of the British House of Commons. Mr. Thorpe attaches but little im portance to the variations iu legislative title. The term Sonato and House were sufficiently common to givo names to the branches of the Federal Legislature. Annual elections of the lower House prevailed and continued till their cost and tho superfluous legislation they en gendered compelled their abandonment. Rep resentation in the lower chamber was vari ously apportioned. The basis was property, Civil corporal ion, tuxublo In habitants, electors. population or sumo combination of these ele ments. The "Federal number," as the pro vision for represenlatlon of throe-fifths of the ahtves was called, was adopted in only one State (Georgia. 1718). though proposed lu sev eral in later year. In States having cities con taining n large proportion of the population (Massachusetts, New York, Pennsylvania and Maryland) u struggle began early between ru ral and urban interests, which has continued to the present time and has affected tholr suc cessive constitutions. In every instance the rural Interest has triumphed, and tothecity Has been denied the proportion of representa tion to which its population has entitled it. The custom of fixing tho minimum and maxi mum number of both House and Senate began at an early day. Changes in population wero usually provided for by a sliding scale of repre sentation basod on a census. As in later times, the practical definition of a district proved a difficult problem. Its solution could bo. at best, only approximate and temporary There was sum to remain a fractional population in many districts, which in the aggregate consti tuted more than the ratio of representation. As early as 17(K), in Kentucky, an attempt was made to recognize this remainder. Rut neither then nor since has tho mode of recognition been accounted satisfactory, though successive statu conventions have wrestled with the problem. The demand for equitable representation was one of the chief causes of the number of State Constitutions that caine into being before lsoo. II. Though the fundamental notion or eighteenth-century democracy was equal rights. the early State Constitutions carefully discrim inated between those amoug the population who were qualified to vote end to hold office ana Mioee who were not qualified. The vot ers constituted only a small fraction of the peopie: and tnoso who were qualified for office were but a small fraction of the voters. The representative in a Hi ate Legislature was (quired to be of a certain age. to have resided la the State or district a certain time, to pos sess a certain amount of property, principally la land; to profess a certain religious creed and to be nutivu born or a citizen at the time when the Constitution was adopted. Only white men were eligible to office. As the qualifica tions wer carefully detailed in the Constitu tions, they must be luturpreted ss expressing M i jsBjksaw subtle opinion. In but few Instances were they left to the discretion of the Legislature. They show whst were considered the guar antee of public safety. Men possessing them were accounted a having "a permanent com mon Interest with the community," or, in other words, "a stake in the commonwealth." Edu cation at public expense, which is now deemed an element so essential to the general welfare, was comparatively overlooked In the eighteenth century. The need of school was felt, however, nd was met In part. Five States, to wit. Massa chusetts. New Hampshire. Vermont. Pennsyl vania and Georgia, made the support of schools obligatory upon the Legislature. The silence of other State Constitutions on the subject should not bo construed as evidence of wilful neglect of learning. The States w re poor and deeply In debt. Individualism ruled tho hour, and It was not thought to be a function of a State to do for tho citizen what he ought to do for himself. John Adam may be looked upon a the father of the public school, the State university, the Stale college snd the normal school. He realized when ho Inserted the educational clauses In the Constitution of Massachusetts that ho was departing from precedent, and feared lest all would be struck out. Save In New England, the Idea of State fostered education Iny dormant, until the Fed eral Government began to mnke donation of public lands exclusively for school purposo. The State Constitution then introduced nn administrative article on education. In our day. of course, the right to education ranks in popular estimation as a fundamental civil right. Departure from English precedent was in evitable in the case of the State Senate for this, bolngan electlvo bodylike the House, wss responsible to the same constituency, a condi tion that has never prevailed in England. Origi nally In all States only tho lower house could bring In a money bill. It was Tennessee which in 1706 inaugurated the change that after 1SIKI was gradually to overspread the country, tho change permitting money bills to originate in either house. This alteration was t he forerun ner of many anothor, until the state of things was reached which is em bod iod in the later Htate Constitutions, and In pursuance of which the Senate differs from the House In but a few ma terial particulars. The origin of the State Senate I suggested by tho name it bore in several Htate (Delaware. Now Jersey, South Carolina, and New Hampshire), the Legislative Council. This original must not he confused with the F.xeou tivet'ouncll, which for a time existed in most of the States, and survives In three, namely. Maine. New Hampshire and Massachusetts. The State Senate sprang from an Idea imbedded in many colonial charters, that. In addition to the colonial Assembly, which was elective, a second council should be appointed. As the theory of checks and balances took possession of t lie public mind, the State Senate, as we now know it, was devised as a set-off to the House. It was the most artificial part of the new civil system, and its functions have never been so distinctly marked In the popular mind as those of the House. Nor I It strange that a proposal to dispense with it has been made from time to time. As its functions have come to be nearly identical with those of the House, Its existence has become precarious. It seems to weaken as the administrative part of the body politic strengthens, but it should be noted that the Houhc has weakened at the same time. It might bo expected, previously to ex perience, that tho Senate would be Invigor ated by lining empowered to originate money bills. On the contrary, the conviction has gained currency that the dualism is superflu ous and that tho smaller body should bo perma nently dissolved. 1 he original advisory func tions ol the Senate are now performed largely by commissions, administrative boards and in dividuals who, in theory, are exports. All this body of administrative agents was wanting in the first State Constitutions, excepting a few military, fiscal and land officers. Senatorial apportionment differed from that for the House. It was by groups or masses of population, rather than by single towns or counties. The basis was property : that of the House, though varying, was persons, or per sons and property. The "district" came into existence in the attempt to establish a basis for Senatorial apportionment. To secure all the benefits of the Senatorial device, the retli iug clause was worked out by which Democracy secured a changing body (tho House) and a permanent one Ithe Senate) at the same time. Tho State thus established a precedent for the nation. The Senate was a smaller body than the House and chosen for a longer term : the qualification for Its members were a little more exacting. The Senator was sn older and, in some Stales, a richer man. A body so conventional In origin might be expected to illustrate temporary expedi ents, or schemes of election. Of these, the most notiaeablo was the Electoral College, the prototype if not the precedent for the Presi dential electors. The States speedily aban doned the college: Maryland, In which it origi nated, and Kentucky, which borrowed it partly from Maryland and partly from the Constitu tion of the United States. The idea early took root that each county should have one Senator, but the theory of equal representation com pelled a proportionate recognition of the more populous counties and increased the difficul ties of apportionment. Various devices were tried to keep tho membership of the State Senate iu a ratio with population, but none gave full satisfaction. The functions of the Senate were partly copied from those of the House of Lords, as. for Instance, the right to act as a court of Impeachment or a court of law, but they were. In part, conventional, like the right to elect the Governor (Georgia. 1789). The first privilege led toconfusionof legislative and judicial functions: the second was soon recognized as undemocratic. Refore the last century closed the Senate came to be regarded as representing tho property, the House, the person in the State. The distinction was, for half a century, a political Issue. After IH'-'u the State Senate gradually became a demo cratic body. III. Distrust of executive power and fr of ex ecutive usurpation characterized American democracy, as tills found expression In the early State Constitutions. Executive, like leg islative, titles variod among the States. The unwritten law of official life, however, has at last given all Governors the title prescribed in the Constitution of Massachusetts, whence it has come to pass that tho Executive of a State is addressed as " his Excellency." whereas the Federal Executive Is addressed simply as " the Prosldont." Whore democracy was strongest and most experlencod. as In New England, a Governor might bo reelected at the will of the people: elsewhore constitutional limitations more or loss uffeeted the choice. Executive quslitli'iit io.;s were more discriminating in de gree than those laid down for Senators : a can didate for Govornor must he longer a resident of n State and be Ksessed of a greater amount of property. The office, in some States, was accessible only to the few who possessed strong family influence. The Governor was chosen by tlio Legislature, ex cept in New England nnd Now York, where he was chosen by the electors. Not until Jaek sonian Democracy revised the State govern ments generally, was the Governor chosen by popular vote throughout the Union. It Is fur ther to he notod that, when the early State Constitutions were made, the Governor was conceived as a military rather than a evil offi cer. His military duties were quite carefully outlined : his civil functions were obscure. He shone in the splendor which now olothes his staff. In popular fancy, he was the man on horseback. To-day he is the man with the quill. His civil functions now almost wholly eclipse hi military. The last quarter of the last century was a military period, and the soldier, rather than the civilian, was the hero. It was the ago of captains, us tho period eighty year later was the age of colonels. The State was conceived as a military rather than an industrial machine. Safe guards were, consequently, established against an abuse of authority by the Executive. The pardoning and the veto power were not freely given to him. Few were the appointments st his disposal, and those chiefly in the militia. He could not, unaided by bis council, nominate Judges or ths few civil officers which the State required, such ss the Attorney-General, or the Sheriff. His function In legislation wss obscure. Popularly, he was supposed to exe cute, not to make. laws. Re was expected, in deed, to send sn annual message to the Igl latu re. In which he pointed out the needs oi ths Htate. For a time. Legislatures seem to have taken these messages literally. In our day, they are consigned to committee, snd for gotten. The message of the early Govern ors - remain fair Indices of early legisla tion. As long as this state of things continued. It was needless to limit the power of the Assembly, and Increase that of the Gov ernor. Relatively powerless; as he was. how ever, he was conceived to be the head of the Htate. That his office was considered one of great dignity Is illustrated by the early history of the National Government. When President Washington came to Boston. Gov. Hancock held that It was the doty of the Federal Execu tive to make the first call. Men preferred the office of Governor to that of United States Sen ator. Cabinet Minister or Federal Judge. John Jsy resigned the office of Chief Justice of the United States to become Govornor of New York. It was a sign of the times. The Stato offered more than the United States to him who sought a political career. To become Governor was to reach the summit of political grandeur. We should not omit to point out that, of the Executive Council, deemed. In the last century, to bo essential to the protec tion of the people, little now survives. Its original function In colonial times had been to control the administration. It was never a cabinet. In tho first State Constitu tions It represented popular distrust of the Governor of the State, as. in earlier timos.lt had represent :d royal distrust of the Governor of the colony. The growth of administrative offices later involved the decay of this Council. For n time It stood for the civil side of execu tive power, as the Governor stood for tho mili tary side. Chosen usually by the Legislature, it began to change in political character when the members were elected by districts. Refore It had disappeared, it hnd come to exercise executive, legislative and judicial functions, leaving to the Governor little except military power. It is a curious fact that, although the Governor ha Increased in authority, ho Is a less conspicuous figure in public affairs, and Is less looked up to than he was a hundred years ago. IV. The Htate courts, like the colonial, followed tho English type: but a distinct State govern ment required appropriate tribunals. The county courts were continued, and a new court was created: the two sets were distin guished as the inferior and the superior or supreme. The nisi print .system was about to be changed. Superior courts exercised both a law and an equity jurisdiction. There were courts of chancery. Judges were appointed by tho Governor, or chosen by tho Legislature, usually for tho term of good behavior. The unreasonableness of the age limit on judges was proved by I he appearance of Kent's "Com mentaries." after their author had retired from the bench on account of constitutional disqualifications. Judges were removable. As is the case to-day. the jurisdiction of tho superior courts was final in all cases. Thus appellate jurisdiction was regulated in each commonwealth by law. Not. infrequently the Judge was. ex officio, a justice of the peace. The courts wero too numerous, and their jurisdiction was too various for them to be easily classified. They were largely the creatures of the Legislature, Their titles help to indicate tholr character: Probate, Admiralty. Orphans', Chancery. Common Pleas, Oyer and Terminer. Georgia began the innovation of defining jurisdiction by specifying the money value involved in a caso: the precedent has been freely followed. The courts met much as at present, the number of sessions being regulated by law. Clerks were appointed by the Judges. All writs ran In the name of the Common wealth, as they hod previously run In the name of the King. Justices of the Peace were ap pointed by t lie Governor or elected by the As sembly. Democracy had not yet secured con trol of any part of the judicial system. The Justice was a local dignitary, who wrote esquire after his name, and was commonly called the Squire. Usually he continued In the office for life, and prospered on its fees. Never were people more given to litigation than were the Americans In the last century. Rest known lu each county was the Sheriff, whose office was tho first Important one, nfter that of Representative, to be filled by popular election. His duties, it was thought, could not be safely Intrusted to any man. save for a short time, and not for successive terms. It was his func tion of custodian of public and private moneys that forbade re-eligibility until his successor had had time, as it was said, to "go over the books." The jury system was as yet unshaken. The right of trial by jury ranked high among the proclaimed rights of man. Consequently, the jury of twelve men, and the Grand Jury of nearly twloe tho number, were conceived to be pillars of State. Coming to the basis of the State Constitu tions, we observe that the electors were free white men. Only a few electors North and South were free persons of color. Their In clusion in the electorate in New Jersey and North Carolina was, doubtless, an oversight. That colored men voted for a time in New Jer sey, as well as in New Hampshire and Massa chusetts, is unquestionable, but, in the first named State they were disqualified In 1807. The majority even of white men were not per mitted to vote, although (lie qualifications for electors wore less exacting than those for officeholders. A shorter residence and less property wore required. Tho landless man. It was thought, could not be trusted. Universal suffrage as we know It was unthought of. The voters and officeholders constituted a landed aristocracy. Property was the basis of government, and continued to lie In the older States for more than fifty years. Mr. Thorpe thinks that in 1800 the number of electors did not exceed 150,000, although the population had reached 0.000.000. The struggle for the extension of the franchise began before the century was over, and won Its first victories when new States wore admitted early in the nineteenth century. The men who made these early organic laws realized that they might serve only tempo rary purposes, and provided for their amend ment and revision. To the Legislatures was left t be initiative In such emendation. Penn sylvania and Vermont created a Council of Censors to guard the Htate Constitution and suggest changes. To prevent hasty ones, some States provided for periodical revision. In making many of the flr.it State Constitutions the electors had not been consulted, but amend ment and revisions were usually made with their consent. In some States ohanges were difficult to bring about, the elements necessnry to effect them not being likely to work Har moniously at any given time. Gradually the process of amendment became simpler, and to the electors the Legislature submitted the question of calling a convention. Gradually, also, the practice prevailed of submitting the work of the convention, when completed, to the electors, that It might receive their ratification. This has become the normal procedure. The eighteenth century Constitutions wore general in character, and usually short. De mocracy greatly modified those Instruments during the first half of the nineteenth century. They became more like laws, and less like the Constitutions with which the Commonwealths began. The change waa twofold, conforming to the dual development of the country North and South. The northern aone represented the expansion of New England. New York and Pennsylvania; the southern aone, that of Vir ginia. Carolina and Georgia. Two streams of migration were pouring over the country, and the northern stream waa swelled by Eu ropean tributaries. Ths southern stream was American In origin, and but slightly lncressed through any foreign contributions. The obstacle in the path of immigration into the South and Southwest waa slavery. After 1835 the inpour of Europeans ' rapidly In creased, sod lu less than twenty years gave the balance of political power to the people of the North. All this time the Southern Slates deliberately excluded foreigners, snd did not I welcome migration from the North. TheSotith ultimately realised that It was falling behind In wealth and population. It was the recogni tion of this fact that made It desire a separate slave metre stretching into the tropics. v. While the Union Increased between 1800 nd 1850 from sixteen to twenty-one Htate. thirty-two new State Constitution and 150 constitutional amendments wen adopted. Of these Constitutions, nineteen were framed by Northern States. During this first half of the nineteenth century, there were not many changes In the bills of rights. The period was too short : most of the alterations that dis tinguish the bill of rights of to-day from those of the eighteenth century were made after 1800. Nevertheless, the few changes observ able between 1800 Snd 1850 were significant. The right of admission into the Union hnd the right to prohibit slavery (In pursuance of the ordinance of 1787) wero now claimed as olvil right, and were asserted In the Northern Con stitution, especially those west of Pennsyl vania. Tho Ordinance of 1787 had proved to bo epochmnklng. and was instrumental in hastening the issue between the slavery regime and free democracy. Sanguinary laws wero vanishing from the statute books, and Penn's declaration was appearing that " the true design of all punishments is to reform, not to exterminate, mankind." Reform in this direction Included tho abolition of imprison ment for debt, which had been gradually evolved from sentiment Into law, and, in Ohio, from taws Into n provision of tho fundamental bill of rights. Tho st niggle for existence com pelled people to cherish and support public sohools, and for tbe first time' the world heard of an innate right to education, or, as it was sometimes put, to equal educational privileges. Other laws than those abolishing imprison-' ment for debt were Incorporated in constitu tional provisions. Public servants were de clared to bo subject to Investigation: the truth could be given in evidence nnd the common law maxim was nholislied, " The greater the truth, the greater tho libel." As now organic laws were framed In the flrsthalfofthopresentcentury.it was notice able that the old colonial eccleslssticlsm fell away, and the new Constitutions, one by one, ceased to provide for the union of Church and State or for the support of churches by taxa tion. Religion became a voluntary Institution. The earlier State polities had been distin guished by religious and property qualifica tions. Recause these restrictions were un democratic, and discriminated oven against white men, they were speedily attacked by the reformers, and most of them had disappeared by 1850. Usually they were abolished by law. but their ultimate fate was inscribed in the bills of rights, and first In Mississippi in 1852. Though Michigan, in 1850, Incorporated an exemption clause in its Constitution, it was done with some doubt of Its equity. It was thought to endanger the rights of creditors, and to interfere with the rights of contracts, if It did not violate them. Public sentiment, howovor. w'hioh Is usually created by the debtor class, demanded the innovation. The exemp tion from seizure of a certain fraction of a debtor's property seems to have been largely the effect of the new recognition of the rights of married women. Mr. Thorpe regards It as a form of life Insurance, wherein the State is the Insurer, and the debtor the insured. It fur nished additional proof that a democratic form of government tends to favor the debtor class. This Is to be expected, seeing that debtors are in the majority. The author of this book ex presses, howover, a doubt whether the in clusion of tho exemption clause in many new State Constitutions had strengthened public morality. During tho period from 1800 to 1850 It be came the custom to divide t lie Stato Senators into classes, and thus the State Senate, like the national. was mailen permanent body. Changes in population caused frequent reapportionment, and these were on a varying basis. Usually, for the House, the unit adopted would be that prescribed for local government in the State : the township in the North, the county in the South. The struggles to secure, equitable ap portionment were always vigorous; of these the most serious was the Dorr rebellion in Rhode Island. Even when the township or t he county was adopted as the unit the problem of apportionment was still unsolved. How many people or voters, how much property, should be the basis for one representative? The answers to this question would constitute the political history of tho State in the period under review. Representatives were apportioned sometimes according to pop ulation, sometimes according to the number of free white males : then again, according to the number of voters: elsewhere, according to the taxes and the number of white inhabit ants, and, sometimes, according to the number of whites and three-fifths of the person of color. Another difficulty was the size of the House. Most of the States cither fixed the number or gave a maximum and minimum, the Legislature apportioning at discretion within these limits after the periodical census. The membership of the Senate was supposed to bear a constant ratio to that of the House, usually 1 to 3 or 1 to 4 : but. In States hav ing largo cities, like New Y'ork. Pennsylvania. Maryland and Louisiana, the restriction on municipal representation affected the Senate. As the middle year of the century drew near, the two bouses approached a common type. In colonial and early commonwealth days, they had differed chiefly as regards the power to levy taxes. Ry 1850, it had come to pass in thirteen States that a revenue bill might origi nate in either house. This was a significant. change in American democracy. It meant t hut one old Idea at least had been given up, and that this spoke in the wheel of checks and bal ances was recognized as superfluous. It one were to judge of tho General Assem bly by the compensation of Its members dur ing the first half of this century, he might conclude that ability was cheap or the thirst for office great. Seldom was the pay of a mem ber more than S3 a day. The presiding officers usually received (5. Then, however, a mem ber had. as he ha now, various opportunities "to look around," and sometimes he profited by what he saw. The multiplication of laws against bribery and corruption and the pro visions against them in the State Constitu tions are evidence that it was supposed to be profitable to be a lawmaker. As a matter of fact, nevertheless, the roan who took up poll tics for a living usually died poor and forgot ten. Michigan sot tbe precedent in 1850 of providing by Its Constitution that each member of the Legislature should be entitled to stationery and magazines "in amount not exceeding $5." In all the States there began during this period the practice, which has since become expensive, of publish ing and distributing gratuitously public docu ments. Usually an ex-member would possess a set of these, specially bound In heavy mo rocco, with his name displayed in large gilt letters. The commonwealths learned from the Federal Government this costly habit of publi cation, which has gone on until the aggregate collection is quite beyond computation. VI. Two radical changes affecting the Htate Legislatures were In progress during the first hslf of the century, one limiting their powers, ths other defining their duties. The limitation of powers embraces the mass of constitutional provisions forbidding special legislation : the definition of dutlea makes certain legislation obligatory. The special legislation prohibited related chiefly to slaves, lotteries, banks, fiscal corporations, local indebtedness, divorces, monopolies, the sale of public property, the rate of interest, sinking funds, ohangs of county or town boundaries, internal, improve ment, private bills, and the loan of nublio credit Such prohibitions began in Ohio in 1803. and wero multiplied In every succeeding State Constitution throughout the Union. Legisla tive obligations were less numerous. They related chiefly to steps in legislative procedure, the establishment and maintenance of schools and sinking funds, the exclusion of free negroes I r nn the State, the codification of aws, the emancipation of slaves, the reg 1st ration of births SMI deaths. th founding of township libraries. th equalisation of taxes, the regis tration of bank notes, snd the care of the deaf and dnmh, trie blind snd the Insane. After the panic of 1837 all Legislatures were Inst meted to seenre the people against the abuse of credit by banks, by Internal Improvements or hr Stale. county or town loans. The danger of granting unlimited power to the General Assembly had nvw come to be recognised. One Immediate effect of the recognition waa the- lengthen ing of tbe Stat Constitutions. They began to grow Into commonwealth codes and have continued growing to this dsy. The relative Increase during ths first half of this century la exemplified in three States, which are exam ined at length In the book before us. The Con stitution of Louisiana of 1814 was expanded thirty-one years later In the ratio of 7 to 3; that of Kentucky of 1700 bore to that of 1840 the ratio of 3 to 3; that of Mlohlgan of 1835 was but half the size of that established in 1860. In verv Instance where a State adopted a new Constitution It was larger, more com plex and carefully subdivided. To the chief executive officer of the common Wealth, all the Constitutions formed between 1800 and 1850 gave the title Governor. Hi function Increased In Importance after the country got on a peace footing. His term was lengthened and his powers were multiplied : he was eleoted directly by the people. The old colonial distrust of the Executive gradually disappeared as people learned that legisla tion may be foolish, and that the Governor can be made a check upon it. Administrative func tions were not yet wholly separated from the Executive, chiefly for tho reason that this re form was not yet felt to be needful. A begin ning was made however, through tho creation of the Office of Superintendent of Public Instruction. Tho Governor could not attend to the duties of that office. Next, as tho Htite founded charitable Institutions, homes for the insane, school for the deaf, tho dumb snd tho blind, the supervision of them was placod in the hands of administrative officers, who reported annually to the Legis lature. Commissioners of publio lands, of canals and of banks were appointed, as these Interests. reoeived apeolal recognition from the Stato. Their duties were administrative, and were distlnot from those of the Executive. In spite of the triumph of Jefferson's democ racy, there was no shortening of the executive term, nor any general provision against re election. Early In this century a long resi dence In the State was required, but nfter 1835 the longth of residence was rapidly cut down. Property qualifications for the office of Governor became unpopular, and were Ignored In practice before they wero formally abolished. The salary of the Htate Executive was small. In 1821 it varied from $000 in Rhode Island to $7,500 in Louisiana. At that time, fourteen States paid (2.000 or more: nine States, less than $2,000. It will bo remembered that, at the same epoch, the President of the United States received $25,OO0a year, and member. of Congress $8 a day. The pay of unskilled labor was from 25 to 40 cents a day, that of skilled, labor from SI to $1.25. District school teachers received $6 a month, and were "boarded round" among the families from which their pupils were drawn. Ton dollars a month was considered a largo stipend for a clerk ; (500 a year a princely salary for a clergy man. A physician's visit cost a shilling. Daniel Webster, who was then about 33 years old. Is thought to have had a practice worth (15.000 a year. This was abnormal. There were no millionaires, unless that title could even thon be applied to John Jacob Astbr and to Stephen Glrard. Seldom did a child have a penny to spend: there was lit let money in circulation. Clergymen wore paid iriostly In kind. One parishioner would bring potatoes, one apples, another butter and eggs, another a sheep, another a mess of pork, another a bag of flour, another hay for the clergyman's horse. With farm labor nt 30 cents a day and eggs at 6 cents a dozen, the Governor's salary was not below his dignity. During a large part of the period undor re view prosperity was the chief collateral secur ity which the States could offer, and they mort gaged it' to its full value. From early iu the century until alter 1837 tho American people weco spellbound with the delusions of flat money. No nation ever tried harder to make money bylaw. In 1830 a State for the first time put In its Constitution' a reserve clause on the side of Hie taxpayers. Arkansas then provided, that all .taxable property should be taxed, accopllngj to its valuo "In an equitable and uniform manner throughout tho State." It was flirtlitfr provided that poll taxes should be for county purposes, and that country prod uce should not be taxed more than enough to pay for the labor of Inspectors. In 1H44 New Jersey forbade its Legislature to grant a bank charter for more than twenty years; the grant must have the assent of three-fifths of both houses. In the Constitution of New York framed in 1840 the first definition of the erm corporation was attempted iu a State organic law. It should " be construed to In clude all associations and joint stock compa nies hsvlng any of the powers and privileges of corporations not possessed by individuals or pa rn ershi jis." a precedent for all the later con stitutions of the various commonwealths. In New York at this time the effect of the panic of 1837 was traceable in tbe constitutional provision forbidding the Legislature to "pass auy act granting any special charter for banking purposes," or "to pass any law sanctioning In any manner, direct ly or Indirectly, the auspenslon of specie payments by any person, association or corporation issuing bank notes of any descrip tion." Iowa, In the same year, went further than New York In seeking to secure a safe sys tem of banking. In tbe Constitutions of Il linois and Wisconsin framed in 1847-8 the articles on finance and corporations were even more elaborate Thenceforth tho space de voted to corporations in State Constitutions was rapidly Increased. It remains for the author of this book to trace tho history of changes in State Constitu tions during the last half of the nineteenth oen tury. and we trust that the task will be per formed with equal lucidity and thoroughness. M. W. H. Babylonia and Assyria. We are Indebted to Dr. Mokbis Jastoow. Jr.. Professor of Semitic Languages In the Univer sity of Pennsylvania, for a volume entitled The Religion of Babvtonim and Anuria (Glnn A Co. I. Even In 700 octavo pages it Is. of course, im possible to offer an exhaustive treatise on the subject of this work. What the author has here essayed to do Is to set forth In a concise and accurate way the conclusions based upon the latest excavations In the valleys of the Eu phrates and the Tigris, and upon the most ap proved Interpretation of the cuneiform texts. After two Introductory chapters Prof. Jastrow traces the history of his subject through the old Rabylonian period, the so-called Middle period (circa 2300 B. ('.). the Assyrian period and the latest, or Neo-Babylonlan period. Nat urally, the exposition of the old Rsbylonlan pantheon Is incomparably the most diffi cult. Not only Is the chronology relating to the period guesswork to a large extent, but the identification of many of ttie gods men tioned In the oldest inscriptions with their posterior equivalents, must be postponed till future discoveries shall have cleared away the obstaoles which now obstruct the student'a path. Ths recent discoveries at Telloh and Nippur have compelled a recasting of many views previously held. In dealing with this branch of bis scheme the sutbor Is careful not to pass beyond the range of what is definitely known or at least regarded as probably certain. We should note thst. In tbe transliteration of proper names. Prof. Jastrow has followed con ventional methods for names that are well known, ilk Nebuchadnezzar, and the general usage of aoholars lri the case of Others. I. Before marking some of pie conclusions touching the morality of the Mesopptimian peoples, which will be found summed up in the last ohapter of this volume, we should glance at the historical sketch which covers the long in terval between about 4000 R. C. and the middle i of ths sixth century. B. 0. The recent excava tions st Nipftur have poshed back our knowl edge of Babylonian history to the date first named. At that time the Euphrates Valley was divided Into a series of states or principalities which parcelled ont North and South Babylonia between them. These State grouped them selves around certain cities. In fact, a princi pality would arise from the extension of a clty'a jurisdiction, jnst as the later Babylonian Em pire represented the enlargement on a greater scale of the ritr of Babylon. Of these old Rabylonian cities the most noteworthy were Eridu. Lagash. Ur, Larsa. Uruk. Isln, in the South, and Agnde. Slppar. Nippur, Kutha arid 'Babylon, in the North. The mlers of these olties called themselves either "King" (literally, "great man.") or "Govor nor," according as the position was a purely In dependent one. or one of subordination to a more powerful chieftain. Thus the earliest ruler of the district of Lagash of whom we have Inscription (3200 B. C.) have tho title of " King," but a few centuries Inter Lagash lost It Independent position, and Its rulers became " Patesls." . .. Governors. These Governors were In a position of vassalage, it seems, to the contemporaneous Kings of Ur, who. In addi tion to their specific title, styled themselves Kings of Burner snd Akkad. It la uncertain whethor, at this time. Burner and Akkad In cluded the whole of Babylonia or only the southern part, but, In either case, Lagash would fall under the jurisdiction of these Kings. An ethnological problem confronts us In connection with this first epooh. Are there any traces of other settlers besides the Semitic Babylonians In tbe earliest period of the history of the Euphrates Valley? Those who cling to the theory of a non-Semitic origin of the cuneiform syllabary of course answer In the affirmative. Burner! ans and Akkadians are the names given to the non-Semitic settlers who are assumed to have preeedokl the Babylonians In the control of the Euphrates Valley. No positive proof, however, is forthcoming that Burner and Akkad were ever employed or understood in any other sense than as geographical terms, and Prof. Jastrow holds that we are not warranted In going be yond the statement that the evidence points to the existence of a population of mixed races In the Euphrates Valley from the earliest period known to us. For this period, which extends from about 4000 B. 0. to 2300 B. C. the chronology I, as we have snld, un certain. Beyond the titles of the rulers over Babylonian State, there are but few safe Indi cations for determining tho succession of dy nasties. So much, however, mny be now averred that, simultaneously with the Gover nors of Lagash and the older Kings of Ur, there was an independent State in northern Babylonia which had Its seat of government at Agado. Indeed, the history of this State may now be traced back aix centuries beyond that of Lagash. Two rulers of Agado. Naram-Rln (about 3800 R. C.) and Bargon Lara tho earli est rulers as yet known. Those Kings of Agnde extended their jurisdiction as far north at least as Nippur on the one side andfiipparon the other. The city of Babylon Itself, if it existed at this period, was Includod within the territory of these Kings. It was not until about tho middle of the third millennium before the Christian era that Babylon comes into the foreground. The excavations undertaken by the University of Pennsylvania have cast new light on this most ancient period of Babylonian history. It is now known that the Temple of Bel nt Nippur antedates the reign of Naram-Sin. and in the further pub lications of the university wo may look for ma terial which will enable us to pass considerably he vi uu I the period of Bargon I. In the south, as wo have already mentioned, tho rulers of Nn gash and the dynasty of Ur are the earliest of which wo have any record. Prof. Jastrow be lieves thnt furl her excavations at Nugiieir will brim.- to light the nsmos of older Kings, and he holds that tho presumption is in favor of re garding the soul hern states, or at least some of them, as earlier than any in the north. The ileum of the power of the Kings of Ur may be fixed approximately at 3000 R. C. An Inde pendent Stato witli its capital at Uruk fol lows upon the culminating period of tho glory of Ur. and may be viewed as an indication that the rulers of the last-named kingdom had lost their control over the whole of southern Babylonia. Isln. whose site has not yet been determined, but which Iny probably to the north of Uruk. was another political centre. Atn subsequent period, the Kings of Urseam to huve regained the supremacy which had neon wrested from them by Isln, for the rulers of the latter acknowledged their dependence upon the llrst-uamed sovereigns. This so called second dynasty of Ur controlled Nippur; its Kings wero proud of calling themselves the Guardians of the Temple of Hel in thst city. A subsequent change in the political situation is reflected lu tho subjection of Ur to a district whose centre was Larsa, not far from Ur. and represented by the mound Senkereh. The power of Larsa received a fatal check through the invasion of babylonia by the Elamitcs about 2350 R. C. II. During the whole of this first period, the dis tinction botween North and South Rabylonla was kept tolerably distinct, even though occa sionally a North Babylonian city like Agade and Nippur might extend Its jurisdiction for a time over a section of the southern region. It remained for a great conqueror, Hammurabi, the sixth King of a dynasty having its seat in the city of Rabylon itself, to unite, about the year 2300 R. C. North and South Rabylonia un der one rule. With him, consequently, a new epoch in tlio history of tho Euphrates Valley begins. Henceforth, the supremacy of the olty of Rabylon remained undisputed, and tho other ancient centres, losing their political impor tance, retained significance only by virtue of the sanctuaries existing there, to which pilgrimages continued to be made, sod through tbe commercial activity that, upon the union of Babylonia, received fresh Impetus. Attention was, some years ago, directed by Poguon and Hayoe to the fact that the namo of Hammurabi, as well as of four Kings that preceded htm, and of a number that followed, are not Rabylonian. Sayce expressed the opinion thnt they were Arublc, and Prof. Hommol has recently cor roborated this view by showing tlio oloso re sumblaneo existing between these names and those found on the monuments of southern Arabia. While uo evidence is us yet forthcom ing to warrant us in pushing back the exis tence of tho Mlneau empire lu southern Arabia beyond 15O0 R. ('.. still, since, at that period, this empire appears in a high stato of civiliza tion, with commercial lut?roourso established between It ami Egypt as well us at Palestine, our author 'ho, ks that tho inference drawn by ilomiiicl that Babylonia was invaded ubout 25oo 11. ('. by an Arabic-speaking peopleought to be seriously considered. Eliiin, which com prehended what whs afterward called Per sia nnd Me. tn, was constantly threatening Rabyionla from the east, and, shortly be fore Hammurabi's appeurance. succeeded in putting an end to the dynasty of Larsa. It now appears that the inhabitants of the Eu phrates Valley were also threatened by an en emy lodged somewhere in the southwest. Though Hommel's hypoihcsis still needs con firmation, and may. perhaps, be modified by future researches, this, at least. Is regarded us certain by our author, that the great union of tho iliibylouiiui States and the supremacy of the city of Rabylon were achieved not by Baby lonians, but by foreigners who entered Baby lonia from its western or southwestern side. The dynasty of which Hammurabi was the chief representative came to an eud about 2100 B. p., and was followed by another known as Shish-Kha, the rulers of which likewise appear to have been foreigners. When this dynasty. In its turn, vanished altera rule of almost four centuries. Babylonia was onco more con quered by u people coming from the north ern parts of l.iniii, who were known as the Cos sites. These Csssites, of whose origin, charac ter and language but little has yet been learned, ruled over Rabylonia for a period of no less than 570 yeais: but as they adapted themselves to the customs and religion of tho country their presence did not interfere with the normal progress of civilization in tho Eu phrates Valley, it follows that the period of Hammurabi and his successors, down through the rule of the Cassito Kings, may be em braced under one head. It was a period marked by tho steady growth of civilization, manifesting Itself in the erection of temples, in the con struction of canals anil in the expansion of oommcrce. Active relations were maintained between Rabylonia and distant Egypt. About 15oiH. 0. appear tho first traces of relation ship between Babylonia and the northern Meso potamian power, Assyria. Tho relations wero, at first, of a friendly character, but It was not long before the growing strength of Assyria became a serious menace to Babylonia, in tlio middle of the thirteenth century, an Assyrian force advanced Ulioii the city of Rabylon. For some decades Babylon remuined in subjection to Assyria, and, although she regained tem porarily her independence, and even a fair measure of her former glory, the power of the Cussiles was weakened. Internal dis solutions added to the difficulties of the sit uation and led to the overthrow of the r.. sites In 1151 B. C. Native Babylonia,. flow occupied the throne for a short tine nit, though able to cheek the danger sii I threatened from Elam. they could not resist Assyria. At the chie of tho twelfth eon tury, Tlglsthplloser I. secured a firm h ,i upon Bnnylonln. which, thereupon, sank to tils position of a dependency of tho Assyrian mon. archy. III. In contrast to Babylonia, which bear, frm the atari, the stamp of a civilizing now r. . I yria, from Its rie until Its fall. I essentially a military empire, seeking enlargement n power, nnd engaged In lnoeant warfare iis history mny be traced back to about Ifloo n. C, when its rulers, whoso seat was the ancient city of Ashur, first began to mako their pre, once felt. The extension of their power was due to the growing Importanooof tho central olty, and It soon embraced the wholo of As syria propor. Its ruler next pressed on Into the mountain region to tho oast, and then, advancing to tho wot, they encountered the forcos of Egypt, whoso Asiatic campaigns he. gin about the time of the rise of Assyria Ths Egyptians, aided by the Hlttites, who no, sowed strongholds on tho Orontot, managed to check tho growth of Assyria on the ,w,t for several centuries. In the meanwhile, tht Assyrian monarch gathered strength enough to make attacks upon their southern neighbors until, at the end of the twelfth century, a w have said, they added to their long list of ii;,, that of "ruler of Babylonia." They either took tho government of the southern provinces Into theirown hand or exercised the privilege of appointing a Governor to regulnto the ntTalr of the Euphrates Valley. Thenceforth, tor long time, the history of Hahylonia ind Assyria must he viewed collcellvelv. Tins third period of Babylonian historv-ttm second of Assyrinn history begin about 1100B. C. and continues till the fall of S,MC. veh. In the year IKS) R.c. These five centuries repraent the most glorious epoch of the united MiMopotnminn Eninire. During this time . syriaacqulred the dimensions of n ii all -em brae, ing power. Aftersevere struggles the limn,.. were overcome nnd Assyrian sovereignty wns established ovor the land bordering upon thn Mediterranean. Tho principalities of north orn Syria were made tributary, ami Phoenicia and the kingdom of Israel were conquered, while thn southern kingdom of Judah purchased the shadow of Indcpcnd ence by complete submission tothocoudiiions. Imposed by the Irresistible empire. Far to 'lis northeast, also, Assyria extended her sway while B.ibrIouin retained a distinctive existence chiefly in name. The North, however. Inherits! the civilization of the South. Rabylonian lem. pies supplied tho models for Assyrian archi tects. Tno literary tronsure in the archives of. the Southern cities were copied liy the scribes of the Assyrinn kings. Monnwhlle. tho cap tut of Assyria moved toward the north, -iuir gave way. under the glorious reign of Ash.ir nnsirbnl. to Cnlah, which become the capital In tho year8tM)B. C, anil Cnlah in turn vielile.l i Nineveh, which, from tho time of Tiglathin leser 1I In tho middle of tho eighth century was the centre of tho great kingdom. I'nilof Ashurhnnabal. who ruled from i'hM to hm R. C, tho nemo of Assyrinn power was reached He carried his arms to tho banks of ihe N'lle and succeeded In realizing the dream, that his ancestors had cherished, of exercising a direct control over the Egyptian people Ibi made Nineveh a literary as well as a military centre, gathering for the benefit, of his subjects a vast collection of tho cuneiform lltoratiire of Babylonia. The fatal blow to the might of Assyria camo from on unexpected quarter, nnd was dealt with n suddenness that remains a mystery. A great movement of wild northern hordes vaguely Identified with the Cimmerians and Scythians set southward shortly after i)n death of Ashurbanabal nnd caused great po litical disturbances. Tho vast number of thee Invaders, their courage and their muscular strength, made thom a foe which Assvrin Iniunt as hard to withstand ns did Rome the onset of the Goths. Our knowledgeof the last day of the Assyrian Empire is Imperfect, hut ths successful attempt of the Babylonians to throw off the Assyrian yoke almost lm mediately after Ashurbannbal's death was obviously n symptom of the ravages which the northern hordes had made, undof the extent to which the vitality of the Assyrian Empire had been reduced. Eventually, tho Medcs, who dwelt to tho cast of Assyria, and who had often crossod arms with the Assyrians, entered into combination with Rabylonia, and several jmnt assaults were made upon Nineveh under the leadership of Kyaxares. In tho end the cur was captured and burned to tho ground. With the fall of Assyria a feeling of relief passed over the entire Eastern world. The great danger that threatened to extinguish the Itidopnndcnes of all the then known nations of the enrth was averted. The province of Assyria proper fell Into the hands of the Medcs, but Babylonia, with her independence established on a linn footing, was tho real hoir of Assyria s spirit. Her most glorious monarch, Nebuchad nezzar II. ((KM 501 B. C). seems to have dreamed of gaining for Babylon the posi tion once held by Nineveh of mlstr' of the world. Taking Ashurbanabal as his model, he carried his arms to the west, sub dued the kingdom of Judah. and. passing on to Egypt, strove to secure for Rabylon the supremacy exercised there for a short time It Assyrian monarchs. In addition to his mili tary campaigns he appears in the light of a great builder, enlarging and beautifying tem ples throughout the cities of his realm, nnd adorning his capital with the walls, embank ment works and other improvements that gav it a permanent place in the traditions of thn ancient world as one of the seven wonders o the universe. The glory, however, of this sec ond Rabylonian Empire was of short duration. Its fall was as sudden an Its rise had been un expected. Nebuchadnezzar's son was mur dered In 500 R. C within two years after reaching tho throne, by his own brother-in-law. Nerigllssar. and. the latter dying after a reign of only four years, his in fant child was put out of the way, and Nabnn nedos. a high officer of the State, mounted the throne. In the year 550 news reached Baby lon that Cyrus, the King of Anzan. had dealt a fatal blow to the Medean kingdom, having captured Its ruler and united it to his own ter ritory. Eleven years later Babylon fell sn easy prey to the Persian conqueror. Politically ths history of Rabylonia and Assyria terminates with the advent of Cyrus. The annals, also, of thoMesopotamlan religions come to an end with the downfall of tbe second Rabylonian Emnlr. but their rites continued to be practiced for a long time, and left traces In the popular super stitions and traditions that lliavcsu rvived the conquests of Greeks. Romans and Arabs. IV. For the religious doctrines of ths Babylo nians, snd for an analysis of their relations to Judaism, Christlauity, and Mohammedan Ism we must refer the reader to the book itself. We would say a word, however, aliout llaby Ionian ethics, concerning which some miscon ception is current, owing to tho misinterpreta tion of a certain religious ussge montlonoil liy Herodotus. It is now known that the standard of private morality was high, both in Raby lonia and Assyria. The Babylonians had passed far beyond the stage of making the satisfaction of one's own desires the standard of right and wrong. Their kings prided them solves upon being the promoters of ju-f Even the Assyrian rulers, who seemed, whils conducting their wars, to be bereft of all ths soft emotions, declare that their highest aim Is to spread plenty and happiness. Sennacherib calls himself a king who " loves righteousness." and he, a well as many a predecessor and successor, busied him self In making good the rights of those of his subjects who had been wrongfully deprived of their possessions. The legal ami commercial tublets prove that due consideration was given to the treatment of woman, tho most satisfac tory Index of high ethical condition '-h could hold property and dispose of It. Defre the courts her status did not differ materially from that of men. A husband could not di vorce his wlfo without sufficient cause, slid children owed obedience to the mother ns well ss to the father. Polygamy, no doubt, pre vailed, but Prof. Jastrow deems It an error " suppose that polygamy Is Inconsistent wi'h high Ideals of family life. Such vices s adultery, hatred, lying, cheating, and iti'it -eerily, together wltli the use of fal-s measures nnd the removal of landmarks, ar denounced In the Incantation texts, and. In a ' cordanee with till standard, are to be fotirul in the record of lawsuits and agreements be tween parties clear lndlcationsof the stringent laws enacted for the purpose of protecting citl zuns against Infringements of their rights It is a testimony to tho prevalence ofascri-eof justice in Assyria that Ashurbanabal lais cm phasls upon the fact that he established ordi nances to the end that the strong might do nn harm to the weak. It is true that the Ins'ioi tlon of slavery flourished in Babylonia and Syria throughout all perhsls of their hi-torv There wero various grades of slaves, hnwc er Some grades differed but little from per. Mints indentured for a longer or shorter period and expected to render certain specified services. Tho temple attei ants seem to have belonged mostly to ihl class. A benign treatment of slavs was enjoined, and was the rule. Slaves were often the confidential agent of their master, and attended to t lie business affairs of the latter Slaves are found holding Property in their own right. Contracts entered into by them wer binding. Injuries inflicted upon them by their musters were punished, and they were ie ( tected against losses and mishaps encnunt ' while In service. We observe, finally. II while t hero is no evidence to show that the I ' of Assyria were on a lower ethical plane thai those, of Rabylonia. still it may lie nssun ' that, as the Assyrians were thn pupils and tatorsof the Batiylonlans In ulmosi everyih "; lvrlaliiiiig to civilization ami religion, the uni erul tone of life iu Assyria was scarcely is high a in the south The warlike spirit "' ruler was probably hut a symptom of in fiercer character of the people. I -"