The last lecture of the course on Western Constitutions at the Tnter-national Institute was delivered by Dr. Gilbert Reid (in Chinese) last Saturday afternoon. A good suber of Chinese and foreigners wore present. Mr. L. R. Wiley, Judge of the, United States Court for China, presided. Ho referred to the high excellence of the document drawn up as basis for the now nation and goveroment, and added that this was proof of its Btness to China. This question he would leave to the lecturer of the afternoon to discuss.
Dr. Reid in opening his address said the Constitution of the United States was different from the four already considered, of Groat Britain, France, Ital and Germany, they could furnial valuable lessons to China in her search for a new Constitution, something could also be learned from the structure of government adopted by the Republicsonthe Am The Constitution framed by thi of the Republic was drawn up in 1787, vas ratified by throo of the Btates the ame year, by eight in 1788, and by the other two in 1789. Thus ratified, the Constitution became, as in its own Language, the supreme law of the land the first President, sworn to observe that law, entered upon his duties; and the new goveroment was inaugurated.
In examining this Constitution, we find that it is the natural growth of old English precedents, and of the charters of the former English Colonies. La this respect it resembles the formation of the British Constitution, but it differs therefrom in being " written rather than an unwritten Constitution. In substance the American Constitution is English, the peculiarities that make it American mark its significance. In harmony with the English past, it was yot suited to the new conditions. It was conserva tive document, and yet it had the audacity of independent progress. With such a spirit, it may serve as & model to China.
Examining more closely into those features of the Constitution that deserve the attention of the Chinese, there first stands out its union, The Articles of Federation drawn up in 1777, the year of peace with the Mother country, and adopted in 1781, were seen to be suit to hold the thirt-en independent States together, and todefond them againat older goverament of Europe. If the independence of each State was desirable, it was equally desirable that some form of union be consummated—aunion which should have a government just as real as the government of each State, This union was federal union, different in many respects from the union of the French depart-monte, of the Italian States, and of the different iogdoms, duchies, grand-duchies and free cities of the German Empire. In accordance with this wonderfully simple but complete docu. ment of 1787, there is " Central Goverament, and there are State Govern. ments. The latter retained their old charters or proceeded to draw up new constitutions of their own, but beyond those—not above them—was the Constitution of, the Central Govern. ment. The Constitution of the United States was not merely the constitution of thia Central Government, nor of each or all the States; yas & constitution that included all. There were not two governments, one superior to the other, oF liable to sntegonize each other—aa actually took place in the war of the Secession—but one government with two aspects, like two sides to a sphere, The States have their own powers, their owa functions, their own obiefe or governors, own Upper and Lower Houses, and their own separate constitutions, The Central Government has ita own powers and functions, its President, and its two Houses, but not its own constitution, The Constitution of the United States, as already stated, is the constitution both of th id of the State Goveroment. Each State, however, besides this constitution, applying equally to the Union and the State, has another constitution that applies to its own independent entity. Many of the separate State constitutions declare the Constitution of the United States to be part of its law, thus showing that beyond independence is union, and that with upon is independence, This Constitution first defines the powers belong ment, the po than, without making any leaves the residuum of powers to the States. Probably it will be found that by far the largest number of items belong to the States rather than Central Government. In Fespect the Constitulion of the United States differ from that of the German Empire, Furthermore, while maw of the laws of the German Central Government are executed by the officers of the States, in the United States federal I is executed by federal officers and State law by State officers. The principle of centralization ly not 4s prominent as in either the Italian or French system and in this respect they xorve ay a model to China better than the Utited States, but in the matter of union, leaving certain powers to the Central Government and cettaio to the States, Ohina can follow the United States. "Whi the minute may not be the same, the one matter of union—uaion in spirit and union in organiam—is vewential "to. Obioa' aa to France, Italy, Germany and the United Kingdom, A second fe tion or separation of three departments of government, whether in the State or in the Central Government, viz, the legislative, the executive and the ju: In no other government doos thi prevail to an equal extent. In the German Bundesrath there is " cornbin tion of those three forms of po With the Minister of the French
Text read from the printed page and cleaned; old type leaves the occasional error.