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THE CHALLENGE OF FACTS

grown up upon it which has made it accomplish, only under state limitations, just what they meant to prevent. Thus impossible is it for law-makers to foresee the operation of arbitrary constitutional provisions, or to set any fetters to the development of the natural forces which lie in the genius or the circumstances of the nation.

In regard to patronage, again, the constitution-makers held utopian ideas in regard to the zeal and purity in the public service which might be expected in the republic. They had inherited the traditional European dread of the executive, a dread which never had any true foundation here, and so they gave the Senate power to confirm the appointments of the President, an arrangement which has been widely copied in our state constitutions and city charters. The idea was to restrain executive patronage, but the arrangement has been the source of great abuses of patronage, and has developed special abuses of its own, not known in foreign experience. Technical usages and unwritten laws here also have defeated the original intention.

On the other hand, many of the provisions which were fought for with the greatest zeal, such as the provision about direct taxes, have proved powerless against advancing opinion. In other respects arrangements which some of the fathers thought essential to the prosperity of the union, such as securing the adherence of the wealthy or attracting the ambitious by titles and orders, have proved of no importance. Still again, they failed to provide for the growth of the confederation in territory by purchase or treaty, so that the old Federalists were always able to denounce the admission of new frontier states as a violation of the original intention. Thus it has been proved, on all sides, that the