our most astute English critic, “is framed on the principle of choosing a single sovereign authority, and making it good; the American, upon the principle of having many sovereign authorities, and hoping that their multitude may atone for their inferiority. The Americans now extol their institutions, and so defraud themselves of their due praise. But if they had not a genius for politics, if they had not a moderation in action singularly curious where superficial speech is so violent, if they had not a regard for law, such as no great people have ever evinced, and infinitely surpassing ours, the multiplicity of authorities in the American Constitution would long ago have brought it to a bad end. Sensible shareholders, I have heard a shrewd attorney say, can work any deed of settlement; and so the men of Massachusetts could, I believe, work any constitution.”[1] It is not necessary to assent to Mr. Bagehot’s strictures; but it is not possible to deny the clear-sighted justice of this criticism. In order to be fair to the memory of our great constitution-makers, however, it is necessary to remember that when they sat in convention in Philadelphia the English Constitution, which they copied, was not the simple system which was before Mr. Bagehot’s eyes when he wrote. Its single sovereign authority was not then a twice-
- ↑ Bagehot, Eng. Const., p. 296.
