strong terms with which Ingersoll characterizes him, although in criticising his movements he finds fault with him at every step. The explanation of this lies in the fact that Ingersoll was no military critic, and consequently unable to understand the difficulties which a general had to encounter. Mr. Monroe, who knew Izard well, and was aware of his ability, tried in vain to retain him at the head of the army.

As a general, his strongest qualification outside of the routine of mili tary duty was caution. This was the result of the knowledge he possessed of what was required to constitute an army, and of the weakness of his own in many of the most important essentials. The Americans were overwhelmingly outnumbered during the active months of the campaign, there having been over 30,000 British regulars in Canada during that time, while on the American side there were never more than 10,000 between Plattsburg and Detroit.

In further reply to those who accused General Izard of having purposely delayed his march from Plattsburg, it should be stated that it had been left discretionary with him on his arrival at Sackett's Harbor whether to make a demonstration against Kingston, and thus produce a diversion in favor of Fort Erie, or to march to the relief of that fort. He found no orders awaiting him at Sackett's Harbor, and, having received pressing letters from Brown urging his coming to the Niagara, he decided upon that step. The most difficult part of his march still remained before reaching Batavia.

It had become evident to Izard by this time that it was useless to expect any results from the operations of the year. Everything had been behindhand in the preparations for the campaign, and the Americans were so enormously outnumbered by the British that the only thing to be done for the time being was to preserve the army as a nucleus for larger levies to be raised during the winter. Having observed the defects which injured its efficiency, he recommended the proper remedies to the government, especially that officers of every grade be required to remain at their posts during the winter, and that leaves of absence be granted only for urgent

reasons.

Any disaster occurring to his army would have laid northern New York at the mercy of the enemy, and he had the firmness to resist as quixotic the popular wish that Drummond and his entire force be made prisoners of war by an attack upon his intrenched position. After his resignation from the army, General Izard remained in Philadelphia, occupying with his family a small dwelling in Spruce Street, between Ninth and Tenth. On the 4th of March, 1825, he was appointed by President Monroe

governor of the Territory of Arkansas, one of the last acts of Monroe's administration.

As governor his life was uneventful.

He commenced the organization. of the militia, and recommended that an arsenal be located at Little Rock, as trouble seemed imminent at one time with the Indians. The Choctaws, Quapaws and other tribes were removed to the reservations while he was in office. He did not find many congenial souls in that far-away Territory. He was again misunderstood and considered an aristocrat and a martinet, although a few discriminating ones could see his good qualities. He transferred his library to his new home, and much of his time was spent with his books. His administration of the affairs of the Territory proves to have been prudent and wise by an examination of the records, and he died at Little Rock, where he was buried, the 25th January, 1828, leaving three sons, all of whom died childless. Izard County in Arkansas was named after him.

G. E. Manigault.

CHARLESTON, S. C.

I

Mr. Gladstone has said that "the American Constitution is the most wonderful work ever struck off at a given time by the brain and purpose of man," and the assertion has generally been accepted as a just tribute to the wisdom of the framers of that instrument. But, at the same time, there has been extorted from the statement a meaning which it is impossible to believe that Mr. Gladstone intended to express. The saying is generally assumed to mean that the Constitution was "created out of nothing," as one writer on the subject has expressed it, and the natural inference has been that it was entirely original.

Such a view may be flattering to our patriotism, but cannot commend itself to our judgment; nor can it do justice to the author of the quotation. That the Constitution has proved to be a success for a century is admitted; but whether this is due to the creative power of its framers, or to their discrimination in selecting from colonial and state constitutions already tested by experience is the question which is raised.

Free political institutions which have developed slowly, molded by the genius of a people and modified according to popular needs, have proved the most permanent; while free constitutions which have been elaborated on paper for peoples unaccustomed to their principles, and suddenly adopted, have lasted for but brief periods. The political institutions of the Anglo-Saxon race are the most conspicuous examples of the gradual development of primitive customs into free, popular, and complex constitutions. Many of their institutions to-day resemble closely those of fifteen hundred years ago. The changes made in the original forms, and the additions to them, have been introduced by very slow degrees, and with so conservative a spirit that the need for them has usually been felt long before they were secured. The result has been, in England, an unwritten constitution, comprising custom, precedent, judicial decisions, bills of rights, and royal charters-a practical, practicable whole, the growth of centuries.

When the American colonies were settled, the principal features of the English Constitution were pretty clearly defined. The colonists brought with them the sturdy independence and love of constitutional liberty which characterized their race. They also brought the institutions of

their native land, and established them in the new world. For a century and a half they lived under those institutions, modifying them to meet local necessities. Subsequently, when they asserted their freedom, it is not reasonable to assume that they entirely relinquished them. It is more natural to believe that they modified them, in order to still retain their principal features in their independent government.

It is only fair to Mr. Gladstone to presume that he had in mind such thoughts as these when he penned the often-quoted sentence. If we believe that he had, we can still find in it a high compliment to the statesmanship of the framers of the Constitution. The "wonderful work" is there; but, instead of "creation," it consisted in the unerring instinct with which they selected from their own experience such forms as would meet their new demands; the judgment with which they united them into a practical working system, and the spirit of concession which secured these results.

That the Constitution of the United States is the outgrowth of the principles of constitutional liberty brought to America by the English settlers the result of the development of the free institutions which grew up with the people during a century and a half of colonial life, every student of our history must believe. To point out what those principles of constitutional liberty were, and to trace something of the growth of those free institutions in Virginia, is the object of this article. Virginia, as the oldest colony, naturally comes first in making such an inquiry. She is, moreover, peculiarly interesting from her character, representative of the South, her long and varied history, and the active and influential part she took in the struggle for constitutional liberty.

II

The claim of England to the American continent was based upon its discovery in 1497, by Cabot, under a charter granted him by Henry VIII., "to seek out, discover and find whatsoever isles, countries, regions, or provinces of the heathen and infidels, whatsoever they be, which before this time have been unknown to all Christians." Similar patents were granted other discoverers, and many voyages were made, with varying frequency and success. In 1578 Sir Humphrey Gilbert received a patent which provided that all persons settled in colonies he might found "should and might have and enjoy all the privileges of free denizens or persons native of England." Six years later Sir Walter Raleigh secured a charter which contained a like provision.

Though no permanent colonies were established under these charters,

the results of the voyages, and of others which followed them, seemed to promise commercial gains to some, political advantages to others. As a result, a company was formed, and secured a charter from James in April,

1606.

This charter provided for two companies, one to plant their colony between parallels 38 and 45, the other between parallels 34 and 41. The London Company had the southerly situation, with land fifty miles along the coast from their settlement, one hundred miles into the main-land, and all the islands within one hundred miles. The company last making a settlement could not place a colony within one hundred miles of one already made.

Government was to be by means of two councils, one in England and one in the colony. The company could exact duty on everything bought or sold within their precincts. They could export, free of duty for seven years, goods needed by the colonists, and could take as colonists any citi zens who would go. Every English subject living in any of the colonies "and every of their children which should happen to be born within any of the limits and precincts of the said several colonies and plantations, shall have and enjoy all liberties, franchises and immunities, within any of our other dominions, to all intents and purposes, as if they had been abiding and born within this our realm of England."

The charter the king followed with instructions for the government of the colony. The council in England was to have a general oversight of affairs; that in the colony was to be its legislature, executive and judiciary. The colonial council chose its own president; enacted laws; heard and decided all cases; inflicted punishments; awarded damages, and executed the laws of the colony. Such crimes as tumults, rebellion, murder and adultery were punished with death. Juries served only in cases of life and death. The goods of the colonists went into a common stock.

King James's scheme of government was embraced in the charter and instructions. Article XV. of the charter provides that all English subjects resident in the colonies should "enjoy all the liberties, franchises and immunities. as if they had been abiding and born within our realm of England;" but the laws were not to be made by the colonists; juries were to serve only in enumerated cases of life and death; the council controlled the liberty of the subject; his property went into the general stock.

For two years the London Company attempted "to found a colonial empire." The mines, the gold, the passage to the South Sea, and the lost colonists were not discovered, though all these had been expected. Hundreds of lives were lost, thousands of pounds expended, and for all

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