Imágenes de páginas
PDF
EPUB

CONSTANTINE, BATHS OF. Enormous baths built by Constantine, covering nearly the whole breadth of the Quirinal Hill, in Rome. The only extant remains are some foundations seen in excavating the Via Nazionale, and a few blocks of marble now in the adjoining Colonna Gardens. The baths were demolished by Paul V., in 1610, and their site is now occupied by the Quirinal and Rospigliosi palaces. The figures known as the "Horse Tamers," from which Monte Cavallo is named, stood in front of the baths, and here was found the colossal statue of Constantine.

CONSTANTINO'PLE (Lat. Constantinopolis, from Gk. Κονσταντίνου πόλις, Konstantinou polis, city of Constantine, Turk. Istambul or Stambul, from Gk. eis Thy Tóλv, cis ten polin, or, in the corrupted dialect of the people, és rau βόλιν, es tam bolin, to the city). The capital and largest city of the Ottoman Empire, situated in the extreme southeastern part of European Turkey, on the shores of the Sea of Marmora, the Bosporus, and the Golden Horn, a long, narrow inlet, extending in a northwestern direction from the Bosporus; latitude 41° N., longitude 28° 59′ E. (Map: Turkey in Europe, G 4). With its many mosques, kiosks, and extensive gardens, it presents from the sea a magnificent appear ance, which is greatly enhanced by the imposing picturesqueness of the situation. Constantinople proper, or Stambul, occupies a triangular pen

insula. The suburbs of Galata and Pera are situated on the northern and opposite shore of the Golden Horn, which is spanned by two iron pontoon bridges. Stambul is surrounded by partly ruined walls, the most famous of which is the Theodosian double wall dating from 447. The fortifications have strong towers, and are pierced by numerous historic gates. The streets are narrow, crooked, and without sidewalks. There are countless house-gardens and many beautiful cemeteries. The houses, usually of one story, are mostly built of wood, though some portions of the city, since the great fires of 1865, 1866, and 1870, have been reconstructed in a modern fireproof style. Many fine public buildings have latterly been erected; new suburbs have been built, and old ones enlarged and improved. On the whole, however, the rate of growth and the extent and character of the improvements of the city are surpassed in nearly every other European capital.

The architectural beauty of Constantinople itself lies conspicuously in its mosques, 379 in number, among which that of Agia Sofia (orig. inally the Church of Saint Sophia) is most famous. The present edifice, 250 by 235 feet in size, was begun in 532 by Justinian, and was completed in five years. It is constructed of brick, faced with marble. Its shape is that of a cross. While its outward appearance is not in keeping with the grandeur and charm of its interior, it is regarded as one of the most magnificent of ecclesiastical edifices. The dome in the centre rises 180 feet high (from the ground), and is 108 feet in diameter. It is supported by four arches. Within the mosque are 107 pillars of gigantic proportions40 on the ground floor and 67 above. They are of green marble and red porphyry, with capitals in the Byzantine style. The walls were orig inally decorated with beautiful mosaics, which have been either partly effaced or partly covered up with inscriptions from the Koran. After the

conversion of the church into a mosque by Mohammed II., in 1453, four minarets were added, and the golden cross on the dome was replaced by the crescent.

The Mosque of Solyman covers a site nearly as large as that of Saint Sophia, and, like most mosques, is surrounded by a well-shaded court. It was built in 1550-66, by the Sultan Solyman. It has four minarets, and is surmounted by a dome somewhat higher than that of Saint Sophia. The marble decorations in the interior are magnificent. The Mosque of Achmet I. was built in 1609-14, and exceeds in dimensions the Mosque of Solyman, but is inferior to the latter in design and in ornamentation. Among other mosques may be mentioned those of Mohammed II., Bajazet II., Selim I., Yani-Jami, and Mur

i-Osmani.

Secular buildings of historic interest are: The Castle of the Seven Towers, once a State prison where a number of dethroned sultans were executed; the hippodrome, completed by Constantine, the scene of public festivals as well as of popular uprisings; and the old Seraglio, with its extensive gardens and beautiful kiosks and palaces. There are also interesting ruins of ancient royal palaces. The present abode of the Sultan, the Serai Humayun, is in reality a little city whose walls inclose mosques, administrative buildings, dwelling-houses and gardens.

It is

In

over a mile and a half in circumference. royal grandeur, however, it does not equal the residences of many other European rulers. Its outer gate is called The Sublime Porte.'

The bazaars of Constantinople are very numerous. The chief of them, the Grand Bazaar, somewhat injured by an earthquake in 1894, occupies a large number of narrow, vaulted alleys, and contains about 3000 shops. It is filled with merchandise of great variety and beauty, and presents in daytime one of the finest The bazaars, however, are sights of the city. gradually losing their importance, the wealthier classes preferring to make their purchases in the French shops on the Grande Rue in Pera.

Galata, situated on the eastern shore of the Golden Horn, is the business port of Constantinople. Here are found the warehouses, banking The houses, exchanges, and the custom-house. town is built of stone, and the streets in some sections are new and regular. The Galata Tower, formerly known as the Tower of Christ, is 150 feet high, and is divided into several stories and It serves as a firesurrounded by galleries. signal station.

Pera, the foreigners' quarter and the most modern part of Constantinople, lies beyond Galata. Here are the foreign embassies and the residences of the Europeans. Here also is the Grande Rue, lined with fashionable shops and hotels. Pera has a fine park, barracks, and several cemeteries which are occasionally used as festival grounds.

Administration.-As to government, Constantinople, including the town of Scutari across the Bosporus. forms a separate district, under the administration of a prefect. It is probably the only city in Turkey where the police force is not recruited from the regular army. The fire department is utterly inadequate, and the system of alarms used is most primitive. Systematic street-cleaning is attempted only in the European section of the city. In the native

quarters the dogs are the principal scavengers. The water-works of Constantinople, dating in part from the reigns of Justinian and Valens, are regarded among the finest remaining specimens of ancient engineering. Some of the cisterns are the largest in the world; the roof of one of them is supported by 336 marble columns. The water comes from the reservoirs of Belgrade, and also from Lake Berkos, the latter source of supply being exploited by a French company.

Numerous elementary public schools are attached to the mosques and offer instruction free; likewise, the colleges, or "medresses," some 150 in number, with public libraries attached, many of them filled with valuable books and manuscripts. A university was opened in 1900, with faculties of philosophy, Mussulman theology, mathematics, law, and medicine. The Imperial Art School is not without importance. The "Great National School" of the Greeks dates from the Byzantine period, and supplies many teachers for the Greek schools in Turkey. The French conduct several schools for the children of the wealthier classes. Within the inclosure of the Seraglio is the Royal Museum of Antiquities, containing a fine collection of curious tombstones, sarcophagi, Turkish art objects, naturalhistory specimens, etc. Benevolent institutions

are numerous.

The industrial importance of Constantinople is not great. The few large establishments manufacture tobacco products, fezzes, and iron wares. The hand-made products, on the contrary, are important, both as regards variety and quantity; and to the trade in these small articles the life of the city lends itself most interestingly, with its bustling little shops, its noisy street traffic before the mosques, and its curious and picturesque trade customs. The geographical position and natural harbor facilities of Constantinople are unsurpassed. The Golden Horn affords accommodation for over 1000 vessels of the heaviest draught. It is divided by its two bridges into the outer and inner ports of trade, and the port of war.

Not until 1888 did the city have railway connection with the rest of the world. Since the establishment of direct steam communication between Persia, Syria, Arabia, and Southern Europe, and the opening up of Central Asia by Russia, Constantinople has lost a considerable part of its commerce. Important imports are food products, textiles, coal, metalware, instruments and implements of all kinds, petroleum, and wood. The exports are largely confined to carpets and rugs, lambskins and wool, attar of roses, embroideries, and filigree-work. The entrances and clearances of shipping during 1904-5 comprised 32,185 ships, with a tonnage of 14,918,557, to which Great Britain contributed 45.7 per cent., Greece, 16.2, Austria-Hungary, 7.8, Italy, 7.0, and Russia and Turkey, 5.5 per cent. each. For local transportation there are omnibuses, four horse-car lines, and one underground cable road. The Constantinople-Adrianople line has several stations within the city limits. Small steamers and ferries ply between Stambul and Galata.

The population of Constantinople proper numbers about 650,000. This figure is increased to over 1,100,000 by including the suburbs. In the city proper nearly two-thirds of the popula

tion are Mohammedans.

History. In A.D. 330 the Roman Emperor Constantine the Great gave the name Constantinople to the new capital which he had built for himself on the Bosporus round the ancient Byzantium as a nucleus. The presence of the Emperor made Constantinople from the first distinctively the capital of the Greek civilization in the eastern part of the Roman Empire, as Rome remained the head of the Latin civilization in the West. From the final disruption of the Roman Empire in 395 to 1453, the city was the capital of the Byzantine or Eastern Empire. The Patriarch of Constantinople gradually rose to the position of head of the Christian Church in the East. In the course of years, as the Imperial provinces in Asia and Africa, with the great metropolises of Antioch and Alexandria, fell into the hands of the Mohammedans, the Christian culture of the East found refuge in Constantinople, and Byzantinism—a blending of the ideas of Oriental despotism with the Roman conception of the State-found its home there. In the struggle between Latin and Eastern Christianity, Constantinople naturally was the great opponent of Rome, and, as the champion of inflexible orthodoxy, it welcomed the great schism of 1054, which disrupted the Catholic Church. The strategic position of the city at the meetingplace of two continents exposed it to attacks from numerous nations-Avars, Arabs, Bulgars, Varangians, Venetians, and the Latin powers of Western Europe, and finally the Turks. It was besieged more than thirty times, and its walls were repeatedly assaulted; but it was taken thrice only-by the Venetians and Crusaders in 1203 and 1204, and by Mohammed II., after a memorable siege, on May 29, 1453. The prosperity of the city sank during the period of the Crusades, when its lucrative commerce was diverted to the Italian towns. Its capture by the Turks marks an epoch in European history, for the scholars and rhetoricians who fled from Constantinople brought back to Western Europe the knowledge of the ancient Greek literature, and by their contribution to the revival of learning fostered the Renaissance and the Reformation. In more recent times Constantinople has been important as a storm-centre in the play of international polities known as the 'Eastern Question.' In 1878 the Russian armies advanced to the fortifications of the city.

Consult: Grosvenor, Constantinople (Boston, 1895); Hutton, Constantinople (London, 1900); Dwight, Constantinople and Its Problems (New York, 1901); Barth, Konstantinopel (Leipzig, 1901).

Eight

CONSTANTINOPLE, COUNCILS OF. councils which are recognized as ecumenical either by the Greek or Latin Church, or by both, were held at the city of Constantinople. The first was the second ecumenical council of the Church, convened in 381 by the Emperor Theodosius I. It consisted of 150 bishops, chosen under the dictation of the Emperor and chiefly from the East, besides the semi-Arians, followers of Macedonius of Constantinople, who withdrew after their opinions had been condemned. This council condemned also the Arians, Eunomians, and Eudoxians; it reaffirmed the resolutions of the Council of Nice, completed the definition by that council of the divinity of the Holy Ghost, and declared that the Bishop of

Constantinople, or new Rome, was, of right, next in rank to the Bishop of old Rome; both of them being alike subject only to the Emperor. The second was the fifth ecumenical council of the Church, convened in 553 by Justinian I. to sustain his condemnation of three distinguished teachers of the Antiochian school-viz. Theodore of Mopsuestia, Theodoret, and Ibas of Edessawhose opinions had been collected into three chapters.' (See CHAPTERS, THE THREE.) There were 165 bishops, mostly Eastern, in attendance. They condemned the 'three chapters' and renewed the condemnation of the doctrines of Nestorius. Pope Vigilius, though not present, afterwards sanctioned the condemnations. The third was the sixth ecumenical council, held in 680-81, and consisting of 289 bishops. Through the influence of the Roman legates, the council condemned the doctrine that "as there was only one Christ, so He had only one will," and recognized in Him, consistently with the doctrine of two natures in one person, two wills made one by the moral subordination of the human to the divine. The fourth was the council held in 692, by command of Justinian II. It is recognized as ecumenical only by the Greeks, and is called 'quinisextum,' because it supplemented the fifth and sixth. It passed more than one hundred canons concerning the morals of the clergy and Church discipline. The fifth was held in 754, and attended by 338 bishops. It is recognized only by the Greeks, and is called 'the Mock Synod' by Hefele. It issued a decree against image; worship, which was revoked in 787 by the second ecumenical council of Nice. The sixth was held in 869-70, and is recognized only by the Latin Church. It was attended by upward of 60 bishops. It deposed the patriarch Photius, restored Ignatius, and enacted laws concerning Church discipline. The seventh was held in 879, and is called by the Greeks the eighth ecumenical. There were 383 bishops present. It recalled Photius, repealed the action of the preceding council against him, and defined the position of the patriarch of Constantinople in relation to the Pope. The eighth was heid in 1341, and is called by the Greeks the ninth ecumenical. It condemned Barlaam, an educated monk, as heretical in opposing the Hesychasts, a mystical sect among the monks of Mount Athos, who asserted the possibility of attaining, while yet in the body, an intuition of the divine light and essence by a perfect cessation of corporeal life. CONSTANTIUS I., kon-stan'shi-us, FLAVIUS VALERIUS. A Roman Emperor (A.D. 305-06), commonly known as Chlorus. He was adopted as Cæsar in 292 by Maximian, and received the government of Gaul. When Diocletian and Maximian abdicated the throne, May 1, 305, Constantius and Galerius became emperors spectively of the West and the East. Constantius died at Eboracum (York), in Britain, July, 306, and was succeeded by his son, Constantine the Great. He was distinguished alike for his intrepidity as a soldier and for his ability and humanity as a ruler.

re

CONSTANTIUS II., FLAVIUS JULIUS. A Roman Emperor (A.D. 337-61). By Fausta, the second son of Constantine the Great, he was born at Sirmium (Illyricum), A.D. 317. Constantine made him Cæsar in 333, and in 335 appointed him ruler in the East, where, after 337,

he reigned as Emperor. Often involved with the Persians, he suffered at their hands a galling defeat in 348. His brother Constans being murdered by Magnentius, he met the latter in battle at Mursa, and punished him so grievously that he subsequently perished by his own hand. Constantius now reigned alone over the whole Empire. He made his cousin, the apostate Julian, Cæsar in Gaul, and bestowed upon him the hand of his sister, Helena. When, however, Julian achieved great glory, he became jealous, and demanded the relinquishment of many troops. With this order Julian was disposed to comply, but his admiring soldiers refused to leave him. Constantius then proceeded against him, but died of fever before an engagement, whereupon Julian, previously proclaimed, succeeded to the title. As a ruler Constantius was severe and oppressive.

CONSTANTS OF NATURE. A term applied to various unchangeable quantities that are found to be characteristic of natural phenomena or relations. The propagation of light through space takes place invariably at the rate of 186,770 miles per second, and hence the velocity of light may be referred to as a constant of nature. The period of rotation of the earth on its axis may be considered as another constant of nature, although, strictly speaking, it is subject to slight variation. The atomic weights of chemistry-i.e. the smallest relative combining weights of the elements-furnish another example of important constants of nature important because they permit of expressing the composition and reactions of all substances in a simple and useful form. The electrolytic equivalents-i.e. the weights of elements deposited in the electrolysis of their compounds by a unit current in one second are likewise constants characteristic of the several chemical ele

ments.

In choosing the units of precise measurement, which form the basis of all calculations in pure and applied science, it is necessary to employ the constant quantities of nature. For example, the second, which is the unit of time generally used at present, is defined in terms of the time of a complete revolution of the earth on its axis. As thus defined, however, the unit is not quite perfect; the time of a revolution of the earth on its axis is subject to slow variation, and hence the duration of the second, referred to that time, must likewise be slowly changing. With a view to establishing a more perfect unit of time, scientists have proposed to adopt as its basal constant of nature the period of vibration of an atom emitting light of a given wave-length-an interval of time that is believed to be absolutely

[blocks in formation]

occupy equal volumes, we would find that while the pressure and temperature might subsequently be changed, the factor R would remain constant and the same for all gases, irrespective of their chemical nature; that is to say, the product of the pressure and volume (PV), divided by the absolute temperature (T), would yield invariably the same number. That number (R), called 'the gas constant,' is therefore obviously characteristic of the interdependence of pressure, volume, and temperature, in all gaseous matter; and being so general, it has great importance in both pure and applied science. Thus, the constants of nature characterize natural phenomena and enter into all the mathematical laws of science.

Consult: Lupton, Everett, C. G. S. System of Units (London, 1902); Landolt and Börnstein, Physikalisch-chemische Tabellen (Berlin, 1905); Clarke, The Constants of Nature (5 parts, Smithsonian Miscellaneous Collections. Washington, 1873-88). Some of the constants of nature may of course be found in any scientific text-book. See also CALCULUS; C. G. S. SYSTEM.

CONSTANZA, Sp. pron. kn-stän thủ. Α character in Middleton's Spanish Gipsy, who disguises herself as a gipsy called Preciosa and accompanies her father into exile.

CONSTELLATION (Lat. constellatio, from com-, together + stella, star, Gk. ȧorhp, aster, Skt. star, Ar. stara, OHG. sterno, sterro, Ger. Stern, AS., Engl. star). A group of stars. From a time earlier than authentic records can trace, the stars have been formed into artificial groups, which have received names borrowed from fancy or fable. These groups are called constellations. Though quite devoid of anything like systematic arrangement, this traditional grouping is found a sufficiently convenient classification, and still remains the basis of nomenclature for the stars among astronomers. Before the invention of almanacs, the risings and settings of the constellations were looked to by husbandmen, shepherds, and sea-faring men as the great landmarks of the seasons, and consequently of the weather which each season was expected to bring with it (see Job xxxviii. 31); and it is not surprising if the storms or calm weather that usually accompanied such seasons were connected, in the popular imagination, with the influence of the stars themselves, or the beings with whom superstition or fable identified them. Thus, the risings and settings of Boötes with the bright star Arcturus, which took place near the equinoxes, portended great tempests. (See Vergil's Georgics, i. 204.) The great heat in July was ascribed to the rising of Canis, the dog, with its bright star Sirius. (See CANICULA; HELIACAL RISING.) The appearance of the twins, Castor and Pollux, was hailed as the harbinger of fair summer weather.

Almost all nations have, from early times, arranged the stars into constellations, but it is chiefly from the nomenclature of the Greeks and Romans that our own is derived. Eudoxus, a contemporary of Plato, about 370 years B.C., gave a description of the face of the heavens, containing the names and characters of all the constellations recognized in his time. Though this production is lost, a poetical paraphrase of it, written about a century later by Aratus (q.v.), is still extant. This poem describes twelve zodiacal constellations (see ZODIAC), with twenty

in the Northern Hemisphere and thirteen in the Southern. The next enumeration occurs in the Almagest of Ptolemy, which includes the preceding, with three additional, one northern and two southern constellations, making in all 48. These are the ancient stellar groups. Large accessions have been made to the nomenclature in modern times, in consequence of maritime discovery having made us acquainted with constellations in the Southern Hemisphere which never rose upon the world known to our ancient authors. In 1751 Lacaille went to the Cape of Good Hope for the purpose of making a catalogue of the southern stars, and forming them into constellations-an undertaking which he prosecuted with great ardor for nearly four years, at the expense of the French Government. Even the flattery of courtiers has contributed toward the stellar nomenclature. Upon the restoration of Charles II., the evening before his return to London, Sir Charles Scarborough, the Court physician, was gazing upon a star in the northern heavens which shone with greater luminosity than usual, as might be expected from a loyal star on such an occasion. This, in connection with a few others, was formed into Cor Caroli, the heart of Charles II., by Halley, at the doctor's recommendation. The chief constellations will be noticed under their several names. (See ARIES; URSA MAJOR, etc.) fanciful figures from which the constellations are named are depicted on celestial globes and maps of the heavens.

The

In the older writers upon astrology, constellation signifies the relative positions of the planets at a given moment. See ASPECT.

CONSTELLATION. A famous United States

vessel, built in 1798, which, as the flagship of Commodore Truxton, captured the French frigate Insurgente in 1799, and in 1800 won a brilliant victory over the superior French frigate La Vengeance.

CONSTIPATION (Lat. constipatio, from constipare, to crowd together, from com-, together stipare, to crowd, from stipes, stem). Abnormal retention in the intestines of fecal matter, or its passage in abnormally hard masses. Normally the bowels of an infant should 'move' or be emptied from two to five times in 24 hours; the bowels of an adult once in 24 hours. The causes of constipation are imperfect digestion (due to deficient secretion in the alimentary canal, inaction of the liver, or insufficient contraction of the muscular fibres of the intestine), insufficient exercise, the use of alcohol or drugs, or improper food. The treatment of constipation may be dietetic, hygienic, and medicinal. The diet should be largely vegetable, with wholewheat bread, cereals, fruit, and an increase of fats and water, with little meat, no alcoholic beverages, and little sugar. A daily cold spongebath, regular out-of-door exercise, and circular massage of the abdomen in the direction of the passage of the intestinal contents, relieve many cases. In other cases an enema of soap and water or cathartic medicines may be necessary. See CATHARTIC.

LOWER ANIMALS. Constipation in the lower animals depends, as in man, on imperfect secretion from, or motion of, the intestinal walls. In the horse it is usually accompanied by colie (q.v.), and when long continued leads to enteritis (q.v.). The appropriate remedies are soap

and water clysters, given every two hours; smart friction and cloths wrung out of hot water applied to the abdomen, with three drachms of aloes and one of calomel, given in gruel, and repeated in sixteen hours if no effect is produced. Give, besides, walking exercise; restrict the amount of dry solid food, but allow plenty of thin gruel or other fluids, which may be rendered more laxative by admixture with treacle or a little salt. Similar treatment is called for in dogs, cats, and pigs. In cattle and sheep digestion principally takes place in the large and quadrisected stomach; the bowels, accordingly, are little liable to derangement; and constipation, when occurring in these animals, generally depends upon impaction of dry hard food between the leaves of the manyplies, third stomach, or fardel-bag. The complaint is hence called fardelbound. It results from the eating of tough and indigestible food, such as ripe vetches, rye-grass, or clover; it prevails in dry seasons, and on pastures where the herbage is coarse and the water scarce. It occurs among cattle partaking freely of hedge-cuttings or shoots of trees, hence its synonym of wood-cvil. From continuous cramming and want of exercise, it is frequent in stall-feeding animals, while from the drying up of the natural secretions it accompanies most febrile and inflammatory diseases. The milder cases constitute the ordinary form of indigestion in ruminants, are accompanied by what the cowman terms loss of cud, and usually yield to a dose of salts given with an ounce or two of ginger. In more protracted cases rumination is suspended, appetite is gone, constipation and fever are present. There is a grunt noticeable, especially when the animal is moved, and different from that accompanying chest-complaints, by its occurrence at the commencement of expiration. By pressing the closed fist upward and forward beneath the short ribs on the right side, the round, hard, distended stomach may be felt. This state of matters may continue for ten days or a fortnight, when the animal, if unrelieved, becomes nauseated, and sinks. Stupor sometimes precedes death, while in some seasons and localities most of the bad cases are accompanied by excitement and frenzy. In this, as in other respects, the disease closely corresponds with stomach-staggers in the horse. Treatment.-Give purgatives in large doses, combining several together, and exhibiting them with stimulants in plenty of fluid. For a medium-sized ox or cow, use three-quarters of a pound each of common and Epsom salts, ten croton beans, and a drachm of calomel, with three ounces of turpentine, and

administer this in half a gallon of water. If no effect is produced in twenty hours, repeat the dose. Withhold all solid food; encourage the animal to drink gruel, soft bran mashes, molasses and water; and give exercise, enemata, and occasional hot fomentations to the belly. CONSTITUENT ASSEMBLY. See ASSEMBLY, NATIONAL.

CONSTITUTION (Lat. constitutio, a settlement of a controversy; then a decree; from constituere, to cause to stand, to establish, from con- statuere, to erect, to establish). Formerly used of any law promulgated by sovereign authority. In the Roman Empire, the imperial legislation, decreed and put into effect by the will of the Emperor, was comprehensively described by the term constitutiones. These included re

scripts, or answers to questions or petitions; mandates, or instructions to officials, administrative and judicial; decrees, or judgments on causes brought before him, directly or on appeal; and edicts, or general proclamations. See CIVIL LAW.

So in early English law, constitution signified any statute, though it was not commonly employed except with reference to certain important legislation affecting the relations of the State and the Church. Thus, the Constitutions of Clarendon were laws enacted in the reign of Henry II. at a Parliament held at Clarendon in 1164, restricting the power of the clergy, limiting the right of appeal to the Pope, and virtually making the King the supreme head of the Church in England.

At the present time, however, the term is used in the more restricted sense of the fundamental law of a State, society, or corporation, public or private. More specifically, the Constitution of a State or society is the body of legal rules by virtue of which it is organized and governed, and which determines its legal relations to other States and societies and to its own members. This Constitution may be created by the political or other body whose powers it defines and regulates, or by the individuals composing it and from whom its powers are derived, or it may be the creation of an external authority to which it is subject. Examples of the last form of constitution are afforded by the case of the ordinary private corporation, whose fundamental law is prescribed by the State to which it owes its existence; by municipal corporations, such as cities and villages, which derive their authority from their charters of incorporation and from the municipal law of the State to which they belong; and by subject States, territories, or colonies, whose constitutions are to be looked for in the legislation of the parent or sovereign State. The constitutions of Canada, of Hawaii, of Porto Rico, and to a certain extent that of the Republic of Cuba, belong to this class-the act of the American Congress, under the authority and the limitations of which the Cuban Constitution was recently enacted, being in effect a part thereof.

Examples of the second form of fundamental law exist, in the political sphere, in popular constitutions like those of the United States, of the several States of the American Union, of the French Republic, and of Switzerland; and, in the domain of private law, by the rules adopted by the stockholders of corporations and voluntary associations for the conduct of their affairs

by their boards of directors and other officers.

The first type of constitution, in which the fundamental law is the creation of the powers wielding the sovereign authority of the State, is

to be found in all of the monarchical States of

Europe which have adopted, in whole or in part, a constitutional form of government. The free Constitution of England, so popular in character and so largely the product of custom, in a strict legal sense, belongs in this category as clearly as does the government of Russia, which became at least nominally constitutional in 1905 by imperial decree. To this class also we must refer the Constitution of the Roman Empire, as well as of the Republic, and of the free commonwealths of ancient Greece. It is to this form of constitution, because it is alterable by the ordinary legisla tive authority of the State, that Mr. Bryce ap

« AnteriorContinuar »