James Madison, too, we may be said to have inherited. His invaluable
gifts of counsel were of the sort so happily imparted to us with our
English blood at the first planting of the States which formed the
Union. A grave and prudent man, and yet brave withal when new counsel
was to be taken, he stands at the beginning of our national history,
even in his young manhood, as he faced and led the constitutional
convention, a type of the slow and thoughtful English genius for
affairs. He held old and tested convictions of the uses of liberty;
he was competently read in the history of government; processes of
revolution were in his thought no more than processes of adaptation:
exigencies were to be met by modification, not by experiment. His
reasonable spirit runs through all the proceedings of the great
convention that gave us the Constitution, and that noble instrument
seems the product of character like his. For all it is so American
in its content, it is in its method a thoroughly English production,
so full is it of old principles, so conservative of experience, so
carefully compounded of compromises, of concessions made and accepted.
Such men are of a stock so fine as to need no titles to make it noble,
and yet so old and so distinguished as actually to bear the chief
titles of English liberty. Madison came of the long line of English
constitutional statesmen.
There is a type of genius which closely approaches this in character,
but which is, nevertheless, distinctively American. It is to be seen
in John Marshall and in Daniel Webster. In these men a new set of
ideas find expression, ideas which all the world has received as
American. Webster was not an English but an American constitutional
statesman. For the English statesman constitutional issues are issues
of policy rather than issues of law. He constantly handles questions
of change: his constitution is always a-making. He must at every
turn construct, and he is deemed conservative if only his rule be
consistency and continuity with the past. He will search diligently
for precedent, but he is content if the precedent contain only a germ
of the policy he proposes. His standards are set him, not by law, but
by opinion: his constitution is an ideal of cautious and orderly
change. Its fixed element is the conception of political liberty: a
conception which, though steeped in history, must ever be added to
and altered by social change. The American constitutional statesman,
on the contrary, constructs policies like a lawyer. The standard with
which he must square his conduct is set him by a document upon whose
definite sentences the whole structure of the government directly
rests. That document, moreover, is the concrete embodiment of a
peculiar theory of government. That theory is, that definitive laws,
selected by a power outside the government, are the structural iron
of the entire fabric of politics, and that nothing which cannot be
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