Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1845-05-31

new Constitution Tor the State of Louisiana
oilers To our observation one of those land
marks which now and then arise tn show ms
how lar we have driited on the sea of change
winch Is bearing our institutions Ear from the
point at which they started. That public
opinion which upholls or alters our fram,s of
government IL not the same which was born
oil the Revolution. 1t is pervadcd now by a
passion for new and untricd theories. bv undo
hned notions of popular supremacy. and
lSlrange as II may sccm) by growing distrust
OF popular wisdom. Stranger still. these are
peculiarly the sentiments of that party among
Us which claims TO be exclusively Demo.
cratic Their influence is conspicuous in the
instrument now submitted TO the people of
Louisiana.
1t was formerly a source of manifold grie.
'ances, and one of the springs of rebellion
and revolution in England that the Judges
were dependent on the crown for the tenure
OF their offices and the payment of their sala-
ries. The champions of popular rights wrung
from the crown. at the swords point, a relin-
punishment of this prerogativc. They regard
ed, however the peculiar duties of this office
a. too delicate, responsible and sacred. TO leave
disturbing control in the hands of any body
in the State. They required therefore that the
salaries of the judges should not be changed
during their continuance in office, and that
they should be removed only on solemn inn
peachmcnt, for crimes and mislcm eanors.-
This dcar-bought concession of the crown is
one of the corner stones of English liberty.
In this Country the people stand in the place
of sovereign, and through their representa-
tives, exercise among other sovereign powers,
that of appointing judges. Our fathers, stu
dious TO preserve all the safeguards of regula-
ted liberty, resolved To keep the tribunals
which weigh i'll the impartial scales of justice
all the dearest rights of the citizen, free from
the rage OF parties the whims of caprice, and
the grasp ot seli-intcrcst, which sometimes
prevail i'll Legislative bodies. They denied To
the State Legislatures the preroga,ive of a ty-
rannical throne. They made judges remova-
BILE only on Impeachment BY the representa-
tives of the people. But now a different tone
of feeling prevails, and judge must hold the
scales for six years vacillatnS, wavering, dan
cling with the fear of removal or the hope of
reelection at the end of his term. This is TO
crafty those vague notions of popular suprem-
acy To which we have alluded.
On the other hand, mark the growing dis
trust OF popular wisdom 1t would really
seem that the new trainers of Constitutions
had found by sad experience that the people
do not elect representatives fit To be trusted
with the most usual powers of legislative
body. Short sessions may often be sufficient
for all the duties of Legislature. But emcr-
gencies may require long ones, and Constitu-
ton is meant 10 provide for the emergencies of
all future time. Cannot the people select
men who will honestly adapt the length of
their sessions TO the wants of the public
Or, If necessary, cannot they provide me-
dy by the passage of laws regulating the pay
of members, &c! To deprive the people OF
this di scretion argues distrst of the inteli-
gence and judgment of the people.
The Legislature is also forbidden 10 charter
banks. We confess that we are more pleased
with this first practical experiment of entire
ly dispensing with banks than with the old
" Democratic rule of making banks as plen-
ty as black-berries, and only opposing insttu-
tons designed to mitigate their evils But
he Is bold thcorist who will say that at no
period will the good of a community require
bank of any kind. To determine when and
where such an institution should be created,
was discretion heretofore vested in the peo-
pie, acting through their representatives. Has
II been discovered that the people, through ig-
norance, fraud or folly, have abused this dis
erection and proved themselves unfit to exercise
it? If not, why take il from them by perma-
ncnt Constitution
These instances show Our meaning. We
hold opinsons ourselves not at war with some
of the popular tendencies OF the day. We
like regulation of the right of suffrage, main
ly like that contained in this Constitution
We think it expcdent for the people TO elect
certain classes of officers. But we do not
forget that il was i'll the profoundest wisdom
that our fathers instituted for us republican
liberty, and not democratic license. We did
not intend, however, to pronounce upon the
propricty of all these novelties TO calculate
their remote results is probably beyond the
scope of any mind at the present hour. We
have referred to them a. the indications of the
progress which our institutions have made.
either for good or evil. We think them wor-
thy of the calm reflection of every lover Of
Our Country.
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NEw ORLEANs, MAY II, 1915.
Our Convention adOurned sine die ycster