Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1859-06-22
AN ExPLoRER OF THE CONSTITUTION


chusetts The resolution which does not fall
ter here, is not likely to fail in any of the ordi-
nary undertakings by which Divine Providence
tests the courage of men and gives them use
full discipline. The labors of Hercules made
some noise, in their day; but the brave deeds
of Hercules Immediately lose Importance and
seem dwarfed to inconsiderabe trihes, when
brought into comparison with the mighty IN
dertaking of that heroic benetactor OF mankind
who devotes himself to the work Of exploring
and expoundng faithfully the Constitution
of Massachusetts.
The Daily Advertisers late battle with this
defiant and unconquered difficulty was occa-
stoned by the appointment of Mr. Griffin to the
Office of Clerk of the Supreme Judicial Court.
That journal announced this appointment, and
stated that on accepting it. Mr.. Griffin must,
in compliance with the Constitution, resign
his seat in the Legislature, and consequently
cease to be a member of the committee on the
revision of the statutes His resignation would
be loss to that committee, on account of
which the Advertiser expressed regret. But
the editor of that paper, who is not the man to
leave anything half done, went again to work
and soon. found himself compelled to adopt
another view of the matter. He was now
glad to perceive that the constitution did not
require Mr. Griffin to resign his seat. But,
alas, he is an oyer-bold man who claims to
know all about the actual meaning of that
marvellous reproduction of chaos, the disor-
derby mass of mouldy and ragmentary leaves
which contain the record of our fundamental
law. Further exploration has obliged the
Daily Advertiser to return to its first position.
How long its perseyering studies of the consti-
tuition will allow it to remain there, none but
the profoundest constitutional lawyers should
undertake to say; and they, having some no.
ton Of the intricacies and uncertainties of the
subject, will give an opinion with extreme
caution.
The Advertiser says 1.-THE great number
of the Amendments of the Constitution con-
fuses the text somewhat" Somewhat! yes,
the confusion is somewhat and the present
condition of the constitution is dsgraceful to
the State The old constitution of Mess"eh',
amendment after amendment has been adopt
ed, until large part of the old instrument has
been superseded. We have now the old in
strument partly obsolete and partly in force,
with confused mass of fragmentary records
containing amendments, some of which are of
great Importance. That form of the constitu-
tion which is regularly published with the leg
4slatiyc Rules and Orders, is not actually the
genuine document. 1t is nothing more
than convenient summary of the con-
stitution as Judge Cushing understood 1t and
it was regularly copyrighted and used as pri-
yate property. There are grave doubts of its
correctness on some points but who will I'M
dertake to verify these doubts Who is likely
to explore chaos with such fidelity and eclat
as will satisfy all concerned, and secure gener-
al confidence in the correctness of his conclu-
sions.
The fundamental law of the State should be
readily accessible to those interested in it;
and therefore the record of this law should be
orderly and perspicuous. Nothing should be
done to confuse or obscure its meaning. All
its provisions should be stated as clearly as
the possibilities Of language will allow, so that
all may understand them without difficulty,
and eat all times find security in them.''
Much of the Constitution is now so far beyond
the ordinary reach Of the most elaborate and
critical analysis, that it is of no value save to,
furnish. illustration for use in some curious phi
losophers Natural History of Confusion
The editor of the Daily Advertiser is not the
first man whom it has baffled and deiied and
he will not be the last.
One attempt to remove this great evil and
give us the Constitution in a careful arrange
ment of clearly stated provisions, was defeat
ed,--not because there was no general con-
ciousness of the great need of such a reform,
but because partzan prejudces and passions
contrived at that time to make the political at
mosphere rather too hot and thundery for
reasonable decision of anything. A revision
Of the Constitution is something that should
as far as possible be done in the silence of such
passions. Yet we fear that the people of Mas
sachusetts may be constrained to wait long
time before they get anything as good, on the
whole, as that new constitution which was re-
jected. And how long must we wait A re-
vision of the Constitution is quite as important
as revision Of the Statutes. Why should the
legislature provide for one and neglect the
othera 1t is too much to hope that this mat
ter will get proper attention at the next session
OF the Legislature, and be pursued Industrious
ly, until the constitution ceases to be chaotic
mass of fragments and becomes clear and
beautiful, as il should be, by means of suitable
revision and harmonious arrangement