Wilmington daily commercial., 1872-12-18
WILMINGTON, DEL.
STATE REFORM = NO. III. FURTHER DE
FECTs IN THE CONSTITUTION.

The next clause perhaps, which amendment /
il indispensably necessarily that which declares
that in the House of Representatives, of the |
State, There shall be seven representatives |
"chosen from each county, until s eater num- |
Der OF representatives shfl ~ the Generrl
" Assembly be judged necessary: And then, two
thirds Of each brr ach of the 1 sgislature con-
curing, they may BY law make provision for
increasing their number" "a, y. Set. ~
clause which might have Sid in terms, but
could not even then have more forcibly declf ed,
t1at he majority shall not rule in Delatoare.
The next succeeding section, referring to the
Office of State Senator, is open to sinilsr OBJ
lection, and further to this that while it imposes
a property qualification for its tenr ., yet nei-
Their defect in morals, nor in 'atellectur' ac-
quirements, acts as a disqualification And one
Of our Senators, who held Office some years since,
although unable, according to his own state
m ,nt, to vote intelligent, on question to adj
joum sine die, was by the ownership Of two
hundred acres of impoverished SOIL qualified
"a to fill an office in which the bi ghtest intel
lect, .thout estate, could find no place.
Act. II, Sec. II is ESQ a masterpiece. OF anti
progressive craftsmanship. This is the ''corpo-
ration clause" introduced into the constitution
at its adoption in 1881, at time when other
States were taking steps in advance, and endeay-
orfrg to foster the development Of their resour-
c,s as we'll by genera incorporation acts, as by
other meens, it impeded &C operative industry,
among our own people, and checked the intro
duction Of foreign capits', by debating that mo
g act OF incorporation, except for the renewal OF
"existing col porations, shall be hereafter en-
acted without the concurrence of two-thirds OF
each branch of the Legislature, and with re-
"served power Of revocation by the legislature
"ald no act Of incol poration which may he
thereafter enacted, shall continue in force fol
"lor yer pc. .od than twenty years, without the
ere enactment OF the Legislature r"less it be a
"co1 poration for public Improvement
The next clause which WI receive attention
at or hands, is Art ", Sect. 8, which declares
tat person once having fled the office OF
Cover lor shall not be eligible a second time tC
said Office" thus efectualy preventing the
people from ever receiving the benefit OF sec
ond tel N Of sery ice from good Governor, ever
though his terms should not be successive
Sect 8 of the same article, (IIl, provides tina
the Governor shall have power to remit hne
"pardons except in cases OF impes i uent.
Under this clause (Which we admit is not un
eommon in the various State constitutions thu
executive Of the State has, practically in hi
hands, the power to amir all enactments, if b.
30 chooses, by pardon before trial, that powe
be 1g granted it has been claimed, b. virtue o
II 3 clause. Some States have wisely denied t.
the Governor the ability to pardon before trial
eld there cen be no question that the whole OK
e.eise of this function of extending clemenc
'ould be supervised and shared in by an a w
sorry Council, such as has been established i
Massachusetts,.
Article III, Gelating to suffrage,) is one whic
% demands thorough handling, srd careful
anendment. Perhaps ne worst feature of thi
part of our Constitution is the power that it ind
roc y gives TO the Levy Cor-t to corruptly tam
per With the lights Of the citizen. At the sam
tine its uncertainty in eff ting the objects @
its inception is very Objectionable feature, al
tbs ARTICLE together with the supplemental
legislation npon it is one OF the most complet
illustrations of the fourth criticism made
'Iese articles, On our whole leg system, Il.
a failure to pro, de the necessary machinery
which those rights which are declared, or gran
ted can be enforced.)
Certainly in Democratic Rel ublic, the col
stituton shor'd, above every other object, by i
c,es-est and most deirite prov isious aud s'-ic
e,tlIles. provide for the enjoyment of the rgl
q suffrage, by every legs'ly entitled either
slor'd declare who shall be legally entitled
the exercise Of that right; shorld preclude I
others from its enjoyment; End should seeu
.1A oi1 - avl
legislation whatever. Failing in any one of thes
its ends and objects are not accomplished al
the disgrace Of failure goes with it. Itmay ia
somewhat lengthy document to secure AL
these indeed but it is poor economy to jeopar
G the rights of the people by leaving to t
shifting and uncertain judgment Of Legislator
what orght to be immutably fixed in the oRaA
&c Law.
EDITORIAL TOPICS.