Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-07-26
FAULTS OF OUR ELECTORAL sYS.


States Senator from Ohio, has made the
faults of our electoral system a matter of
earnest study and research, and in a late
public address he observed that "when our
government was formed it was regarded as
an experiment even by many, if not all, of
its founders" but, be continued, "eighty-
four years of successful existence, nearly
eighty years of domestic tranquility, q
growth in population, wealth, education,
enlightenment and territory without a
parallel, capacity for war, both
civil and foreign, as well as for
peace, entitle us to say with con-
fdence that our system is no longer
an experiment; that it has been tried and
its beRefcence and efficacy. demonstrated;
that whatever may be its minor defects, its
general features are worthy. Of all common
dation; that as an example Of the benefits
resulting from free institutions, it daily
strengthens the cause of liberty throughout
the civilized world. There is not govern
ment in Europe, whatever it may be in
theory, that is practically as despotic as it
was when our constitution was adopted.
Witness the enlargement Of the electoral
franchise in Great Britain, the universal
suffrage of France, the Republicanism of
Spain, the constitutional governments Of
Germany, Italy, Denmark and Sweden,an
the abolition of serfdom in Russia, and see
what mighty strides liberal principles have
made since our fathers boldly set the example
of founding a great and free republic"
Judge Thurman then proceeded on his way
by declaring that tno one pretends our
Constitution is perfect, for no human insti-
tuition ever was or viii be perfect. But it
contains within itself an invaluable safe
guard against violence, and provision for
progress, in the article for its peaceful
amendment. BY means of that article it
can, with care, elaboration and wisdom, be
adapted to the changing circumstances and
unfo.seen necessities that mag arise, and
made to represent the will and subserve
the interests of the people as long as the re-
public shall endure. "Allnsion was then made
by Judge Thurman to the fact that in less
than two years after the government
went into existence, no less than ten arti-
cles of amendment to the Constitution
were adopted. Within eight years more
the Eleventh Article was adopted, placing
certain limitation upon The judicial power
of the United States. The extraordinary
circumstances attending the election of
President by the House of Representatives
in 1901, when an effort YVES made to
ignore the will of the people, and choose
Aaron Burr instead of Thomas Jeffer-
son to be President, led, In 1904,
to the adoption Of the much-needed |
amendment known as Article Twelve. |
"That the Constitution will be further
amended no one eau doubt" continued |
Judge Thurman, "indeed, in some particu- |
lars, all who have studied the subject agree |
that it should be amended without delay" |
He then called the attention to some of !
these particulars. His first point was in |
respect TO the mode of ameGmens itself. |
Upon this he said:
GA proposed amendment must be rati- |
fed by the Legislature of three-fourths of |
the several States in order to become part |
of the Constitution. But no time is pre-
scribed in which the decisions of the |
Legislature must be made, and hence |
yeu saw your own Legislature, at its
l. 81 EI,o&
proposed more than eighty.three years ago,
and which has previously received the as
----t -S L--G 1880 CG-ses, and had wholly
passed out of the public mind. But mas
much as it had never been expressly reject
ed, your assembly believed it to be still
open to adoption, and it must be admitted
that it is not easy to answer the logic that
brought them to that conclusion. Again,
tas Legislature, after ratifying an amend
ment, right 10 rescnd its ratification be-
fore three-fourths of the States have ratified
it: or, having rejected it, has it right after
wards to ratify it?
"Ttese are questions upon which the
Constitution is wholly silent. But they are
questions of the very first importance, as
the history OF the Fourteenth and Fifteenth
amendments show. Thus New JERSEY,
Oregon and Ohio at first ratified the Four
teenth amendment, but subsequently with
drew their ratification. Had they the DOW
er to do so? On the other band, VIRGINIA,
North Carolina, South Carolina and Geor-
gia at first rejected it, but aftsrWard rat
fled it. Could they ratify after rejecting
1t? Congress seems to have consi l. !
cred thai the State cannot with
draw its ratification once made, and
that, therefore, New Jersey, Oregon and
Ohio should be COUNTED for the ameaement;
but having rejected it might afterwsrd rati- j
~, and that consequently Virgins, the Car
olinss and Georgia should also be counted
for the amendment. 1t is possible that these
decisions, though seemingly inconsistent, t
are nevertheless correct; but it is easy to
see that had a majority in each blaIch of
Congress been opposed to the amendment, ,
there could have been a strong temptation
% decide otherwise, and to declare that the l
was rejected.
$50 in respect to tie fifteenth amend f
nent; New York at first ratified It, but SUBJ t
withdrew her ratification. Ohio
It first rejected, but afterward ratified it,
md both these States were counted for it.
NoW there ought to be no uncertainty in
egard to questions so vital as these. The
joDstit ution is the supreme law of the land. Y
All laws that conflict with it are absolutely
old. There should be no doubt whateve
S to what is its text. There will Away q
e emb lrrassing uncertainty enough arts ng Z
rom different interpretations of the inst ru- =
nent, without the worse uncertainty \
s to what is its letter. And, altho ugh
s have said, the Fourteenth and Fiji
zenith amendments are universally aqu!- a
seed In, who can say that some future t.
declared to be adopted urder W
Ike circumstances, may not give rise to Sc a
ous discord l hope therefore, to see the G.
Constitution speedily amended so far as to Il
smove all uncertainty in the particulars l
ave named, and also to provide, what is
OF now expressly provided, a conclusive Q
lode of ascertsining and declaring when a
roposed amendment has bee u ratified and
ecome part OF the Constitution"
In respecs to the election of president and a
ice-President j Judge Thurman also main d
lined there is urgent need for an amend
lent:
81 do not sllude to the proDosition to dis | 6