The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1873-07-26
politital affairs.


electoral system matter OF earnest dis
course at Cincinnati on the Fourth of July
last. His address was marked by all the
patient research and original brilliant
thought for which It's gifted author is cell
ebrated. Both as lawyer and statesman
Judge Thurman is the peer of any man in
the country, while his patriotism, honesty
and fidelity to the true principles Of the
American Republic challenge the attention
of the nation. Judge Thurman commene-
ed his address by observing that swhen
our government was formed il was regard
ed as an experiment even by many, If not
all, Of its foundes,n but, he continued,
"eighty-four years Of successful existence,
nearly eighty yearsof domestic tranquility,
growth in population, wealth, education,
enlightenment and territory without par
allel, a capacity for war, both civil and
foreign, as well as for peace, entitle US TO
say with confidence that our system is no
longer an experiment; that Il has been
tried and its benefeence and efficacy de-
monstrated, that whatever may be It's
minor defects, its general features are
worthy Of all commendation 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 a government in Europe,
whatever it may be in theory, that is prac-
tically as despotic as il was when our con-
stitution was adopted. Witness the en-
largement 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, and the abo-
lition Of serfdom in Russia, and see what
mighty strides liberal principles have made
since our fathers boldly set the example of
founding great and free republic
Judge Thurman then proceeded on his
way by declaring that "no one pretends
our Constitution is perfect, for no human
institution ever was or will be perfect.
But it tcontains within itself an Invaluable
safeguard against violence, and provision
for progress, in the article for its peaceful
amendment By means of that article il
can, with care, deliberation and wisdom,
be adapted to the changing circumstances
and unforeseen necessities that may arise,
and made to represent the will and sub.
serve the interests Of the people as long as
the public shall endure" Allusion was
then made by Judge Thurman to the fact
that in less than two years after the gov
ernment went into existence, no less than
ten articles Of amendment to the Constitu-
tion were adopted. Within eight years
more the Eleventh Article was adopted,
placing certain limitations upon the judicial
power of the United States. The extraor.
dinary circumstances attending the election
of President by the House Of Representa-.
tiyes in 1901, when an effort was made to
ignore the will Of the people, and choose
Aaron Burr instead of Thomas Jefferson
to be President, led, in 1904, TO the adop.
ton ofthe much-needed amendment known
as Article Twelve. The Thirteen Amend.
ment was adopted in 1865, and the -Four.
teenth and Fifteenth declared as parts Of
the Constitution in 1868 and 1870 re.
spectively.
That the Constitution will be further
amended no one can doubt" continued
Judge Thurman, ''indeed, in some partic.
ulars, all who have studied the subject
agree that it should be amended without
delay" He then called the attention 10
some Of these particulars. His first point
was in respect to the mode of amendment
itself Upon this he said:
A proposed amendment must be ratified by
the Legislatures Of three-fourths Of the several
States in order to become part Of the Con.
stitution. But no time is prescribed in which
the decisions of the Legislature must be made
and hence you saw your own Legislature, at
its last session, ratify an amendment that was
proposed more than eighty-three years ago,
and which has previously received the assent
OF but seven States, and had wholly passed
out OF the public mind. But inasmuch as il
had never been expressly rejected, your As.
sembly believed il to be still open to adoption,
and II must be admitted that il is not easy TO
answer the logic thus brought them to that
conclusion. Again, has Legislature, after
ratifying an amendment, right to rescind its
ratification before three.fourths Of the States
have ratified Il or, having rejected ii, has il
a right afterwards to ratify III
These are questions upon which the Consti.
tuition Is wholly silent. But they are ques.
tons Of the very first Importance as the his
tory Of the Fourteenth and Fifteenth amend
ments shows. Thus New Jersey, Oregon
and Ohio at first ratified the Fourteenth
amendment, but subsequently withdrew their
ratification. Had they the power to do SO
i On the other hand, Virginia, North Carolina,
South Carolina and Georgia at first rejected
it, but afterwards ratifedit. Could they rat
ify after rejecting i'll Congress seems TO
have considered that the State cannot with
draw its ratification once made, and that,
therefore, New Jersey, Oregon and Ohio
should be counted for the amendment; but
having rejected il might afterward ratify, and
that consequently Virginia, the Carolinas and
Georgia should also be counted for the amend
ment 1t is possible that these decisions,
though seemingly inconsistent, are neverthe.
less correct but it is easy to see that had q
majority in each branch Of Congress been op-
posed to the amendment, there would have
been strong temptation to decide otherwise,
and 70 declare that the amendment was
rejected.
So in respect to the fifteenth amendment |;
New York at first ratified 1t, but subsequently
withdrew her ratification. Ohio at first re-
jected, but afferward ratified it, and both these
to be no uncertainty in regard to questions so
vital as these. The Constitution Is the su-
preme law of the land. An laws that conflict
with it are absolutely void. There should be
no doubt whatever as to what is its text.
There will alwaysbe embarrassing uncertainty
enough arising from different interpretations
of the instrument, without the worse uncer-
tainty as to what is its letter. And, although
ais have said, the Fourteenth and Fifteenth
amendments are universally acquiesced in,
who can say that some future amendment, de-
clared to be adopted under like circumstances,
may not give rise to serious discord? hope
therefore, to see the Constitution speedily
amended so as to remove all uncertainty in the
particulars have named, and also to provide,
what is not now expressly provided, aconelu-
sive mode Of ascertaining and declaring when
q proposed amendment has been ratified and
become part ofthe Constitution.
In respect to the election Of President
and Vice President Judge Thurman also
maintained there Is urgent need for an
amendment
do not allude to the proposition to dis
lpense with the electoral colleges and permit
4 r.