The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-09-07
ALABAMA's CONSTITUTION.

ADDRESS OF GENERAL L. p. WALKER on
TAKING THE GUARDIANSHIP OF THE coNvEN-
TIoN APPOINTED TO REVISE THE ANCIENT IN
sTRUAIENT SUGGESTIONS AS TO WHAT Will.
BE E-LEGIsLATIyE LIMITATIONS URGED
MONTGOMERY, Sept 8, 1873
The Alabama Constitutional Convention met here to-
day General L. Z. Walker chosen President by
acclamation the republicans and democrats all voting
for him. His father President OF the Convention
which adopted the constitution IN 1919 under which
Alabama admitted into the Union On taking the
chair o-day he said
GENTLEMEN or THE CoXvENrIoy-I beg Won to accent
my sincere thanks for the distinguished honor YOU have
conferred in electing TO preside over Your DELHI
erations Its duties shall endeavor to discharge
with fairness and impartiaiity and with such
ability d as may c command In well or
should be, indeed they are of rare occurrence as
changes in the fundamental law ought only to be made
of civilization Hasten slowly and change grad.
ually is the highest wisdom of government
The constitution framed by fathers in 1919 was
made for new state, and under 1t our people pros
percd and grew into great Commonwealth. The war
and the sacred edi1ce built with such amid
the primeval forests OF the Mississippi territory was
dismantled and RACED 10 the ground by
alien hands in spirit of ruthless iconoclasn
What called the present constitution of the State of
Alabama a piece of unseemly mosaic, composed of
shreds and patches gathered here and there-ncon-
gruous in design, nharmonious in action, dscrmin-
We have met TO DAY not, indeed, to reclaim
the scattered fragments and rebuild the old
temple, but to construct constitution not wholly I'M
worthy, and we trust to succeed The truest states
manshp that which generaliZes principles as to
give them flexible adaptability to the progress and
needs of civilization. Let us endeavor to
give to proceedings this characteristic of wisdom
Let the organic law are to frame be comprehensive
consistent enlightened non partisan alike lust to
all classes, protective Of all interests and equal IN its
burdens IN its benefits. An eminent statesman has
said that 'the power to tax is the power destroy"
Governments should provide against possibilities as
possibilities often become facts
LIMIT THE LEGISLATIVE POWER
of taxation so as to shield from suspicion the honor
and credit of the state. The spirit of the age
lcentous and eXtravagant The old economies have
become disrepuable Individual characteristics have
been made the habit of government and government
has degcnerated into mere fundamentally for the
advancement opersona ambtions and the promotion Of
personal aims in Il way that would have shocked the
primitive smplcities of the men who conceived and
illustrated in their lives the great problem of free gov
eminent on this Continent The simplest form of gov
eminent is the best. The complications of multiform
machinery, however suitable to the development of the
special science, only aggravate the burdens which
more or less attend every form of civil administration
Abstract from the fundamental law every useless in
strumentalty so as to have as few Intermediates as
possible between the government and the people We
thus secure both responsibility and economy and
great law of order. is placed beyond the
hazards of fluctuations or disturbance Abstinence Is
cardinal virtue, and should be potent in the law OF
States in the conduct of individuals Govern little
possible and only by general laws, is the rule of
OF interpretations Is one OF the marvels of
the age in which we live Their power like
that of King George has increased is increasing and
ought to be diminished Great as they are they are
simply the representatives OF individual interests and
never organized except to promote personal ends
The dignity of government is all compromised when its
credit surrendered and its honor committed to other
custodans than its own agents and servants. Consu-
tona prohibition should protect the State against the
contingencies of legislative departure from this prn-
cipe
SPECIAL LIMITATIONS
should be placed upon counties, and other civil
municipalities, and they should be restrained from
lending their credit To ventures of private speculation
however plausible in theory and possibly profitable in
results Local legislation, though sometimes seem
ngly exgcn should absolutely be forbidden Its enact
mens nsidous, its exercises specious and its ends
often legitmate and sometimes demoraiZing and cor
rup The liberties of the people only be preserved
through incorruptibe judiciary. IL is the ntcrpre-
of the law by the courts, than the law
itself that gives to legislation its character for wis
dom or folly. Independence in its action except
to just public criticism, should be secured
to the Judges who administer the laws by extended
terms of office, and thus remove them far posi-
bic from sudden explosions OF popular clamor the
hand and the temptation to seek popular favor by
unworthy means upon the other
Gentlemen of the Convention 1t is neither my prov
ince my purpose to do more than suggest
general principles for your consideration leaving their
value be determined by higher and better
judgment With u saubriOus climate, q generous
and productive SOIL mineral wealth bound
less profusion, and water power of vast oapa-
bties State lacks nothing To make it great except
q good government, honest and economical; Just, fair
OF duty and temperate conservative and national
in all of its provisions This great is conided
us That our deliberations to this end may be har-
monous labor successful and the final consummaton
accept the onerous and responsible position you have
assigned to me.