New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-05-12
rHR AtiRttcAN coNsTrrurroN.
senator nIorton,s YIews.


The American constitution was the pro-
ouction of the most intelligent minds OF
Our country at the period of its formation.
1t was not in any sense the result of in
ventive genius, for its main feat ures had
been suggested by the experience of the
thirteen colonies both during and before
the confederation. When we compare il
with the British constitution, with the
articles Of confederation, and with the
different colonial governments, we shall
be surprised to find how little there is in
it that was new. The particulars in which
the. new government differed from that OF
the confederation has been suggested by
the brief experience of few years under
the latter government. And, while We
admit with the greatest pleasure the wis.,
dom and the ability of the trainers of the
constitution, we are driven to admit also
their falibility, and that in many respects
they failed to see what was in the future,
and to provide for the contingencies of
after years. One of the chief difficulties
they experienced was in the creation of an
executive; and after the subject had been
long considered, the plan adopted, Of a
choice by electors, was hastily conceived
and incorporated without mature con-
sideration.
The trainers of the constitution were
very conservative democrats, if demo-
Gratis they might be called. While pro-
Tossing theoretically to believe in the
natural rights of man, and in govern
ment of the people they entertained a
profound distrust of the capacity of the
people to govern themselves, and con-
sented to bring the new government di-
rectly to the people only in one depart
ment-the election of members of the
House of Representatives. By reeogniz-
ing the necessity of an elective executive,
and putting away with aversion the
idea OF a monarchy, they sought to place
the executive as far from the people as
possible. They accordingly devised the
scheme of the Electoral College, the
members Of which were to be chosen in
a manner prescribed by the Legislatures
of the several States. The debates in
the convention and the newspaper COM
ments of the period show that it was not
contemplated that the Legislatures
should submit the appointment of
electors to vote OF the people.
That was an afterthought, and was
adopted by the States gradually-South
Carolina, up to the beginning Of the re-
bellion, continuing to choose electors
by the Legislature. The theory of
the Electoral College was, that it
would be composed of q body of
select men, chosen on account of
their wisdom and high character, who
should be entirely uncommitted and I'M
trammeled in their action, and meet, de-
liberate and vote with perfect independ-
ence, And, to secure their independence,
it was provided that they should vote by
ballot, SO that one should not know how
the other voted. Not only were they not
expected to be pledged in advance to vote
for particular candidate, but the precise
theory of their creation was that they
should not he so pledged, but remain per-
fectly free and uncommitted, to do what
their sound judgment dictated when they
came together to choose a President.
How completely this theory has failed in
practice requires no comment The prac-
tice has contradicted the theory for the
last sixty years in every particular. The
electors are put in nomination by parties,
and are pledged to vote for a particular
candidate; and should one of them, after
election, betray this pledge, ne would be
regarded by all parties as infamous. Ex-
perience has curiously shown that this de-
parture from the original theory is the
very best feature in the electoral system
as now practiced, and is the only guaran-
tee against corruption of the elector. The
constitution further provided that in case
no person received majority of the votes
of all the electors appointed, the House
OF Representatives should proceed to
elect voting by States-each State having
one vote, without regard to population or
to the number of Representatives in the
House. New York, having population
/ forty-six times greater than Nevada, would
have but one vote-Nevada having enc.
This election was to be made by mem
bers of the House who had been elected
nearly two years before, and who could
not be supposed to represent the latest
expression of the popular will. Thus the
choice Of the President was removed as
tar as possible from the people to have
the elective Office at all. The constitu-
ton provides that the judges of the Su-
preme Court shall hold their offices dur
ing good behavior, that the Senators
shall be chosen by the Legislatures of
the States, and not by the people, thus
removing their choice as far as possible
from popular passion and control. The
only department of the government in
which the voice of the people was to
be directly expressed was in the election
of Representatives. The trainers OF the
constitution did not believe that it was
safe to trust the people directly with the
administration Of the government, except
in very limited degree. They had been
educated in the fear of democracy, and
while asserting in the declaration of indie
Lit L,
of man, and that government should exist
only by the consent of the governed they
afterward showed how theoretical and
shadowy their notions upon that subject
were by permitting the continuance Of
slavery, giving to it constitutional guar
antees, and by so constructing the govern.
ment as to leave the people out as far as
| possible. The trainers of the constitution
were masters Of the English language.
| Perhaps no instrument has been framed il
modern times in which words were used
with SO much precision, and in which SC
much has been embraced in compare.
lively few sentences. They were eonsum,
mate masters of words, and the debates in
the convention show the remarkable care
and accuracy displayed in the selection o.
a word intended to convey particular
| idea, but not liable to misconstruetion Oh
mistake. In other respects the wisdom
| of the trainers of the constitution has no
been so conspicuous. The events of s
hundred years have shown that their feari
of democracy were not well grounded
and that the true dangers to our institu
1 tons lay in other directions than thos,
which were ever present in their minds
What is true in architecture is true unde
| our system of poYernment=fhA hrnade