The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1882-08-10
Recent Constitution Making.
Philadelphia Press.


Constitutions making has been in
steady progress in the United States
for a century, eliminating in three
great periods of activity-at the close
of the Revolutionary war, in the ten
years lying just before and after 1850
and in the year just succeeding the
war. Each of these periods YVES marked
by the adoption of "a large number of
important constitutions, bearing
family resemblance, and showing
signs of successive development in
che conception of the organic law of a
State. In the years now passing pro-
jects for constitutional conventions are
pretty generally voted down, the last
proposal negatived being in Kansas
tn 1881, and constitutional changes are
chiefly minor amendments, rarely af-
fecting the vital structures of State
Government. Mr.. McPherson's "hand-
book of American Politics." shortly to
be issued, gives, as usual, compre-
hensive summary of State amend
Dents pending and adopted during the
past two years as well as Federal
amendments before Congress.
Experience has shown that nothing
short of a civil war or great national
exigency is likely to work all amend
ment in the fundamental law of the
Union, but this circumstance has
little effect upon Congressman who
yearly add to the long series of forgot
ten amendments which, begun with
the first session of the first Congress,
have continued ever since, and re-
main chiefly valuable for the light
they throw on current political the
cries. 1t is barely possible that the
House will next winter pass the Senate
law regulating the counting of the elec
toral vote. More is not to be expected, =,
and the amendments before Congress,
by Mr.. Hammond, of Georgia, pro-
posing three vice-presidents so as to
provide secure succession, by Mr..
Townsend, Of Ohio, for a direct elec-
tion by the people, by Mr.. Cravens, of
Arkansas, and Mr.. Beltzhoover, of
Pennsylvania, for an exact arithmeti- =
cal appointment of the electoral vote
by population, and by Mr.. McCoid, of
Iowa, continuing the tenure of presi-
Dental electors four years so as to have
. body ready to fill vacancies, are as
little likely of adoption as Mr.. Wal
lace's proposal in the last Congress to
shoose electors by districts, or Senator
Aorgan's formal attempt to clothe
Congress with Legislative power on
this subject. Mr.. Bayne, of this State,
like Mr.. White in the last Congress,
proposed to have Senators elected by
the people; the former with proviso
for additional Senators for the larger
States, and Mr.. Belzhoover seeks to
incorporate in the House the worst
feature of Senatorial tenure, a six.year
term in biennial sections, while Mr..
Browne, of Indiana, asks for House
limited to $50 members. The Civil
Reform agitation has led TO amend
ments by Mr.. Pendleton for the elec-
tion Of all Federal civil officers by the
people in each district, and by Senator
George, of Mississippi, of these and
the Federal judiciary while Mr.. Ged-
des, of Ohio, proposes board to make
all nominations to the Senate, and Mr..
Buckner, Of Missouri, seeks to limit
the Presidents power of removal to
changes for cause, except in the case
Of heads Of departments and bureaus
ProhibitOry amendments have been
presented by Senators Rollings, Plumb
and Representative Joyce, a measure
whose adoption will, unless all signs
fail, be the subject of national agita-
tion in q few years over unfortunately
she only other sane amendment in
this entire batch. Mr.. Springer, of
Illinois, relegating claims to the court,
has as little chance of adoption as the
rest, having been defeated, yeas 81
nays 4S.
State amendme nts in the past two
years have dealt chiefly with the judi
eiary and election laws. Missouri sub
mits to the people next fall an elabor-
ate and somewhat novel judicial
system, which, while it continues the
curious independent judiciary enjoyed
by st. Louis, provides for the rest o
the rate supreme court of six, in
stead of three as now, to be divided
into civil and criminal branches, the
former having superior jurisdiction
and the united court sitting in banC
whenever the Chief Justice certifies
that the criminal side has ruled in
law or practice contrary to the past
cases or the decisions of the civil side.
An attempt is made todivide peremp-
tory writs of relief between the two
courts, but experience will show the
difficulty of these artificial distinc-
tions in the application of law. The
new supreme court in banc is to hear
appeal from st. Louis Courts of APP
peals, as from the criminal half of its
own bench, SO that Missouri will cease,
If this amendment is adopted, to- pre-
sent the anomalous spectacle of a
State with two Supreme Courts.
Arkansas, IN. 1880, and Texas, In 1881,