The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1892-08-20
THE UNWRITTEN, AS WELL
THE WRITTEN.
An Essay Read by II Arthur Stump Esq,
Before the Cecil Farmers Club
August IN 1902

United States. The writer's observation
has convinced him that the members ain
is not confined to the consideration of tn,
way to best make his land blossom like
the -ose;" that he keeps in sight the fact
| that he is one of the NUN Der going to make
up the County, State and Nation in which
be dwells; that he looks for prosperity in 6
well ordered farm and a we'll regulated
government. Why improve his methods
to increase his yield if all is to be heaped in
| the. lap of the tax gatherer? Why labor
| for the recovery of his lame horse, if the
reckless are to wrench at will the limbs OF
society? Hence at our meetings we hear
of the golden grain and the silver bill; the
tares and the tariff; the farmers crops and
the Farmers Alliance; the improvement OF
the farm and the condition of the public
highways the clover blossom and the politi
cal pink.
This goes to show the life and influence
of the unwritten as well as the written, for
Article one of the constitution reads. "Ths
Association shall be called the Cecil Farm.
ers' Club; AMI it's object shall be to increase
knowledge and impart success in farming,
fruit raising and gardening" The written
constitution fails in any part to enlarge or
add to the scope of article one. A little
reflection shows that as resultant of all
the forces at play in the Club, an uuwritten
constitution has been brought into exis-
tence, That the unwritten in various ways
ha a,,l h.. a.
is equally as binding as the latter.
Dinner for the Club is not provided for
or attended to in its written constitution,
and the member at whose house the meet.
ing takes place, would not violate its provi-
sions in furnishing none. Who would be
courageous enough to make the experiment?
Who would be extreme enough to thus en-
danger the vital organism of the Club?
Such strict constructionlst would affect
the vision of the thorough inspection of
the premises, stock, etc. Committee" and
probably, and justly too, elicit an unfavor.
able report; in addition to which might be
added a sermon or two, and rebuke from
the associated press.
LIZ ~ OuGSluc VI OuE SluU 10 you
further of how we are assisted and govern
ment by the unwritten as we'll as the writ
ten, We may most profitably glance at our
federal MISUNDERSTANDING at it with
reference to our subject the most noticeable
thing in connection with it is, that since its
formation by the convention of 1887, no
constitutional convention has ever assem-
bled to even consider its revision. This in
spite of the fact that from time to time dur
ing century, serious questions have arisen
and agitated the whole Country, includin
some that war alone settled-Notwith
standing all this, the work of 1887 has
never been sent to the shop of national
convention to be overhauled, and probably
government suits the temperament of the
American people.
The run or of national constitutional
convention would probably trouble any
intelligent map in theUnited States, regard
less of the political quarter it hailed from.
Outside of the reasons why in century
no national constitutional convention has
teen convened, the citizen of the State in
his other capacity as citizen of the United
States has become imbued with the I'M
written law against such conventions
This feeling is in strong contrast with his
thought of the periodical suggestions for,
and the frequent holding of State constitu-
tional conventions.
From the standpoint OF the written con-
stitutiou of the United Sta,se. .sas our
president takes the reins of office, no = -
stands in the way of his succeeding hims
as often as fortune SMILES upon him; yev,
what man has done so more than once?
Even the popularity of General Grant, as
great as il was, failed in two atyem pts to
change this part Of our unwritten cnnstitu-
ton. Can any one p int out any portion
OF the written which is more binding than
the last mentioned part of the unwritten?
And so il shall continue to be unless some
unforeseen or unexpected causes change
radically public opinion on this subject.
Does any man consider it within the range
of proba bility that either Cleveland or
Harrison will be inaugurated more than
once more as President of the United
States. The unwritten, as well as the
written, is seen again In our manner of
choosing president and vice president.
Obedience to the written law, at least for
NAL, is required until the power which
III AIDE 1t has repealed it.
Under the written it is the duty of our
presidential electors to meet and exercise
their presumed superior wisdom in the
selection of the two best men throughout
the length and breadth of this great land,
to fill respectively the offices of President
and Vice President. Today the majority of
the electors chosen are but the hand of the
successful political party to record its
wishes in the choice of the country's rulers.
The citizen who today allows his party to
put his name on its electoral ticket, must
first have decided. that the nominees of his
party for President and Vice President are
the best of all his fellow countrymen for
those offices, if he wishes to vote his convic
tions as such elector. When once the fellow
citizens of his own party have buckled on
him at the polls the written constitutional
armor, he must take up the march and look
neither to the right nor to the left, but this
year keep his eye steadily ahead upon the
man from Buzzards' BY or the man from
Loon Lake. and this, if ne were moving
bet ween long lines of Washingtons, Jack
sons and Lincolns To nod to one of these
would be followed by treatment as sum
mary as that of the Pittsburgh private at
Homestead.
Section 10 of article l, of the constitution
provides III substance that no State shall
pass any law impairing the obligation of a
contract. Well, more than fair life time
ago, the Supreme Court of theU nited States
had occasion under the lead of Chief Justice
Marshall, to construe this clause in passing
upon the familiar Dartmouth College case.
The Legislature of New Hampshire attemp.
ted to change the composition of the Board
of Trustees by an amendment of its charter,
and the court as you will remember, held
that the charter OF a private corporation was
a contract which could not be impaired or
altered by subsequent legislation, unless
the power of amendment was eserved,
and that the attempt to virtually create
new corporation, and give to it the control
of the college and its property, violated the
obligation of a contract and was void
under the given clause of the constitution
of the United States. We have from the
court in delivering its opinion, that when
the application wassm ade for the charter,
it was represented that large contributions
would be made as soon as the corporation
was created as asked. That when so
created, the property was on the faith of
the charter conveyed and that in this
transaction every ingredient of complete
and legitimate contract could be found.
This gives US what was at that day the
constitutional law or rule. The given
written clause of the constitution is the
same now as then, but what is the consti-
tutional rule of to day under it? What is
the unwritten? Late scientific and indus
trial growths increased and enlarged cor
porations of various kinds to such an
extent, that many people feared they would
so strengthen eventually, as to control our
government itself, and even now those who
entertain such fears are not wanting. The
result of this public unrest and pressure has
been, to cause Congress and the Legislatures
of various states to legislate, for instance
against railway corporations already hold
ing charters, as much contracts with the
state as that of Dartmouth College, in
manner causing an increase of expenditure
and decrease of earnings. This legislation
has been upheld by the Supreme Court of
the United States on the ground, that u