Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-01-03

edlv came from the time when men were
largely governed by unwritten customs, and
thus came to look upon laws cut upon
stone or traced upon parchment as possess
ing a quality of permanency unknown be-
fore
This ancient theory as to the fixed char
acter Of written constitutions has had a fresh
lease Of life IN modern times and among
English-speaking people because the Brit
ish Constitution as such has never been re-
duced to the form of charter or code. Yet
the theory, although old, is in reality only
superhcially true. Constitutional develop
ment under written constitution, wholly
apart from the regularly provided method
o. amendment, is as possible and as far
reaching as the growth of an entire system
II law from the Interpretation of a single
act Of Parliament like the statute of frauds
OF the statute of limitations.
written and Unwritten Constitutions.
The written constitution is developed by
:l;erpretation and by facts just like the un-
,--itten constitution. The only difference
s that the former develops within certain
specified forms while the other is wholly
Inrestrained except by habits and customs.
The result is much the same in either case.
In the hands of the English speaking peo-
PIE vi IN their genius for government and
their distrust Of ready-made systems any
constitution, whether it be written char
ter o. an uacodified body of laws and Gus
toms. Is sure to be developed and adapted in
the process OF time to fit the changing con-
ditions as well as the growth and the needs
Of Tha neople.
This fact is well illustrated bv the history
OF Jhe Constitution of the United States.
L has been the chief merit of that great
instrument that it has proved itself capable
OF development while at the same time it
has held fast the Fundamental principles
on which it was based. Direct amendment
Of the Constitution by its own machinery is
now almost impossible, and yet while it
ever retains its vast and invaluable conserv-
aUive influence its wholesome DEVELOPMENT
IS always in progress.
Ours Would Surprise Its Trainers.
It has expanded here and drestrained there,
and thus far, as 4 whole, has worked admir-
ably and fulfilled its purpose with a success
little dreamed of at the outset Indeed, if
the trainers of the Constitution could ex-
anime their work to-day, they would proba-
bly, be amazed at the manner in which it has
met the needs of a great people, by slowly
broadening from precedent to precedent un-
der the interpretations of courts and grad
ual.y conforming without distortion to the
logic Of facts.
In some directions the constitution has
developed, in others it has remained un-
changed; while in others still it has ceased
10 De practically operative because although
the form remained, the substance has been
found TO be unfit for existing conditions 1t
Is of provision of the last class, one of
those clauses much valued by the trainers,
but long since abandoned except in name,
thar [ wish to speak here.
The two great opposing forces in the con-
voT,Ion of lIS1 were the National on the
ore side and the Separatist or State-rights
CT the other The compromises between
the TWO forces in the main formed the con-
s-i.ution But there were also other strong
currents Of opinion in the convention which
uT4 not run at all on the same lines as the
National and Separatist theories, but which
had. nevertheless, 8 profound influence up
on the final result
jealousy of Executive Power.
One Of these was the deep seated jealousy
cf executive power. The executive power
IN AT The colonies had represented England.
Hence executive and outside power had be-
come equivalent in the American mind and
were subjects of suspicion
and distrGst and appeared to demand care
rul Limitation. Another strong sentiment
In the convention springing from the nat
U--l conservatism OF the race was against
unchecked action anywhere. The new Gov
crIncnt was to be Republic and democ-
r"C-, but the trainers felt that the ruling
theory Of checks and balances ought to be
applied TO the source of all power as in
every other direction. The will of the
people was 10 be supreme, but it was to be
IN such way as to secure delib-
Grafton and calm judgment and TO avoid all
risks OF rash or hasty decisions
This was the controlling idea of the plan /.
finally adopted for the choice of President
ana Vice President. The best method of
making this choice was the subject of long
and anxious discussion. Practically everv-
body was against referring the choice of the |
chief magistrate TO a direct vote of the peo-
ple. Only one State in fact, voted for il.
On the other hand every State voted that
the President should be elected bv Con- |
gresS, which Governor Morris opposed with |
Ia--seeiE- wisdom as opening the road 10 /
intrigue, corruption and cabaL This plan |
was finally adopted, however, and went to
the committee Of uetaiL
They Found the Happy Mode.
Still it was rot quite satisfactory, and for
it was substituted the plan of electoral col |
leEes, usually attributed to Hamilton, which |
was adopted by the convention and ratified |
sfterwGrd Uy the States. This new plan of |
electors was certainly ingenious and it
also solved the difficulties of the conren |
ion. Il did away with the direct popular
vote an! avoided at the same time the evils |
d d choice by Congress.
The electors were TO be chosen in each
State in numbers equal to the Representa-
ives and Senators Of the State in Congress.
On a given day all the electors chosen in
III the States were to meet in college in
,aoh State and vote for President and Vice
President. The person having the highest
lumber of votes in all the electoral COLLEGES
b: al rhc States was 10 be President and the
,erson having the next highest was to be
Vice President
The theory was that the electors would be
he ablest and best men in each State. that
apz. would meet in their several COLLEGES
nd then. after due deli5eration and dis
ussion, removed as they were from the
eats o. popular and party conflict. would
hoaSe the first citizen of the Republic to be
s President.
ncautifuI in Theory but Impracticsble.
In the theory the scheme was a beautiful
nd perfsct cne There was ONLY one diff
gltv about it. 1t would not work. Poll
cal parties aimed at the Presidency and
unan nature is so constituted that men
lid not cease to be partisans because they