The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-01-01
one Dinaculty In the Way OF Its Success
Twelfth Amendment to the Con
%st!tution.

English speaking people because the Brit
ish constitution Sss suoh5 has mover been 70
dncsdto the form OF acharter or code. Yet
the theory although old is in reality only
superncially true. Constitutional develop
ment under a written constitution, wholly
apart from the regularly provided method
Of amendment; is o. possible q 90 TAR
reaching as the growth of an entire system
of law from the Interpretation of q single
act of parliament like the statute OF frauds
or the statute of Limitations.
The written constitution IL developed by
interpretation and By facts Just like the un-
written constitution. The only difference
10 that the former developers within certain
specified forms while the other is wholly
unrastrained except by habits and customs.
The result is much the SAME in other case.
In the hands Of tbs English speaking pso-
ple with their genius for government and
their distruss of ready-made systems any
constitution whether il be . written charter
OF. an uncodifsd body Of laws and customs
10 sure to be developed and adapted in the
process Of time to fit the changing condi-
tons d well az the growth and needs Of the
people.
This fact is we'll illustrated by the history
ofths constitution of the United States.
II has been the chief merit at that great in
strument that it has proved itself capable
OF developments while ut the same time it
has held fast the fundamental principles
on vhicht it was based. Direct amendment
Of the constitution by its own machinery is
now almost Impossible. n YET. while it
ever retains its vast and invaluable conserv-
alive influence, its wholesome development
is always in progress. II has expanded
hero ana restrained there and thus far, as a
whole, has worked admirably and fulfilled
it, purposes with a success little dreamed
Of At tho outset. Indeed. If the trainers OF
the constitution could M their work
to-day they would probably be amazed at
the manner in which il has met tho needs
Of 4 great peopleby slowly broadening from
precedent to precedent under the interpre-
tations of courts and gradually conform
ing. without distortion. to the logic of
facts, .sga
n some directions the constitution has
developed, in others it has renamed un-
ohanued while in others still it has ceased
to b practically operative because although
the form remained, the substance has been
found to be unfit for existing conditions.
It 10 of a provision of the last class, one of
those clauses much valued BY the trainers.
but long since abandoned except IN name,
that I wish to speak here.
The two 9, eat opposing forces in the con-
yention Of 1887 were the national on the
one side n the separatist or state-rlghts
on the other. The compromises between
these two forces in the main formed the
constitution. But there were also other
ton which did not run at all on the same
lines as the national and separatist
theories, but which had, neverthe-
less, a profound influence upon the
final result. One of these was the deer-
seated jealousy of executive powsr The
resented England. Hence executive and
outside power had become equivalent in the
American mind and consequently were sub
iects of suspicion and dlstrust and appeared
10 demand careful limitation. Another
strong sentiment in the convention spring.
ing from the natural conversation OF the
race was against unchecked action any
where. The new government was to be a
republic and a democracy. 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 to be supreme.
but it was to be expressed in such a way
a. to secure elaboration and calm judg-
ment 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
aud vice president. The best method of
making this choice was the subject of long
and a1ious discussion. Practically every
body was against referring the choice or
the chief magistrate to a direct vote of the
people. Only one state, in fact, voted for
it. On the other hand, every state voted
that the president should be elected by
congress-. which Coy. Morris opposed with
fsr-seeing wisdom Is opening the road to
intrigue, corruption and cabal. This plan
was finally adopted, however, and went to
the committee OF detail.
Still it was not quite satisfactory, and for
it was substituted tho plan of electoral COL
leges, usually attributed to Hamilton,
which was adopted by the convention and
ratified afterward by the states. This new
plan of electors was certainly ingenious
and it also solved the difficulties of the
convention. 1t did away with the direct
popular vote and avoided at the same time
the evils of q choice by congress-. The cleo.
tors were to be chosen in each state in num-
bors equal to the representatives. and soma
tors of the state in congress-. On a given
day all the electors chosen in all the states
were to meet in college in each state and
vote for president and vice. president. The
person having the highest number Of votes
was to be president and tho person having
the next highest was to be vioe-president.
The theory was that the electors would be
the ablsst and best men in each state, that
they would msst in their several colleges
and then, after due deliberation and dis
c~ussion, removed as they were from the
heats of popular and party conflict, would
choose the first oitizsn of the TO-
public to be its president. In theory
the scheme was a beautiful and per
feet one. There was only one difficulty
about il. It would not work. Political
parties aimed at the presidency and human
nature is SO constituted that men could not
cease to be partisans because they were
chosen presidential electors. AT tho first
election Washington was made president
by the general wish of the people. The
electors simply registered the public will.
They exercised their own preference in re-
gard to vica-presidsnt and chose John
Adams. At the next election the electors
again registered the popular will by voting
for Washington as president but in regard
to vice-presidsnt the failure OF the cleo
tora! system even at that early day was ap-
parent. Party lines were drawn, imper-
fectly but still distinctly. The federalist
electors voted for Adams and the anti
fsderalists for Clinton. The power of
choice had practically gone from the elee-
tors even then.
The equal vote for Jefferson and Barr in
1900. and this struggle threatening OWL
war which followed. led to an amendment
doing away with the provision giving the
presidency to the person having the high
est number of electoral votes, and the vice.
presidency to tho person having the next