The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1894-12-12

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time ages before our own we realize that
these dead and buried forms of .ife ex-
tnct fora and fauna OF the remote past
even II they could be resuscitated are not
fitted for this era. Even II they could i've
under present conditions they would add
neither value nor utility TO the natural re-
sources Of our world. Their further ap-
pearance would be a mere tax and burden
upon the forces Of life now extant. So
those fossil sections Of our organic law
touching the migration or importation Of
certain persons; touching the delivery Of
persons held 70 service or labor by the laws
Of the states; touching the choice of sena-
-ors Of the states by the legislatures there
Cf-are seen at a g-ance TO be-ong 70 and
10 inhere in conditions long since over
passed, To be- useless in and alien to the
free and larger requirements of today and
a. the morrow of our future.
Extension of the franchise.
The election Of senators by the legisla-
ture was ordained when the people had lit
t.s or no power in the states-governors,
judges, administrative officers, both local
and general, were al appointed. Popular
elections only availed for two purposes,
one OF choosing the legislatures, which
chose everything else, the other of electing
members Of ths house Of representatives
IN congrss. Since those days there has
been very large extension Of the fran
chise. and a still larger extension Of the
use and application Of the franchise.
Officers. executive and judicial, OF the
longest terms and Of the highest powers and
Of the very gravest responsibilities, have
been since elected by popular ballot: the
appointing power has fallen into general
disuse. except TO ill temporary vacancies
That feature Of British polity which makes
the lord chancellor the presiding officer in
the upper house Of parliament, thus impos-
ing upon the same man double duties Of
the most ODerOus character, has been Justly
and severely criticised But It would be
extremely difficult in our time to give a
valid reason for imposing upon the legisla-
ture Of a state necessarily charged with the
duty Of devising ways and means for the
support Of the state government and with
the lawmalxing power OF the people thereof
the additional duty Of choosing senator's
There is not the slightest natural connection
between these two duties. Indeed they are
often disc0rdant and inconsistent with each
other. Often have we seen IN our past his
tory, and in recent times we have especially
noted legislatures. TO the neglect-the total
neglect-Of their functions, as lawgivers
wholly unmindful OF the particular and
pressing interests Of the state. spend the
whole term Of their session in the attempt
to choose senators. and yet fail in the en-
deavOr This wantOn waste and dissipation
OF legislative functions ought 10 be pre-
vented ought TO be altogether forbidden.
And Wnen we recall the QdISQ Criminal
tons and recriminations. the gross charges
OF pecuniary corruption and Of fraudulent
combination or intrigue. disgraceful and dis
honorable TO the whole body. with which
prolonged senatorial contest is accompanied
whether in party conference or in the open
assembly. the removal Of such a prOcreant
evil should be deemed a prime political ne
cessity Even IL such things had occurred
but once in our history their repetition
ought 10 be made impossible. All just meC
Ill Ill l.
islatures. the whole people Of the states
would rejoice in being released from condi-
tons so fraught with peril and disaster.
Advantages of the New Method.
cit may be said. indeed. that the new
method Of choosing senator's, proposed in
the amendment, would remit that function
in some degree TO conventions instead Of
legislative conferences. That is true, but
conventions could only make nomination.
tentative, experimental. They would be
paced under bond to make the best selec-
ti0ns The person nominated would have
10 pass the ordeal of every ballot in the
mass Of voters in his state. The political
dominance Of q party would be in such
case ~ guaranty OF Al election, unless the
candidate were otherwise worthy of sup
port. Nothing Is more common even IN
states II the most stable partisan charac-
ter. such as Pennsylvania, Massachusetts
or Ohio. than the defeat Of a candidate for
governor or Judge or other high position.
although he may have obtained the nom
nation of the dominant party. The direct
vote Of the people operates to destroy the
action Of party, either D. account Of the
unworthiness OF the candidate as a person
or the unsatisfactory manner OF his nom
ination. On the other hand, The nomina-
tion for senator made by legislative eau
Gus or conference Is usually a finality. II
is not subject 10 revision or review, 10 ap-
prOval or rejection by the people OF the
state. The diffusion Of the elective power
and function must inevitably tend 10
purity, probity and Integrity In It's exercise.
Burke said he knew not how 10 indict
who-e people, there IS the same impossible
ity IN the proposition TO purchase the
electors Of a state
1T Is said that the present mode Of
senatorial elections was adopted by the
trainers OF this government upon full con-
sideratiOn and after the most careful de-
liberatl n as 20 the different ways in which
the choice might be made. This is doubt
less true. They adopted that method Of
election best suited 10 their age and gener-
alton, TO their condition and surroundings.
With equal care and deliberatiOn they pro-
vided that this method might be changed,
and provided the manner Of changing il.
Indeed, they left the whole subject Of SEN
atOrial representation open to future
amendment, except the ratio, concerning
be deprived OF its equal suffrage in The
senate. Ths makes il very manifest that
the trainers II the constitution did not re-
gard changes In the moqe Of election Of
senators AS i'm themselves evil They pro-
Vided expressly for such changes: they ex-
pected. they anticipated these: but they
for that reason, secured the ratio Of rep
resentati0n here by a perpetual limitation
They did not make the same limitation or
any limitation upon the mode Of choosing
senators.
Respects TO HOar.
THE honorable ana learned senior SEN
ator from Massachusetts CNIr. Hoar). in
discussing this subject in the senate. took
the position that the election of United
states senators by the people would be the
submitting Of the choice OF them to the
brute force of numbers. applying that
phrase as descriptive OF a result reached
by the count OF a majority of the votes
cast. 1 cOncede that tho will OF the ma
1ority, sgnifed by ballot, is a force, a
very efficient force, but IL is not brute
force; for the very origin Of the whole sys-
tenn Of voting as applied to government
whether we consult that which is written
OF the ancients or the tradition orally
handed down 10 us-was In this way
When for a long time the people OF a GER
tain country had been harassed and deci-
mated by the internecine strifes OF fac
tons concerning the supremacy Of per
OF peace or truce-they concluded that as
the brute or main force OF the greater
number nearly always prevailed In such
ffrarr ff.a-. fFae- 1t