Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-03-28

Nhiuiu SuulsbuTy dNuTeSSeu lUTBc
audience in BruTnson Library Hall, Mon
day niggt, on the subject, Our Approach.
, Ing Constitutional Convention" The ad.
dress was interesting throughout and
demonstrated the fact that the speaker
was we'll acquainted with his subject and
that he had gwen it careful consideration.
The talk was of a bipartisan nature and
was appreciated alike by all the eloquent
speakers listeners who frequently up
plauded. There was also q good musical
programme during the evening.
After expressing his thanks for the inyi-
tation to address the association, Mr..
salisbury spoke Of the origin of govern
ments and how successfully the residents
OF the thirteen American colonies had car
ried out their intention of ruling them
selves. He spoke of the foresight which
the trainers of the Constitution had shown
in preparing that great document and how
the States had followed the example and
provided themselves with similar consti-
buttons, Delaware, Of course, being among
the number.
He told how the original Constitution of
Delaware was amended first in 1902 and
again in 1881, when the one under which
We. now live was framed by 30 delegates,
10 from each county.
SONG Of the delegates were spoken Of
and their exemplary lives given brief con-
sideration. Among the names mentioned
by MIR. salisbury were Judge Willard
Hall, George Read, Jr. James Rodgers, ex-
Secretary of State John NJ. Clayton aud
others. The speaker pictured the conveu-
ton Of 1881 and quoted the words Of some
of the delegates, who gave their reasons
why changes were necessary. During the
debate Mr.. Read is quoted as saying "'liie
old judiciary was admitted to. be beached
high and dry and dropping to pieces"
I'VE would surely now Mr. salisbury
said, almost be repeating these words did
not the extraordinary and untiring energy
and vigor of our present Chief Justice
give Our present judicial system u greater
appearance of virility and efficacy than
ordinarily it could attain.
"Great Tear was expressed, honestly and
ably expressed the speaker continued.
that 1t the Legislature should be limited
to biennial sessions, the rights OF the
people would be endangered. In view of
our experience i'll recent years. doubt III
any one would now have the hardihood TO
seriously propose that we should so back
to annual sessions, indeed, were it not for
for the necessity of electng United States
Senators, and that sometimes seems to be
impossible to be accomplished, / imagine
many might rise up to advocate less FREE
guent sessions of Legislative Assemblies,
than each two years. Our recent Congress
aud Our present Legislature are mighty
advocates for fever sessions of Legislative
bodies, Many governmental details were
most satisfactorily settled by the conven-
ton OF 1881, as they will doubtless be by
the next convention.
Annual elections of members Of the
Legislature and annual sessions were done
away with; the Governor instead of being
elected every three years, was thereafter
to be chosen for four years, and the pro
visions for two ,sheriffs and two coroners
in each county was done away with, and
those Of us who know the mighty struggles
we now have III selecting and choosing one
OF each, do not wonder that two had
kicked up enough trouble to render them
selves unbearable,
Though we may find fault with our
present constitution, no one doubts il was
better than the one which preceded, and
few would venture TO claim a higher
probity or greater wisdom for The constitu.
tion OF 81, or for its individual members.
than for that of 1872. the work OF which it
supplanted and displaced.
"Conclnding tho labors of the conven.
ton Of 1881, Clayton, the great Wing
leader, boldly proclaimed that constitll-
tional work in Delaware had been COM
pletcd. He had locked the door and
thrown away the key. and for 20 years
that door was not even pushed ajar, bur in
1851 the Legislature, reciting that the sub.
ject Of constitutional change, had excited
the citizens of the State for several years,
provided for taking u vote Oh the subject
at a special election TO be held in Novem-
Der OF that year, and majority of votes
cast mt that election being in favor of a
constitution, through both the voting for
and the calling'of the convention WAS not
the expressly regular proceeding pre-
scrbed by the constitution. tho Legisla.
ture in 1852 provided for the election OF
delegates and the assembling of such con,
ventlon i'll the following December, and
expressly stated The opinion of the Legis,
lature to be that such constitution as
should be proposed should be submitted tC
the voters of the state for ratification.
Thus the lock was picked and the door was
pushed open. 1t had to be. The key haC
not been found. the delegates, as provided
by the act, were elected by hundreds anC
not by counties as our constitutions
sticklers claim they should be, and thes,
delegates assembled in convention in De
cember, adjourning without action unit
the 10Th of March, 1858.
THAT convention, though it sat for les
than Two months, was most prolific in de
bates and contentious. The leading mel
may be readily discGrned. indeed by SOM
are now we'll remembered. From thi
county. New Castle sent Andrew G.. Gray
the father of our present Senator, who /,
the outset raised the question of the lie
gality of the convention as constituted
and when the convention led by the lat
Governor Biggs and James A. Bayard, hi
colleagues from this county, and tn
Hon. Martin w. Bates the then Demo
cratic leader in Kent County, decided /
proceed to revise and amend the constitr
tion, he, Mr.. Gray, with two colleague:
Latimer and Wilson, retired from the cor
vention and Mr.. Bayard, thereafter PAL
ticipated only Il few days, nine think, j
its deliberations. The labors of that cot
vention, as We all know, proved fruitles.
but study and consideration OF its debate
and proceedings will we'll repay one ia
the time consumed"
The speaker went on and told of til
different subjects which were considered
how bribery had been treated and what
generally good lesson can be learned frol
a close study of the debates.
Speaking of some desirable changes i
the Judiciary laws MIR. salisbury said
1.-THE present incumbents of judicial ottit
have rights which must not be tlisregarde
they have claims to the high considerable
of the people of the State, which must
carefully weighed, considered and adjustt
and no rough iconoelast must hope To u
root and destroy our time honoreu judiGi
Hrstem and traditions without fear
fnyor. Personal consideration for Il
niembers of our judiciary will not al
n saould not be out of place even i'll Il co
stltunonal convention, for have not the
men agreed 10 devote themselves witho
lear, favor or affection to expounding al
administering our laws Have they nt
practically, OH ascending the bench, sh
WA themselves off from the ordinary avoc
tioils and ambitious contentious of activ
pushing stirring men?
liY Life tenures may be, probably in vie
of common ideas and more modern te
aences, will be abolished. but not witho
fiiA lue care for our bench as now constitute
Corrupt practices at elections will sure
be stamped ont, it that can be done
Constitutional means. Legislatures W
probably be curbed shy the veto power