Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-11-26
CONSTITUTION MAKING.
Howard d. Ross.

inouipoTs VI SonetiEutional COnven-
tion to frame new State Constitu-
tion. Tho present Constitution of 1881
because OF the innumerable obstacles
in the way Of it's amendment was con-
sidored almost perpetual. DIR. John
M. Clayton, one of the signers and
most instrumental in the framing of
the present Constitution, is credited
with having said, that 'on completion
OF the work the convention locked the
dooron the instrument and threw away
the keys" With the advance Of prog
ress and civilization in due course OF
time the Constitution of 1881 has be-
come quite unsuited to the present
conditions of our society. The people
OF Delaware look to the new Constitu-
tional Convention soon TO he assembled
to frame an instrument in the same
patriotic spirit OF their forefathers,
that will stand above party and preiu-
dice adapted to the present environ
ment of our society and the wants and
conditions Of the whole people of Della
ware and her institutions. This i'm
portance Ut the work before tine con-
veniion cannot well be overestimated
dealing as IL does with the very foun,
dation of all social order and institu-
ton.
1t is customary for the people
who are the true representatives of
sovereignty to enumerate in the pre-
ap,ble of their State Constitution their
essential rights in the form of DecIa-
ration or Bill OF Rights. The funda-
mental idea OF government. that "po-
litical power is derived from the people
with the right to alter their Constitu-
tion of government" is therein set
forth, as in the case of our present
Constitution. The rights and powers
of the people which they have reserved
out Of the general powers delegated TO
the several departments of government
are declared, assuring to all mon re.
ligiols liberty, freedom of Gpeech and
of the press, freedom of elections. the
right Of petition. trial by jury, free
administration OF Justice in open court
by due process of law, the right of
halieae corpus, the right of defence in
criminal prosecutions, and the bail of
prisoners granted. Restrictions are
imposed against unreasonable searches
and arrests, and the quartering of troops
prohibited In times OF peace. The mill
tary power is subordinated to the civil
power, excessive bail or fines and cruel
punishments are forbidden, oyer and
terminer denied, attainder limited,
titles prohibited, and offices limited
to good behavior. Suits are granted
against the State according to due
process OF law.
The delegation of sovereign powers
are granted the several departments of
government which are usually divided
into the Legislative, executive, and the
judicial, and in the later State Con-
stitutions Is added an administrative
department.
The legislative power is at present
vested in Senate and House of Repre-
sentativeH. State Senators are elected.
three from each county. for term of
four years. State Representatives are
chosen, seven from each county, for a
term of two years. One of the most
important changes, il not the most i'm
portant change, needed in the new
Constitution is to give to New Castle
county a propoftionate representation
In the lower body of the State Legisla-
ture according TO an superintendent of
her share of the States population.
Under the present arrangement Kent
and Sussex counties with, a population
of 30, 664 and IS, CAT respectively are
entitled to the same number of repre-
sentatives as New Castle county with
population of 81, 1872 according to the
last census (lS90). The recapituation
or poll according to the late Presi-
Dental election (lS96) shows the vote
by counties to be: Kent, G, BAL; Sussex,
1852, and New Castle, %, 9S7. A
change in the basis of representation
ia absolutely necessary to guarantee a
government according to the true spirit
Of our forefathers, 'tof the people, by
the people and for the people. -
The present franchise OF our State is
based on manhood suffrage, the re-
quirements to vote being age, residence
tregistrationi, and taxation, (assess-
ment and poll or property taxi. The
State Constitution should guarantee
registration and election laws that pro-
vide for fair election and honest
count, based on manhood suffrage. Our
present election law is blind to the
many intrigues of political machinery.
The political parties play foot ball with
the will of our people while our Satanic
Majesty keeps the score. The fault
rests in the election law itself being
ignorant of the axioms of common
honesty or openly Indifferent to them.
Gen. Grant once said that "the best
way to get rid of q had law is to en-
force it," Guarantee one man one
vote, and that clothed with purity.
And let these words of Whittier be
true:
The ballot though it fall as still
As snow upon the frozen sod
Yet executes a freeman's will,
As lightning does the will of God.
The executive power OF the State is
vested in Governor elected by the
people for four years.
The judicial power is vested in a
! judiciary tho courts with their re-
spective jurisdictions, powers and
duties. being defined by the General
Assembly. The tenure Of Office of the
! judges is thus defined and their salaries
fixed by law. 1t has been deemed quito
| necessary to keep the judiciary in
| dependent Of all other departments of
| government TO guarantee the highest adj
ministration OF justice. This independ-
enco OF the judiciary may be accom-
| plished. First by popular election
for short or long terms or for good be-
havior: second, by executive appoint
ment; third. by legislative appoint
ment, mr. fourth. by executive appoint
ment by and with the consent of the
House of Representatives, or of the
Senate, for short or long terms, or for
good behavior. The longer the term
of Office the more the inducement is
for judge to accept the position. Ii
is quito as essential to keep our
honored judiciary above the plane OF
l atttV