The Caucasian. (Clinton, N.C.) 188?-1913, 1897-08-05

the state legislatures and they were
stiii 30 chosen by south Carolina till
aiter the late war. Even since the
choice OF electors was committed to
the people, by State actions the cousti.
tutional provision still gives the elec-
tors the absolute right TO vote IRE.
spective OF the will Of their coustitu.
ents and that electors have Ordinarily
tthough not always) obeyed the viii
OF those voting for them 10 4 tribute 60
the force Of public opinion which in
TINS respect has been more powerful
than the constitution, and without FOR
mai amendment has reversed the
mode OF election prescribed and con-
templated by that instrument.
The Senate is still not elective by
the people. In many States the peo-
pie have attempted to apply to
THE ELECTION OF U. 9. SENATORS
the same method which has captured
the choice Of the executive by making
the members of the legislature auoad
noe electors. pledged like presidential
electors to vote for q nominee named
oy a popular convention. But the
plan has not always worked satisfac-
toriIy and has been tried in only some,
not all, the States. A constitutional
amendment to elect the senators of
each State by the votes of its people in
stead OF its legislature has more than
once passed the lower House of Con-
gress and once at least by a unani-
nous vote, but the Senate itself has
always defeated this measure to give
the people more power in their gov
ernmeDt.
In this day, when we have so many
startling instances of the power of
vast corporations in determining the
choice OF senators, and the scandal and
State legislatures taken up with the
selection of a senator-a duty which
the people could discharge more satis-
fact0rily and without any expense, by
electing the senator on the same day
members of Congress are chOsen-it is
more than ever imperative that the
constitution should be revised and
made Democratic in the mode of
choosing the senators.
Not only did the constitution bar
the people from voice in the election
| of senators and president, but as fur
| ther check it placed in the hands of
| the executive the veto power upon any
| action of the representatives chosen
by the people to the lower House if by
any chance that will should also be
voiced by the Senate. The veto power
has not been exercised by the mon
archy or ministry in England for
| NEARLY TWO CENTURIES.
It certainly has no proper place in a
Republic in which the will of the peo-
pie duly expressed, in an orderly and
proper manner, by their chosen repre-
sentatives shOu'd be the law of the
land till changed in the same mode.
| The veto is an anachrOnism and is in
fact a survival from times when the
peoples representatives could not leg
islate without the assent of the mon
arch expressly given to each act
GOldwin Smith, in his Political His
tory of the United States, correctly
describes our president as being ian
elective king" with powers very far
surprising those of the English and
equalled by very few autocrats.
But by far the most dangerous, the
most undemOcratic and unrepublican
feature of the constitution, and the
one most subject to abuse is the mode
of selecting the Federal judges. They
are not only selected without the
people. having any voice whatever in
the choice of this important class OF
their servants but they are selected by
the executive, whom by the cOnstitu-
tiOn the people were to have no VOICE
in choosing and are subject to cOnfir-
nation by that branch Of the leglsla.
ture in whose election the people
still have no voice. TO aggravate the
matter still further these servants are
J appointed for life and mistakes, OF
bias, or private influence exerted in
their selection are beyond correction
Our government is
Il BASED ON PUBLIC OPINION.
A cdecent regard for the opinions o
mankind" was averred in> the great
Declaration of the Fourth of July
. 1776. Public opinion when formally
expressed by our servants freely
chosen is our statute law. And wheI
expressed with more formality is ou1
organic law. Yet by process i1
which the people have no voice, w
place in positions those who lOOf
down upon and revise, and negative
, when they see fit, the actions Of th'
, there is no check upon the unlimited
and willful exercise of this power saw,
: in case of corruption, and then ONLY
, method of impeachment.
In England the judges can be re
l moved by simple address Of Parlia
ment and the constitutions of Massa
chusetts and New Hampshire have th'
same provision. But the Fed
2 eral judges are not subject t,
2 any restriction from that pub
: lie opinion, which is the cor
: ner stone of Republican form
8 of government, either in the name
] of their selection or by the power o
; removal npon an address of the legis
! lature, as in England, or by being sub
' ject to review as by holding for tern
3 of years. They are as truly beyOn
b the will of the people as the Czar of al
/ the Russians. That under such sys
tenn abuses have been as infrequent a
= they have been (though they are no
e tunknown) is due not to the system
e but to the usually high character 9
t the lawyers on>that bench, who, thoug
d selected by a vicious method, hav
: been ordinarily superior to the temp
q tations irresponsible power place
: within their reach.
With the growing power of corpors
q tiOns, and the evils attendant there
:. upon, we are not without warning
that we cannot trust so medieval
o mode of selecting judges any longe
e with safety. This much is to be sal
o in excuse of the trainers of the FEEDERS
)" Constitution that at that time fe'
e judges were elected by the peopl
e and besides the vast power since d.
+ veloped in the judiciary of settin
8 aside and annulling legislative an
C executive action was unsuspected.
l. had been asserted in one or two cas-
y of small Importance, but its scope an
J. effect were not discerDed and hent
j. its abuse was not provided against
the Constitution. That duty has d.
d, vOlved upon us.
le So generally, SO universally indee
l. has the evil of
III LIFE JUDICIARY,
e. selected by others than the people, ar
e. without supervision been seen ar