The times. [volume] (Richmond, Va.) 1890-1903, 1899-04-02
A Contemporary Badly or Its Base

4------
A Contemporary Badly or Its Base.
Editor Of The Times:
Sir.-The Lynchburg. News comes out
IN long. doubleloaded editorial taking
ITS position squarely against the pro
position 20 amend tho Federal Constitu-
ton so "a 10 alter tho present system or
electlng senator's" The News insists that
the election of Senator's by the Legisla-
lures constitutes Zone among the great
est defencas Of republican Institutions:
and az that bulwark OF our liberties
which Mr. Madison described as a neces-
sary defence 10 tho people against their
own temporary errors and delusions.'
our Lynchburg contemporary then argues
that history affords many examples OF
how the people are too often swept into
excess by some irregular passion or
"mised by The artful representations
OF interested men," and hence the found
ers OF the republic gavo the American
people p system Of government with
'provident safeguard against the tyranny
Of their own passions
Now. the sole authority for our esteem
ed contemporary ascribng 20 Mr.. Madi-
son these sage -easons for committing 10
the legislatures the election o, Senator'S
IS 20 be found To the fact that the pas
sages IL quotes upon The necessity ot
erecting n buiwark against the tempo
rary errors and deiusors ~ the people.
against their being 'mIsled by the artiul
INTERPRETATIONS OF Interested men,
and against 1.-THE tyranny OF their own
passions" are an % De found IN th2
sixty-third number % The Foderalst. ard
10 be found only there. But the evidence
is convincing. II not absolutely conclu-
sive that this sxty-thlrd number was
written by Hamilton and not by Madison.
There has been an uncertainty as 10 the
authorship OF twelve Of the eighty-fve
numbers az the Fedoralist, number sixty
three being one OF these twelve. The day
before Hamilton's duel with Burr ha
made a memorandum OF the numbers OF
the Fedoralist in which he stated that
these disputed numbers were written by
him. On the ny-leaf OF General Wash
ingtOn's COPY OF the work he ascribc4
these numbers 20 Hamilton. and IT was
not until 1877 that Madison claimed tho
paternity OF them. IN the preface 10 the
copy OF tho Feleralist published by ca
p Putnam's Sons IN 1926. and edited by
Henry Cabot Lodge. the question IS elabo-
rately and eXhaustively discussed and
no dispa sionate reader of that discus
sion can doubt that Mr. Madison's mem
DRY vas az fault and that Hamilton wrote
the sixty-third number OF the Federaiist.
From the well known views OF the two
men there would be every reason 20
ascr'be this number % Hamilton and not
10 Madison IN the Constitutional Con-
vention OF 1851 Mr. Madison contended
strenuOusiy for n representation I'm pro-
portion 10 population IN both branches OF
the national legislature and bitterly Op-
posed giving the smaller states an equal
representation IN the Senate with tho
cious as 10 the mode of e'eeting the Sena-
tors he was inclined 20 prefer their cleo
ton by the people rather than by the
Legislature. See his remarks on paget
SIS and 500 IN the second volume OF THE
Madison Papers" containing the secret
debates of the convention. on page $50
he declares that the greatest fabric 20
be raised would be more stable and dura-
Bile II IT should rest on the solid founda-
ton OF the people themselves than If II
should stand merely on the pillars Of the
legislature"
our Lynchburg contemporary intimates
that ''the founders OF the republic" were
quite unanimous and emphatic In their
preference for the election OF Senators
by the legislatures There never was a
greater mistake. The Virginia Plan"
as IL was called. introduced BY Edmund
Randolph did not so propose, and on a
direct vote on the 18th OF June the Vr-
Glrla delegation voted against giving the
election 90 the legislatures See page $50
OF the second volume. There were not
more than three ~ four ADLER men "a
the body than James Wilson. OF Penn.
sy'vania. lie was an earnest advocate
'or giving 20 ,hs people the election OF
both branches Of the national congress
The truth Is that u was only when tho
smaller states finally were on the point
Il retiring IN anger from the convention
and 90 defeating the prospect OF forming
the more perfect union" for which the
convention was called. that Virginia and
The ether larger states conceded th5
point OF an equal representation II al the
states and the election by the ieg,sla-
lures
Jus ssteemes Lynchburg contemporary
IS no, 5n.y OF IN It's historical citations.
cut after rs solemn admont!ons against
.hs danger O. tamper.ng with the bul-
wark erected by legislative elections
against tie Temporary errors and delu-
slons" q tas people. and against the
tyranny Of thelr own passions" IL comes
~ we may so say without intending any
iisrespecD to most lame an impoteut
conclusion. by declaring that 81 has no
objection 10 an expression OF preference
~ tue people. either Dy primary elections
1ntcr marty auspices. o. by state c0nyen-
lions OF the respective parties. or by some
uniform system OF iHsirGct.ng legislative
candidates. We submit that this Is a con-
session o. The whole question. II the
people by primary elect.9n Instruct the
members OF the legislature whom 10
e'ec. for Senators. and these members
formally record their votes ga conformity
with such instruction. IS that not 70 all
irtents an election by the people? II GER
tainly =. ara then u S. 0pen 10 the OBJ
lection OF doing by .ndirec,ion what can
not. as the constitution now stands, be
done directly Where In such case. IS me
"bulwark" against the errors and deiu-
sions OF the people. and the tyranny OF
their own passions?
The sgners of the call for the "cocser-
ence' on TIE 18th OF May will be entire.P
content with an instruction, hy primary
! election, 20 the Democratic members o'
the legislature as 10 whom they sha'
select for the Senate next winter; aho
as our Lynchburg contemporary does not
| object TO this. sweet harmony and
| brotherly love reigns ali along the line
! And our excellent friend OF the Hi city
having gone thus far will. upon the sec
| ond sober thought. be sure to 60 further
| and approve tie action OF the conference
| IN rec0mW ending the constitution
! amendment whereby the people nav d.
| rectly elect their Senator's. instead OF ac
| com p,ish!ag the same result by an indi
| rection and cIrcumlocat!on.
GRAEccHUs.
Richmond. Va. March 81. 1899.