The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-05-25


accent the Constitution made at Phil
s'SaII11,ia The first Congress that met
e,,b,nitfed these ten amendments to the
states and they were all ratified in
raj 1t viii be seen that they there
fore form in reality a part practically
of the original instrument.
The same may be said of the Elev-
enth Amendment, which provides that
the judicial power of the United States
should not extend to any suit at Law
on. equity brought against one of the
states of the Union by citizens of an
Other state. or by citizens or subjects
of any foreign state. This grew out of
a. case against the State OF Georgia in
behalf of an Indian tribe, and it was
proposed to the state by Congress in
1894. and by 1898 had received the
necessary ratification This may be
cIassed with the first ten amendments
as one of the clauses added by the
men who framed the Constitution for
the purpose of perfecting that instru-
ment.
The Twelfth Amendment, which was
ratified in 1904. was made necessary py
the discovery in the election of 1901
of a grave defect in the electoral sys-
TEN. The original Constitution pro-
yided that the electors chosen by the
people to choose a President and Vice
President should votes for two persons.
the one receiving the highest number
of votes to be President, and the one
receiving the next highest number TO
be Vice-President.
When the electoral votes were
counted after the election of 1900 it was
found that Thomas Jefferson and Aar-
on Burr, who were candidates of the
n. Il. Tr..
President respectively. had received
an equal number of votes.
The result of this was that under the
Constitution, there being no choice for
the office of President, the election de-
volved upon the House of Representa-
tives, which voting by states, was to
choose a President from the two who
had received the highest vote in the
electoral college.
Now there was no doubt whatever as
to the intention of the people of the
United States. They had meant to
elect Jefferson President and Burr
vice-President, but owing to the ar
rangement of the Constitution it was
left to the House of Representatives to
choose either of them to the highest
office in the land.
The House of Representatives which
was to go out of power on March 4.
1901. was controlled by the defeated
Federalists. The Federalists were Bit
terly opposed to both Mr.. Jefferson
and Mr.. Burr, but some of them were
strongly inclined to throw the Demo-
cratic party into confusion by electing
Mr.. Burr to the presidency.
Fortunately this INSCRIPTIONS plan
failed, enough of the Federalist states
men having the good sense and the
honor to see that they ought to carry
out the wishes of the people instead
Of permitting them to be defeated by
a mere technicality.
The situation, however which had
then arisen alarmed every one. and al
though bad results had been escaped.
it was very perilous one indeed.
Therefore. to make any recurrence of
this danger impossible, the Twelfth
Amendment to the Constitution was
passed so that in future the electors
should vote for the President and Vice
President. naming them in their vote,
ind then If no candidate had the ma
ority of the electoral college for Presi- |
lent the three highest should be voted |
'or, and one of these three chosen for |
President, as happened when John |
Quincy Adams was chosen by the |
House of Representatives in 1925.
IN LATER YEARS.
Thus we have accounted for twelve |
amendments. They may all be fairly
considered as amendments, 10 perfect /
he original instrument adopted by the
of men who framed it, al
hough the last one came fifteen years
lfter the adoption of the Constitution.
More than sixty years passed before
md then three great amendments were
ldded in rapid succession. These were
he results of the Civil War They
provided for the abolitionN of slavery.
md that no man shrould be deprived
# his right TO vote on account of his
ace or color or previous condition OF
ervitude. They also embodied some
ther provisions which were made
necessary by the war, but which it is
lot important to enumerate.
Therefore we see that after the early
perfecting the Constitu-
ion, it has practically only been
mended once, and that was by the
hree great amendments which came as
he result of the Civil War Peop,e
ave been led in this way to believe
hat it is impossible to amend the Coz
titution except by some great. revoln-
ION, Out there 10 III lCdoOi " oNpPOSG |
his
That it is difficult to amend the Con-
titution is beyond doubt, and it ought
o be so. To change our Constitution
asily would be a great misfortune, and
he fact that it has been amended SO
title. and only under great stress,
hows the wisdom and conservatism of,
he American people, the qualities
which have been the secret of their
reat political success.
The difficulty Of amending the Con-
titution, moreover, has never discour-
ged people who thought they could
make improvements ip it. Although |
MY fifteen amendments all told have
cen adopted since 1877, there have been
wo thousand or more presented, to
congress for consideration during the
anne period. Out of two thousand
roposed amendments only fifteen, in
eality only five, have been adopted.
III rrzl