The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-03-31
Law and Human Rights.
Continued from First Page.)

- 49,
But, had the Constitution been construct
cd with the wisdom and the unanimity
We would fain believe, the vast changes
that have taken place in the more than
a hundred years that have since passed
changes that no mortal wisdom could
have foreseen-haye made il a misfit.
These changes have in no wise affected
the necessity OF a Federal Union and
the great features that make the govern
ment Of the Union supreme in matters
affecting all the States. while leaving
each State sovereign in those local mat
ters which concern its own government.
But it has made the Constitution in 9TH
or respects i'll adapted for the ROO
for which it was ordained.
The Constitution has been subject to
the law of progress and OF change, aside
from the amendments that have been
submitted and ratified by the necessary
number of States. BY judicial construc-
ton meaning has been written into the
Constitution in many matters that were
not in contemplation by the makers of
that In some instances these
amendments by judicial construction
were necesSitoted by the progress Of
thought, the evolution of the age, and
the changed condition Of the people. But
IIltlt are radical changes mat nave DCtn
made therein by the silent pressure OF
public opinion, without aid from Con-
gress or the courts. When the Federal
Constitution was adopted, of the three
departments, Legislative, executive. and
judicial. direct control was given to the
people Of only one-siXth of the govern
ment, to wit, one-half of the Legislature;
for the lower house OF Congress was the
only body chosen by the people. The
Senate was made elective at second hand
through the State legislatures; the Elk
ecutiVe was to be chosen at second hand
through a body of electors selected for
that purpose, and it was ~Ontemplat
that in fact the Executive should be
chosen at third hand, as the electors We're
originally elected by the State legisla-
lures; and the judiciary and Cabinet Of
ficers We're selected at fourth hand by
the Executive, subject to ratification by
the Senate. The government was thus
removed from the direct action of public
opinion as far as could possibly be the
case in q republic. At that time educa-
ton was not general and popular gov
eminent was a new experiment. There
We're many misgivings as to the capacity
of the people to govern themselves. In
only one State was the Governor then
elected by the people; in most II not all
of them the upper house of the general
assembly and usually both houses were
elected by a restricted suffrage, and in
none was the judiciary chosen by popula
vote. This state of things was reflected
in the Federal Constitution, Of course,
and in form at least remains unchanged
in that instrument. though in these re
spects there Lave been great changes in
the constitutions of the several States.
Though no changes in these matters
nave been made in the Federal Constitu-
ton by constitutional amendment or Ju-
dicial construci ion. there has been none
the less a great alteration by the prac-
tical operation of public opinion and
other causes. The election of the Presi-
dent has been changed to a direct cleo
tion by the people by the simple process
of treating the electors as figureheads
and electing them in the several states
at the ballot-box instead of through the
State legislatures. AS late as the great
contest between Adams, Jackson, Clay
and Crawford id 1924, the electors were
still chosen in a majority of the States
by ter legislatures. This was soon
changed as one of the results of that con-
test, though the electors in South Caro-
lima were still chosen in that manner
down to the Civil War. Indeed the
Presidential electors were chosen by the
legislature in Colorado in 1876. a SINH
lar change has been made as to the
election of Senators in many of the States
bv requiring primary elections for Sera-
tors or by pledging candidates for the
legislature and in other methods. A
constitutional amendment to give the
election of United States Senator's direct
Ivy To tho naoplo and to 1icnpnca with
the legislatures as Senatorial electors
has repeatedly passed the lower house
of Congress-, but it's inevitable passage
has been thus far defeated by what
might be termed the indecent and de-
fant disregard OF public sentiment by
the Senate iself.
In another respect the Constitution has
been practically amended, but in a much
less desirable respect by the pressure of
necessity. In the beginning, when there
were only 10 postmaSteTs, it was Contem-
plated and the Constitution required that
they should be appointed by the Presi-
dent or head of the Department. With
more than a thousand times that number
of postmamasters this has become i'm
possible. Postmasters are now selected
in a manner not authorized by that in
strument In practise they are necessari-
ly selected by the members of Congress
or by political bosses Except in rare
instances the President and the Post
master-General can do no more than take
the recommendation of the member from
the district or other leading politicians
politicians of their party. AS the con-
stiutional provision is practically a dead
letter there is no reason why by amend
ment to the Constitution the postmasters
should not be chosen by districts laid off
around their respective post offices at
the same time and in the same manner
that members of Congress are elected.
Probably the most serious defect in the
Federal Constitution is the retention I'M
altered of the mode for the selection of
the Federal Judges at third hand through
the fundamentally of the Executive and
the Senate, and for life. In truth no
provision could be more undemOcratic
than the manner of selecting these i'm
portant officials and their life tenure.
They are chosen in a manner that en-
tirely negatives any expression of pub
lie opinion, and that permits their Sc