The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1906-05-01
JUSTICE CLARK
Favor a Federal Conven-
tion to Amend the Con-
Stltuti0n.
He Calls Attention to Defects in the
Constitution and Emphasizes The
Neep OF Amendments to Let
the People Rule.

the People Rule.
Hon. Walter Clark. chief Justice of
North Carolina. by invitation OF the
University of Pcnuss Iyania. delivered
the annual address before the Law
Class Friday evening at Philadelphia
After referring 10 the glory
, that for all time viii hang around the
name OF the birch place of government
"of the people. for the people and by
the people" he said in substance.
There was a radical difference be
tween the convention that mot here in
1I16 and made the great Declaration.
+ That was frankly democratic and re-
yolutionarE.- It could only win by
popular support. 1t declared that all
men were free and equal and that all
government rested on the consent of
. the governed and should be changed
at their Will. ITS declaration was
unanimous. Every member signed il.
The convention of 1897 was reac-
tionary. II sat with closed doors. Its
journal narrowly escaped a vote that
it should be destroyed. 1t was only
published after a lapse of 40 years. out
of 50 delegates only 80 signed the
p, Constitution and some Of those after
wards opposed ratification. tt was
ratified by the States with the great
est difficulty. All the great guarantees
Of personal liberty, free speech, free
! press, of religious liberty, against gem
eIal warrants and the like were
i omitted from the Constitution. and
were only inserted as the first ten
! amendments because a majority of the
states would ratify only upon the as
stlrance that this would be done.
OF the three great departments
Executive. Legislative and Judicial,
the constitution gave to the people the
choice of only onc-SiEth j.. O.. onc-half
of tho I npjSIatiyI and that tha weak
est half. The Senate was made cleo
tive at second hand by state Legisla-
8 lures, and the President at third hand
by electors originally chosen by the
State Legislatures and TN Judiciary
at fourth hand, being appointed by
I the President and confirmed by the
Senate. and made irresponsible by be-
ing appointed for life.
The people have captured the choice
of President by forcing his election
to be made at the ballot box and
compelling the electors to become
f~gure-heads. but the controlling power
in the government is today the Senate
and the Judiciary. neither of whom is
elected by the people.
When the constitution was framed
: we had 1900. 600 from Massachusetts
to Georgia. $10.ooo.o09 of annual
cVenuc. - and $37 .00G
poStofliCe expenditures. The school
master was not abroad in the land.
I'ppuidG government WAS new anu the
convention was afraid to trust it.
Even if the Constitution had been ac-
CCptable (and it was not) when made,
it WOuld he q miStit now after nearly a
century and q quarter of trlal Of pop
ular government. when the people are
enlightened II the danger to prop
crty is not from the masses but from
the great power of consolidated wealth
against which there were nc safeguards
constituted for no dangers were am
~ticipated from that source in 1871.
There was not Il single bank chartered
till i years later and railroads, tele-
graph and oil companies and Trusts
were UNDERMINED of, BY reason of the
changed quarter from which the dan
ger now comes, and Tor the lledl
100.0 geo, 600 from Maine to Manila,
and from Porto Rico and Panama Q
under tho flag. the constitution of the
Union needs division for an even
stronger reason han that which has
compelled every state to reverse its
constitution again II again.
The Senate should be made elective
by the people and in the election Of
President the electoral vote of each
state should be divided pro rata ac-
Cording to the popular vote. TINS
would destroy the system of a few
"~piVotaI' great states. from which
alone from the foundation of the gov
eminent, presidents could be chosen
and which invites the concentration of
money to carry those States. For the
first 40 years Presidents came only
from Virginia and Massachusetts.
Since 1860 only four New York, Ohio.
Indiana, and Illinois, and in the IN
terim. New York and tennessee had
the President 16 years. 1t would not
do to elect the President by ballot,
per capita from the whole Union as
one district. as in that case FRAUD at
every ballot box would become mate
rial and citil war would follow.
In the Convention of 1897 the prop
oSition that the Judiciary should have
power to declare an act of Congress
unconstitutional was four times voted
down and never received the votes of
more tina three States. The judges
have given it to themselves. without
any provision, express or implied, in
the constitution to warrant it. TINS
gives them an enormou political
power. that Of setting aside the action
of Congress and of the President by
the irreVieWable veto of five men. They
should not be vested With this great
power unless chosen by popular vote
and for Il term of years 50 that their
action can be reviewed by the SOW
crcign power in the choice Of their
successors.
The postmsstcrs. only - in number,
could be chosen. as the constitution
provided, in 1887. hut the present army
of 75,e00 postmasters can not be 50
selected and are not. POstmasterS
ought to be chosen. every four years,
by the people of each postOf1ice dis
trict. but give bond and be subject to
the same eView as now. Each local
ity would get the postmaster it desired
regardless of the general political re-
suit in the Union.
1t is a great evil that n~otWithstand-
ing an expression of the pubic Will
the new Congress does not begin us
session for thirteen months and that
old Congress continues to leSlslate
for four months. after its pollcy may
been repudiated at the ballot box
AS in all other countries. the old leglS-
body should expire on election
day and the new one should convene
soon after.
1t is too much to expect the senate
to Indicate its powers. Five times the
has voted q COnStitutlona