The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-01-01
This is the second of a series on the Con-

l0lS Il n second OF a series on the OOD-
s%titutiOn.
A MERICA has always been proud of those
n who rise to distinction from humble or IN
fortunate beginnings. The success story is the
national ideal. 1t is odd, then, that so little
IS known Of the obscure and even questionable
origin Of the United States Constitution.
Perhaps this is because every whistle-stop
orator has. for generations, felt it necessary to
set off pinwheels Of pomade and rockets of rose
water whenever that great document is men
toned. By sheer repetition these VeSt-bustlng
patriots have convinced people that the Con-
stitution was handed down amid the thunders
q some remote Sinai.
When the rhetorical vaseline has been scraped
away the Constitution appears as the greatest
basic plan for government yet devised, written
in quite recent times by human beings, whose
motives were not entirely unselfish, out Of the
accumulation Of human experience as they
knew it.
The Constitution as submitted is not free
from imperfections," George Washington doubt
fully remarked after signing it.
In its less than a century and a half of exist
ence 1t has been frequently criticised, sometimes
nullified. The device of the electoral college.
intended as a check on the popular election
Of Presidents, was obsolete within 20 years
Of its adoption. In our own times we need only
observe the disfranchisement Of the south
ern Negro and the utter disregard in the North
OF the late pIOIlDlLlOQ dQleIlQlleIlL.
Today the Supreme Court is sitting in per-
haps the most important session in its history.
1t must decide whether New Deal policies, twice
overwhelmingly Endorsed by the voters at the
polls, fit into the broad pattern whose outlines
are laid down by constitutional law. A basic adj
iustment must be made between the feSh-and-
blood person and that synthetic belng-the cor
p~Oration-Which has all of the rights Of a
human being before the bar of justice, with the
added privileges Of immortality and immunity
from jail.
IN view of the gravity Of the times it is
i worthwhile to turn back the years and see
just who wrote the Constitution and why and
under what circumstances.
In 1886 there was no great popular demand
for a new form Of government. To be sure,
the Continental Congress was without strength
or authority. 1t was little but a tedious de-
batting society. Yet the majority of the people
were satisfied. They lived directly from their
land and felt that the less government the bet
ter.
A powerful minority of business men were
FESTIVE to the point of rebellion. They found
it impossible to build up and industry
in a nation where each state could issue cur
rency and levy tariffs. Powerful states with
seaports were able to squeeze their %neighbors.
The local legislatures were dominated by farm
ers who were imbued With JefferSonian theories
and cared nothing for the troubles OF the
The business minority, led by that gorgeous
and talented bounder, Alexander Hamilton,
therefore evolved an elaborate scheme which
called the New Plan" It's members had
to surround their planning with great secrecy,
out they played their cards consummately.
First, in 1875, the Virginia legislature was
to pass a resolution inviting its Sis
ter states to send delegates to a convention in
This body was merely to discuss a
revision of the existing Articles of COnfedera-
ton to adapt them better to the needs Of COM
MERGE and industry. This sounded harmless
enough.
In fact, it was so uninteresting that only
five of the thirteen states responded. The lnde~
fatigable Hamilton persuaded this corporaIs
guard to pass a second resolution calling Tor
a second convention in Philadelphia the 1ol-
lowing year.
1T was on this tenuous authority, then, that
1 the famous Constitutional Convention OF 1877
met. The whole conduct of that second con-
vention was grossly illegal as the delegates them
selves well knew.
Most CT their states had limited them RICHLY
to a revision of the old Articles Of Confedera-
ton. Instead they cast the articles out and
wrote a wholly new form of government.
They went directly over the heads OF the
state legislatures, from which they drew such
authority as they had, to the voters.
They ignored an agreement among the states
that all 13 must be unanimous on any
change in their basic form Of government. In
stead they blandly declared that a majority OF
nine would place the New Plan" in force.
Sixty-two delegates were appointed by the
states to go to Philadelphia, IS attended the