Evening star., 1939-05-01
18th Amendment
Declared Beneficial
Popular Election of Senators
Preferred to Selection by 4
State Legislatures +


State Legislatures r
To the Editor of The stsr:
On April 10, in a letter to The Star,
Corley Perry McDarment criticized the
effect of the 18th amendment to the
Constitution, providing for the election
of Senators by popular vote. His con-
clusions are supported by arguments
which many thoughtful persons will find
it impossible to subscribe to.
In his first paragraph, Mr.. McDarment
makes the sweeping assertion that po-
litical experts have been fearful for some
time of the end Of constitutional govern
ment. BY his failure to qualify this
statement he might be thought to imply
that all, or perhaps the foremost, political
experts yield to this fear But my
studies have failed to bear this out.
Another broad assertion Is contained
in his second paragraph: "Mediocrity in
the Senate is result of the 18th amend
ment." His letter charges the Senate
specifically with low-grade oratory, lack
of dignity and lack Of scholarship.
What has been the effect of popular
election upon the Senate?
In providing that Senators should be
chosen by State Legislatures, the trainers
of the Constitution intended to estab-
lish conservative body to represent the
substantial economic interests of the
country and to act as check on "popu-
lar diStempers" made manifest by the
Lower House. Their plan succeeded be-
yond all expectations. During the clos
ing decades Of the 18th century the Sen
ate was crowded with rich men, occa-
sionally by railway and industrial barons,
but more frequently by their able advo-
Gates in matters of law. Some of them
were political leaders of genuine talent
but majority possessed no conspicuous
merits except the ownership of strong
boxes we'll filled with securities. The
reputation OF the Senators was further
lowered by the methods through which
they sometimes won their seats. Though
the State Legislatures nominally chose
in solemn assembly, in reality the as
signment was made at a party caucus
held behind closed doors, where pc
cunlary bargains were frequently con-
summated. Occasionally the decorum of
constitutional propriety was brushed
aside and seat in the Senate was pur-
chased with such disregard for the re-
f1nements of easy ethics that investiga-
tions. revelations and alarms inevitably
followed. From year to year the coun-
try was shocked by noisy scandals con-
nected with the elevation of plutocrats
to a senatorial seat. (Charles A. and
Mary r. Beard, THE Rise Of American
Civilization" the Macmillan Co.. 1850
Agitation for the popular election of
Senators gained steadily. In 1904 Ore
gon created, in effect. the popular elec-
ton OF Senators by holding its legislators
morally responsible for the naming of
Senators chosen in elections by the peo-
Pile. BY 1912, 20 commonwealths were
employing similar system. Thus, three
fourths Of the Senators had to run the
gauntlet Of direct primary even though
the State Legislatures still nominally re-
tained the right to elect. Gouis M.
Hacker and Benjamin B. Kendrick, THE
United States Since 1866" F. S. Crofts g.
Co., 1850
In american Government and Poll
tics" the Macmillan Co., 1886, Charles A.
Beard has this to say: "Since every can
didate for the Senate under the new sys-
tenn must make Statewide campaign
the man who is most efficient in framing
programs which arouse public interest
and in making speeches which evoke
popular enthusiasm has an advantage
over the more reserved and less resource
full leader" Again: THE man with mere
money or talent for slipping softly around
and winning State legislators probably
has less chance under the present re-
gime. He may buy huge publicity for
himself and perhaps win an election,
but he cannot escape making statements
as to his political opinions" Again:
Frequently the contention is heard that
popular election makes the use of money
prominent factor in senatorial con-
tests, but for every case of this kind
found during the period previous to the
adoption Of the 17th amendment. In
deed the most fragrant instances of in
decent barter and sale in connection
with elections were in the old days when
State Legislatures were sometimes bought
outright by senatorial aspirants"
So much for the practical results of
the 17th amendment. Mr.. McDarment's
main argument, however, is that this
amendment pulled an important pillar
from the structure of the Constitution as
1t was originally conceived and built.
Andrew c. Mclaughlin GA Constitu-
tional History of the United States" D.
Appleton Century Co., 1885 does not
share this view Of Mr.. McDarment. In
his volume of 1874 pages, which brings
the constitutional history of the United
States up through the 21st amendment,
he devotes but one paragraph to the 18th
amendment. To quote: 1.-THE purpose
was doubtless to deprive political par
tisans of the opportunity to use corrupt
methods of influencing State Legisla-
lures and also, perhaps, to make certain
the selection of men to the Senate who
would Immediately represent the public
and the public interest. There was
probably the further hone of ennohlinp