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The Commoner. WILLIAM J. BRYAN, EDITOR AND PROPRIETOR R$ i" VOL. 9, NO. 34 Lincoln, Nebraska, September 3, 1909 Whole Number 450 Election of Senators by the People Tho following correspondence explains itself: Lincoln, Neb., July 13, 1909. Hon. William H. Taft, The White House, Washington, D. C. Dear Sir: Now that the states are going to vote on the ratification of tho amendmont speci fically authorizing an income tax why not givo them a chance to vote an amendment providing for the election of United States senators by popular vote? In your speech of acceptance you said that you were personally inclined to favor such a change in the constitution. Would this not be an opportune time to present the subject to congress? Two constitutional amend ments one authorizing an income tax and the other providing for tho popular election of sen ators would make your administration memor able and I pledge you whatever assistance I can render in securing the ratification of these amendments. With great respect, I am yours truly, w. J. BRYAN. The White House, Washington, July 22, 1909. My Dear Sir: I hve your kind letter of July 13. I am not prepared to urge as an adminis tration matter the submission of an amendment changing the constitution with reference to the election of United States senators by popular vote. As I Bald in my "speech of acceptance," I Hardly deem this a party question, and as there Is a very wide difference of opinion in my own party in respect to it, I think it ought to bo presented to congress not as a party or as- an administration queslidn, -but as a matter of in dividual opinion, With great respect, I am, Very sincerely yours, jfc. .. .-i, , .. WILLIAM H.TAFT. JBTon. William Jennlngrf Bryan, The Commoner, Lincoln, Nebraska. It is as we feared it would be. President Taft 'declines to recommend the submission of a con stitutional amendment providing for "the elec tion of United States senators by popular vote. In the same speech in which he declared for an Income tax he said he was personally inclined to favor the popular election of senators. He recommends an income tax, but declines to recommend the senatorial proposition. It seems that he does not regard his expres sion of personal friendliness as committing him to any effort to secure the amendment. As it is not necessary for him to sign a' joint resolution submitting such an amendment and as he now declines to recommend it it would look like his reference to it was a matter of surplusage. It Is hardly fair to hold out such hopes during the campaign and then disappoint them when the election is over; we were afraid of it, as see notification speech, August, 1908: "With respect to the election of senators by the people, personally, I am inclined to favor It, but it is hardly a party question. A resolu- CONTENTS ELECTION OF SENATORS BY THE PEOPLE "EVERYTHING ALL RIGHT" ; CAN NOT UNLOAD EDUCATIONAL SERIES "CANNONISM" AND THE REPUBLICAN PARTY REPUBLICAN CORRECTS REPUBLICAN THE MONETARY COMMISSION NO TIME FOR SENTIMENT WHY I PREFER ENGLAND BY AN AMER ICAN MILLIONAIRE THE BANK GUARANTEE IN CHICAGO CURRENT TOPICS 'HOME DEPARTMENT NEWS OF THE WEEK tlon in iU favor has passed a republican houso of representative soveral times and has boon rojected In a republican senate by tho votes of senators from both parties. It has beon ap proved by the legislatures of many republican states. In a number of states, both democratic and republican, substantially such a system now prevails." ADVISABILITY OF THE POPULAR PLAN The late Senator Stephen R. Mallory gave to Georgetown University in the District of Co lumbia a generous sum, the lntorest on which was to be used as a prize for tho most merito rious original essay on any question arising out of or relating to the constitution of the United States, or arising out of or relating to tho re publican system of government. It was provid ed that at least 600 copies of tho prize essay should be published in pamphlet form within three months after tho modal had been awarded. Tho Mallory prize essay for 1909 was entitled "The Advisability of Electing United States Senators by Popular Ballot." This essay was written -by Earl John Mohn of the' Georgetown Law School, class of 1910. Mr. Mohn's resi dence is 309 Rebecca street, East End, Pittsburg, Pa. Tho essay is so interesting and instructive that The Commoner reproduces it in full. "VOX POPULI, VOX DEI" PART I The convention that met at Philadelphia In 1787 and framed our national constitution was about equally divided between tho advocates of a national and the advocates of a confederate government. The great conflict between these two factions was fonght over the question of representation in our national legislature tho congress of tho United States. Men whoso names play a great part in the history of our country were very active in this conclave. Tho nationalists, as they were popularly called, were under the leadership of such brilliant men as Alexander Hamilton, James Madison, James Wilson and Gouverneur Morris, while tho con federates were almost equally strong under tho command of equally great men Patterson, Lan sing and Luther Martin. A careful scrutiny of the conditions which surrounded theso men when this incomparable political compact was mado reveals tho conflict ing claims and warring factions ever present when popular action is invoked. A compromise was inevitable. And we can not too heartily thank God' that the apparent superhuman wis dom of Roger Sherman and Benjamin Franklin rescued the sinking craft (for failure of con-, federation had made the destruction of the freed nation imminent) and harmonizing incongruous Impulses, steered it Into placid waters. The sovereignty of the new states was necessarily guarded with earnest vigor and keen watchful ness by nearly all the participants in the con vention. It was apparent from the outset that some concessions must be made to strengthen the weakened bonds of union, but that those concessions should be yielded only after tho most careful scrutiny Into their effect and when tho absolute necessity therefor had been estab lished, seems to have been the actuating prin ciple of most of the delegates. And this was not unnatural nor surprising. "The people," said Sherman, "should have as little to do as. may be about the government; they want information and are constantly liable to be misled," and again, "Popular election is not likely to produce fit men." Mr. Gerry used language nearly as strong while Mr. Randolph Indiscriminately attributed the evils of the coun try to the "turbulence and follies of democracy." But the skilful management of cooler heads and the personal influence of Madison of Virginia who earnestly advocated the system of election by the people and declared that he "thought the great fabric to be raised would be more stablo and durablo If It should rest on the solid foundation of the pooplo itself than if it should stand merely on tho pillars of tho legislature," averted what might easily havo become a serious conflict and imperilled the chances of union. But it was an early conclusion that In order to induco tho consent of the states domlnatod by such sontiments at least one of tho branches -of tho legislature should accord in Its selection, mornborshlp and power with tho two funda mental requirements recognition of the sov ereignty of tho stato and restraint of popular action. Tho first is tho ono absolutely perma nent featuro of the Instrument, for no imagin able development of political ethics admits a possibility of its voluntary cession. Tho mooted question depends entirely upon tho necessity and extent of application of tho second requirement. No ono will deny tho unreliability of tho occa sional waves of popular sentiment nor the de sirability of some check upon the possible vacil lation in governmental policy thoy might other wise effect; but a freo country must dopond upon tho will of its supporters. Tho consent of tho governed implies tho exerciso of a conscious intelligence, not tho moro aggregation of a ma terial force. "Tho senate," says Garrison, "was tho great stumbling block almost tho crux In the con stitutional settlement." Edmund Randolph's plan provided for tho election of senators by tho hoMso "out of a proper number of porsons nominated by tho individual legislatures." George Reld's plan substituted tho president for tho house. Dickinson, following SpralgUt of North Carolina, moved that tho loglslaturce -. olect. Wilson of Pennsylvania, "than whom," says ex-Governor Higglns of Rhode Island, "thoro was no greater mind In tho line of Juris prudence," on tho othor hand advocated direct popular eloctlon by districts arguing that a choice by the legislatures would "introduce and cherish local interests and local prejudices." Wilson's plan failed, but somo of tho greatest patriots and legal minds in tho convention were in favor of its adoption even at that time and In that form. Wo can readily see that some of the rojected schemes would havo had their own dangers and abuses, but who can say whether tho result of tho adoption of any ono of them would have been more disastrous than that of Dickinson's under which we havo worked for moro than a century? Dickinson, as I havo mentioned above, moved that the respective state legislatures elect their representatives to tho upper houso of con gress. His motion was carried and at that mo ment Article I, Section III, of the Constitution of tho United States took Its life. "It is a maxim in law," says Edwin Maxey, tho eminent writer on political science, "that -reason is tho soul of law and when the reason ceases tho law should cease. This maxim is entirely logical although the logic of theory does not conform to tho logic of fact." Applying this bit of philosophy to tho case in hand we are furnished with an explanation of tho continu ance of the present method of electing United States senators, but not necessarily with a justi fication of it. When the framers of our consti tution placed in that instrument the provision that senators should be elected by the state legis latures, thus making It tho supremo law of the land, thoy had a reason for so doing and they considered the reason a good one. They, or at least tho great majority of them, believed that it would not be safe to have the United States senators elected by the people, any more than it would be to have tho president so elected. Their democracy had not developed to the point whero they had sufficient confidence in the wis dom and conservatism of tho people to entrust them with the power of electing more than one branch of congress. Holding these views they had a reason for favoring tho method which they adopted for electing senators. But the advancement of political science, tho astounding growth of our country and the Intelligence of our people have removed the reason, and this is proven by the fact that all over this land the trend seems to FwW tow iw'iWudL- ;iWnfa.-lW y tojr;rt-i .