The Commoner.
XPTEIMBER S, 110t
a
-
Taur
1891
1892
1893
1885
1886
1887
r
' -
1898
1899
BUta
Florida
North Dakota .
South Dakota.
Louisiana.
Montana ,
Nebraska
Nprth Dakota.
Washington . . .
Wyoming
Delaware
Idaho
Oregon
Washington. . .
Kentucky
Louisiana
Maryland
Florida..
Idaho
1901
1903
1904
1905
Kentucky
Oregon . . . . . .
South Dakota. .
Utah
Washington . . .
Maryland
Tennessee.
California
Delaware
Montana
Nebraska
Pennsylvania. .
Utah
Wisconsin
Delaware ,
Delaware ,
Montana
Nebraska
Nebraska
Oregon
Delaware
Delaware
North Carolina.
Oregon '
Washington. . .
Maryland
Delaware ,
Missouri
No. of Days
?
85
8
27
44
60
21
33
51
114
51
32
9
68
9
8
24
15
36
62
29
17
7
"' 7
7
67
64
17
50
92
62
8
52
52
51
72
72
, 22
v 41
41
10
"32
.9
1.6
80
60
No. ot Ballots
75
17
40
44
17
61
101
217
62
68
28
52
6
7
45
60
None possible
27
53
25
10
7
104
'113
17
43
79
164
6
46
46
66
54
54
53
36
36
9
42
13
12
51
67
Senators Elected
rWilklnson Call
H. C. Hansbrough
J. H. Kyle
No Election
No Election
W. V. Allen
W. N. Roach
No Election
No Election
No Election
G. L. Shoup.
G. W. McBride
J. L. Wilson
No Election
S. D. McEnery
G. L. Wellington
8. R. Mallory
Henry Heitfelt
W. J. Deboo
No Election
J. H. Kyle
J. L. Rawlins
George Turner
L. E. McComas
T. B. Turloy
No Election
No Election
W. A. Clark
M. L. Hayward
No Election
No Election
J. V. Quarles
No Election
No Election
Paris Gibson
C. H. Dietrich
J. H. Millard
J. H. Mitchell
J. F. Alleo
L. H. Ball
L. S. Overman
C. W. Fulton
Levi Ankeny
Isador Raynor
No Election
William Warner
s
worn tiarts iron nh "fferent
parts of f . . v ... ;
It was iu . -.'t49tifat the ques
tion of popular "ejection of senators
was defeated in the convention and
not in the form In which we urge it
today. We shall admit that it is the
popular impression that our plan,'
whole and entire, word for word,
found little sympathy in the conven
tion, but again do we challenge its
correctness and submit as proof, the
minutes of the constitutional conven
tion itself.
Since the advocates of popular
election had won a victory in respect
to the lower house it was finally de
cided as a compromise, not of the
relation of the state and federal gov
ernment, but as a compromise upon
the broad question as to who -should
elect the senators, that they should
be elected by the legislatures.
Running through all the debates
of this convention tliere seema to
have been one continual compromise.
Articles were not placed in the con
stitution simply because they were
deemed to be the best law, but with
that reason was coupled the desire
to insure the union of the states in
tact and had not the larger states
compromised, the smaller ones would
have withdrawn and the new born
country would have been rent
asunder. If these things are borne
in mind the claim that our proposi
tion overturns the policy of the con
stitutional fathers will carry but very
little weight.
It has been said that the earlier
amendments were only designed to
carry into effect the spirit and pur
pose of the constitution itself. That
may be but the thirteenth amend
ment stands out either as merely
yaplddeclamatibn or as a most radi
cal change in the policy of the gov
ernment. Either under the original
constitution slavery was permissible
and if so, the amendment revers
ing that Rolicy reversed! It as to a
most important and material policy '
or it was not permissible and that
amendment was mere idle sur
plusage. But wo go further than that. In
the early history of this country, it
was contended that the government
must be limited to the primary func
tion of government itself. During
the life time of those who drew up
the constitution that view was uni
versally accepted; but in the pro
cess of time we began a radical
change. Take for Instance the su
preme ' court of the United States.
In those earlier days John Jay was
offered the position of chief justice,
but he at first declined the offer
on the ground that that court did
not possess the power and authority
to maintain Its own dignity. And
he was warranted in his assertion by
the fact that the governor of Penn
sylvania had called out the militia
to resist the mandates of the supreme
court and the state of Georgia passed
a law that made It a misdemeanor to
carry into effect the decisions of that
body.
John Marshall was next offered the
position and accepted it. This shin
ing example of all that is great In
American jurisprudence bears wit
ness today that it was never under
stood or even dreamed of that the
supreme court could set aside the
act of what was deemed the great
popular department of the' govern
ment the legislative. Less than a
year before he took that seat he de
clared in the now famous Ware case
that a court had no authority to set
asi'de the act of a legislature as void
because it contravened the constitu
tional limitations. But when he was
elevated to that higher position he
soon discovered that somewhere in
this organization of government there
had to be some power which could
judge between conflicting interests
nnd warrinc factions and he delegat-
ed that power .to the supreme court
when he declared that it was for the
court to point out what the law was;
and If an act of congress contravened
what tho court declared to bo the
law, that then tho act of congress
failed, because it would not bn n. Irfw
In tho light of tho declared will of tho
tribunal Itself. In othor words, with
ono stroke of his pon ho placed tho
supremo court above the legislative
department not alono ns to those
questions that go to tho rights of
citizens; but that court has gono on
until today the American people, and
wisely too, recognizo its right to reg
ulate tho governmental and political
policies of this nation by calling a
halt upon legislative enactment. That
tribunal sits there today, but we em
phatically declare it is not tho trib
unal tnat the lathers of our country
created.
Space and tho indulgence of our
readers forbid us to dwell at length
upon the struggle by which this
chango was brought about, but every
lawyer is familiar with that contro
versy and every layman is familiar
with tho fact that today the United
States supreme court sits in that
somber chamber of tho c pitol and
there Is no appeal from its decisions
in tho path of peace; and it sits
there tho most august tribunal on
earth; tho highest court under
heaven; but I frankly declare that
its position today is an absoluto re
versal of the policy, tho purpose, and
tho will of the founders of this gov
ernment. In all fairness and candor arc
these not complete reversals of tho
policy, tho purpose and tho plan of
the fathers of this country as ex
pressed in the constitution itself?
It has been argued that this plan
Is a mere mushroom movement,' to
use the popular terra; that it has
been actuated by one man whose
doctrines have been spread broad
cast, tho country over, and is not
the will of the people. If that is so
why is it that state after stato has
taken overy means in its power with
in tho limitations of tho constitution
to mako the office of United States
senator elective? Why Is it that
twenty-eight states of this union
(Virginia', South Carolina, Georgia,
Alabama, Mississippi, Louisiana,
(Continued on Page 13)
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JJhttIhoh JJIiIff.. CoImhiIjhk, Ohio.
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