Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1861-09-24
ne caRhtitutisA, and Its Rslatlohs to the
war

aow, who elected the Presidents but much
how be governs. His patriotism, and mOst
Of bis policy, are above question: and II is
4 pretty safe rule in these times, that the cit
izen who most zealously sustains the Presi-
dent best serves bis country. The danger is
in carrying this rule too far, and when that
fupctionary is clearly mistaken, the individ-
nal Is not 70 be charged with making war
upon him, who candidly treats Of his acts in
decent language and for a good purpose.
This war is very practical matter, and
nobody can misunderstood its Demands
The means Of meeting those demands lie in
vroiusion about Us and we cannot fail to
grasp them, unless we permit shsms and the
shadows Of shams, 70 come between us and
their use.
I said that the action of the President in
the instance referred to, indicated that this
war was to be conducted on the narrow line
of the Constitution and acts of Congress. /
wish now to refer to those agencies as means
of dealing with this rebellion.
Mr.. Davis commits treason, and is to be
dealt with ConstitutionaIly-for it will never
do to violate that instrument to secure his
punishment. He had better escape, than
that sacred parchment should come to harm.
Under it capias can be sworn out, and
Marshal may arrest him; be can be indicted
and tried in the District where the offence is
committed, sc. All very explicit. Upon
calling for these constitutional functionarieS
the Judge has resigned, the Marshal is IL
command of the grand jury, in arms agains
the Government and the entire District ha'
broken boldly out Of the Constitution, snC
sets its whole machinery at defiance.
It is bad state of things Return aga
to the text of the Constitution, and spell
through its provisions in vain Tor any au
thority to deal with it. Toll through tn
eleven dreary volumes of the United State
I statutes, and ysu find narrow provision 70
the case of an iusurrectiOn in 3 State; bu
when State, as State, bOlts for all Practi
cal purposes outside Of the Constitution, ther
is no legal remedy.
} onexamining further, it is found that th
Constitution is based on the idea that th
States will remain in the discharge of thei
functions within the Constitution, and henc
it would not and could not provide for th
case that has arisen. Nor can Congres
within the scope of Its constitutional power
) legislate upon such case, for the COnstitJ
ton confers upon it now no power. la
The rebel States, then, having PRACTICAL.
e gone outside Of the Constitution, and carrie
: their entire State and governmental machine
Il ~ with them, must be followed out an
fought with, and overcome by means lyir
% outside of that instrument Men may stand c
its narrow text, and wiring their weak hand
y aad raise their foolish voices, and cry o.
against its violation, but unless they can cos
these bloody rebels back to be hung constit
tionany, they must go out Of it, and, dri
them or coax them back, or be content to
them go unhung.
4 Indeed, nearly all the effective steps tn
far taken by the Government in this Wa
u have been outside of the Constitution an
like everything else, it is most efficient VIII
u under the least restraint
: Under the law, man can only be arrest
Il on due process; the Government arrei
Is without process, and holds its prisoners
ie spite of the process OF the law, issued BY t
courts for their discharge. Under the Co
} stitution, libelous newspaper can only
le prosecuted at law-the President suppress
Is them; and if their editors grumble, they a
: very properly suppressed also.
A' A great city becomes obnoxious its Go
s eminent is abolished, its officials imprisOne
Is and its citizens overawsd BY cannon plant
= in its streets.
1t Theentire Government Of q great and pol
: erful State has been set aside at the eommar
of subordinate military commander, Na
the sea coast of one half the Confederaey HI
been blOckaded and put under the guns
; our navy at the mere word OF the Presider
Cromwell got rid of the long Parliame
I, by means not wholly constitutional. II
first Napoleon did not use due process
= law" for the dispersion of the council of f
hundred. And Mr.. Lincoln BY means l
more legal, has just relieved the Sta'e
Maryland of traitOrous Legislature, by a
resting its members, and packing them off
: one of his strong fortresses
: Each and all Of these exEaordinary &C
were of the utmost importance, and f
them the President viii receive the gratituC
: of a country preserved by them, but the
scarcely entitle him 10 be called the preser'
er of the Constitution, for in that he four
no shadow of authority for any ofthem.
q These matters furnish subjects for Il
i grayest consideration Of our poop
I and Il is time they educate themselves
L reference to them, so as to be equal to Il
Z occasion 80 rudely thrust upon them. The
n maybe obliged to choose, and compel theirgo
ernment to choose between the Constitute
d and country, fer an ordeal may be upon US
q fearful, that both cannot be preserved. Y
e have seen that the principal means that ca
be used, and the most efficient that have bee
it employed are not found in the provisions
> that fundamental law. They are not d
rectly prohibited by it but lie outside of
1t would be small glory to the EHecutiv
10 and less consolation to the people, if in
final ruin that may overtake us, the Const
4 tuition should alone escape. while eyefv:hin