Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1862-04-30
Con.s,tu,ienniL.aw.

assumes magnitude far above that OF objects not
present to the view, and the danger thus arises
that the passion Of moment may ruin the aims
OF a lifetime
Ii We should crush the rebellion by sacrificing
the freedom of our institutions, every one would
look back with regret on the terrible failure OF
the whole thing. Ii tbe grand principles of our
Government should be changed, and We should
emerge from the present struggle nation of
AbolitiOnists, or a militry power with military
head, or a mad Democracy unrestrained by
Constitution; If we should find ourselves some
morning rid Of the rebels, but also nd OF the
great American system, with one grand central
power and Constitutions, and all the checks of
our laws and institutions done away with, there
would be reason for saying that fatal error had
been made in the means to suppress the insurrec-
ton. Yet il cannot be denied that there are men
in all parts of the country, and men in Washing
ton, IN places OF power and trust, who in their
anxiety to do the great work of the day, 20 put
down the rebellion, lose sight of the real object
TO be accomplished, namely, the salvation of the
Union and Constitution. Hence il is that whtn the
objection is raised that any proposed measure is
unconstitutional there is disposition to treat the
suggestion as iactious, and some ardent men 90
Tar as to charge sympathy with the rebellion
on every man who objects to unconstitutional
law. The danger is that the disregard of consti-
tutional provisions and prohibitions may become
so common as 10 create disrespect for the tunda-
mental law of the land, and the tendency of all
this IS toward central power at W ashnghton,
unchecked by the sovereignty of the States which
compose the Union Already men demand such
a Government, and discuss the propriety of es-
tabli.hng it. Ii such demands and ideas not
checked at the outset may drift rapidly into the
worst form OF popular mobocracy, which is tyran-
ny. Governors of States do not sufficiently reflect
on this subject. 1t would probably be esteemed
a startling doctrine to teach that the Cove nor of
New York may 10y proclamation suspend the
privilege Of the writ of habeas corpus, and vet
the Governor i. in all respects competent To do
it a. the President of the United States, aud ex-
ercises within his State as high powers and is
charged with great responsibilities as the Pres
ident in his broader jurisdiction. But a general
impression has been allowed TO gain ground that
in some manner the Governors were but subOrdi
nate officers to the President, and that in all
things the State is tie inferior of the United
States. and the subject of its sovereignty. The
Constitution of the United States is the supreme
law of the land, but it is only supreme in those
matters OF which it takes cognizance, and wher-
ever it does not deprive a State of power, there
the State not only has the power, but alone has
il, 10 the exclusion of the United States. Ii Is
not our purpose to discuss this subject, so familiar
to all thinking Americans, but it is our object to
propositions of the day. on the part especially of
the anti slavery men. all look to the erection of
great power at Washington, superior in every
thing to the several States of New England, or
the West or the South. If the plan proposed
and still advocated by them, should be adopted,
of treating States as suicides, and claiming the
right at once to govern them Territories, we
should at once sacrifice the American system and
plunge into the great errors against which we
fought anu won the victories OF our revolution.
The new principle is founded on the idea that the
United States Is the heir to a dead State, an idea
which does not exist in law, and not be main
tanned under our Constitution. But it also rests
on the theory that when majority of the citi
Zens of State are rebels, the State is a rebel
and the minority Is at once dead with the major
ty The result of the doctrine is that when
Massachusetts by statute aud by practice, annuls
fugitive slave law, and thus rebels against the
constitutional authority of the United States, it
is competent for the latter to declare the State
feIo de Sc, and enter on her powers and proper
ties.
But the plan goes further still, since il prOpo-
ses that the United States shall succeed to the
sovereignty of State. Prisoners in the State
prisons of IA State thus declared dead, become
prisoners of the United States, and are TO be
treated by the President as If he had pardoning
powers in their several cases. Debts due by the
State arc 70 be assumed by the United States, and
made chargeable on the lands of the people who
may happen to inhabit them. In fact all that Is
ordinarily implied in the succession of Govern
ment the rights and liabilities of another, is
the necessary accompaniment of this new and
straL re proposition which results at once IN Civ
ing to the United States those identical powers
which in the Constitution are expressly prohb-
ted 1t is in effect declaring.that although the
United States may not exercise certain powers in
the States under the Constitution, yet she may
exercise them outside of the Constitution and out
side of the States. In this way we should have
limited Governmental its relation TO the States,
but an absolute Government in its relations to the
territories, once States, but now conquered prov
inces. This would soon end the American
Union and Constitution We need not pursue
further the Illustration. 1t IS not alone IN this
proposal, which indeed has not met with great
favor, but in others, that gentlemen who ought to
be statesmen, ObliviOus of the constitutional
limitations of the power of the Government. IL
is shown in the willingneSs'to pass bills of doubt
ful constitutiO atty, pretty severe stretching,
and that it will here .fter serve great many
purposes which il was never before thought Ca
pabe Of There have been bills before
Congress, whose unconstitutional features were
plain To all men, but which were urged by mem
bers, who probably forgot that there is Supreme
Court, and that after war comes peace, and that
this is the last yearof the world, the last
year of the COOL calm, judcious administration
of law We expect the country to survive the
present war, the present century, and all that is
now done in the way of making laws will be re-
viewed by the people. and by the lawyers, and by
the good and great judges who will be on the
benches of our courts and who will administer
the calm principles of law which outlast periods
OF excitement like this. COnhscation acts, with
reckless sweeping "bills of attinder" provisions,
will be declared null and void by these enligh,-
ened judges, whatever their political character.
Even the theory of remodeng the Supreme
Court. and making for it new bench OF judges,
will not save such bills.
Is il not well. then, for gentlemen to consider
that this fierce style OF overriding the COnsttu-
ton will one day be checked 10y the wise provis-
ions of our laws. that their plans for saving
the nation and Furnishing traitors may be defeated
by their own desire To accomplish too much; and
what is equally 10 be avoided their disregard of
the Constitution will tend TO produce general dis
respect for the instrument which Il our natural
life. Let W. have 10 legislation which VIII re
quiFe a revolution Ia make it opera'iv or to
keep il 80 in time of peace.-N. \. Journal Of
Commerce.