Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-10-22
CONSTITUTIONAL DISCUSSIONS.


For many years, before armed sedition stalked
through the lanl, there obtained in our current
political discussions teasing subtlety which, by
rehnements of logic, sought perpetrally to limit and
reduce the legitimate power and dignity of the
National Government under the Constitution.
Questions of constitutional law too often degene-
rated, under the influence of this caviling and
litigious spirit, into mere theses of metaphysical
disquisition, having the form without the substance
of high debate. And it was the natural conse-
quence Of this csptous criticism that constitutional
augmentation gradually fell into much disrepute
among plain and practical people, who saw in these
artificial determinations the marks Of the sapper
and miner of the Constitution rather than of its
candid expounder and faithful defender.
Now that civil war, with its tremendous issues,
has hushed this strife Of tongues, there is danger
that the popular impotence at all constitutional
arguments may set in a new direction, but conduct
to equally unfortunate results. The people grew
justly intoerant Of the political logomachies for
merly Joined in the field of constitutional discus-
siop it would seem for tho purpose of sittering
away the rightful powers and prerogatives Of the
Federal Government. But for this they cannot
though they involved nothing more than jargon
of terms and distractions. An excess Of punctilio
as to the letter of the Constitution at one time,
can afford no excuse at present for a contempt Of
its words and commandments. 1t is true that the
actualities Of the fierce strife in which the Govern
ment finds itself engaged have tended greatly to
simplify the political issues upon which the loyal
people of the nation can divide, but they have
not availed in any degree to modify the sanctions
of the Constitution or to release the rulers and the
ruled from the obligations it imposes. 1t would
be more just to say that the circumstances in
which the county is placed call for more simple
and reverent obedience to the supreme law Of the
land. The practical rule of civil duty which that
organic law imposes all good citizens, alike in
public place and in private station, has probably
pever been better enforced than in the following
remarks of the illustrious statesman who, while
living, was held in reverence by his countrymen
as the great expounder and defender of the Con-
stitution. We quote, of course, from Daniel
Webster:
"Anoher object Of the Constitution take to be such
10 common to all written constitutions of free Govern
msuts; that s to fix limits to delegated authority; Or
other words to impose constitutional restraints poi-
cal power. Some who esteem themselves republicans
to think other security for public Liberty
ry than provision for popular cho of rulers If pc
lca power be delegated power, they entertain little
fear OF its beng abused. The peoples servants and IA,
vorites they think may be safely trusted Our fathers
certainly not OF this school They sought to make
doubly by providing, in first place. for
the election of political agents by the people themselves
at short intervals and in the next place by prescribing
constitutional restraints a branches of this delegated
authority It's not among the circumstances Of the
most omnous for good that diminished estimate appears
be placed those constitutional securities d posi-.
ton is but too prevalent to substitute personal confidence
for legal restraint to put confidence rather than
principles and this disposition being strongest most
obviously s whenever party spirit prevails to the greatest
extent it is not without that fears entertained
of the existence Of spirit tending strongly uDlmit-
ed if it be but elective Government Surely, gentle
men, surely this Government can 90 through such
change Long before that charge could take place the
Constitution would be shattered to pieces and The Unto
of the States become matter Of past history To the
Union, therefore, well to- civil Liberty every
rest we enjoy and yaue to all that makes proud
of our country, country lovely in eyes,
dear to hearts, nothing be repugnant,
nothing hostile, nothing directly destructive
than excessive, unlimited, unconstitutional con I'D in
nothing than the doctrine that official sgsnts
may interpret the public will in their way ia defiance
Q, the Constitution and the aws that they may
any thing for the declaration Of that will except the Con
stitution aud the laws Themselves that any public Off
high low, should undertake to constitute himself
to call himself the representative Of the people, except
far the Constitution and the laws create and denom
nate him such representative. There is usurpaton
dangerous that which the borrowed name of
the people If from other authority other
be mped to be enforced upon the people,
they naturally oppose and resist it, 1t open enemy,
aud they ehsy subduei it, But that which processes
to act in their and by their authority that
which calls itself their servant although it exercises their
power without legal right constitutional sanction,
qures something more of vigilance to detect and
thing more OF stern patriotism to repress and if not
onaby both detected aud repressed then the republic
already in the downward path Of those which have gone
before it. hold therefore, gentlemen, that strict sub
mission by every branch of the Government the mts-
ons and restraints of the Constitution is Of the very
sence OF all security for for the preservation Of liberty;
and that be true and intelligent friend of that
liberty who will consent that any in public station
whatever hs think Of the honesty Of his motives shall
exercise enact authority above The Constitution and
laws Whatever GoveInm mt is not Government Of laws
is a despotism, let II be called what it may"
RECRUITING SLAVES IN MARYLAND.