The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1863-08-21
Have We a Government

Resotred, That there is a manifest differ
ence between the administration of the gov
eminent and the government itself. The
government consists of the civil and political
institutions, created BY the constitution. and
to it the people owe allegiance. The admin
istration are but the agents of the people,
subject to their approval or condemnation,
according to the merit or demerit of their
acts"
The above resolution has been adopted by
the democratic state conventions in Vermont.
Maine, Ohio and other states, and the dogma
is insisted upon by democratic politicians in
speeches and letters, as the corner stone Of
their political faith. Mr.. Bradbury of Maine,
in his letter to the convention that nominated
him for the office of governor, says "Oppo-
sition to the present war policy and war
measures OF the administration, is not OPP
position to the government. The admins
tration is not the government"
AS the dogma is new, and is obviously as
sumed as suhterfuge to cover and Justify
an organized opposition to the measures of
the government for prosecuting the war and
putting down the rebellion, it may be proper
to examine its import and to expose its fallacy
LIST, It's import. The assumption by the
democratic leaders that "the administration
is lot the government" prepares the way,
not for the expression of opinions, for this
right is not infringed, but for absolute resis-
lance to the policy and measures of the gov
eminent, and ultimately for the withdrawal
of individual states from its support. This
is Swallowed forth in the state papers and
letters of Gov. Seymour, and openly express
ed in the democratic newspapers in New
York, as also in political speeches.
Gen. Anderson in The democratic state
convention III Maine, pledged that q" if Mr..
Bradbury should he placed at the head Of
the military Of the state, he would protect
the rights of every either, whether those
rights be invaded ~ the national administra
ton or By any other power" That, the
governors OF New York aid New Jers Y
(4ud Tom Seymour who would soon be COVER
nor of Counccticut Withdrew the troops from
those states, Bior Bradbury would withdraw
tie troops of Maine"
ID, Us Fuiia~y. l.. all history-in diplo-
matte correspondence, and public state pa
pers, the responsible administrators Of na-
tonal affairs are styled The yot0nmeM. We
speak Of the government OF Great Britain
meaning the British ministry and the Queen.
OF the French mountaineering Louis
Napoleon. Of the American government
meaning the administration in office for tins
TIM beng.
Thus Lord John Russell, in correspondence
with Lord Lyons, the British minister al
Washington, speaks of the oriioa of tie
American government, meaning the admin
istration. He treats the government a. the
active responsible power; not as "tnr civil
and political institutions created hy the con
stitulinn." SO IN th- distractions gwen by
our government, 10 foreign ministers. Tie
secretary Of state uses the term the British
government, the Spanish government Nc:
not the British administration or ministry.
But in all such cases the responsible admin
.strators Of the government are intended.
Tie constitutional preroya'iceS Of the 4oc
lnmcm. The government of the United
States, that is the administration for the
time being, is the power to which the people
owe allegiance. The people may change the
administration at the next election, but, I'M
til then,the administra,ion-the government
may enforce all the measures Of public poiity.
In 1919 the supreme court of the United
States, in case concerning the |. s. bank.
laid down the following principles Chief
Justice Marshall. in delivering the opinion
of the court, said:
"The powers given to the government I'M
ply the ordinary means of execution, and
the government in all sound reasoning and
fair Interpretation, mus: have the choice of
the means which seems the most conve-
nlent and appropriate to the execution of the
power" Again he says: " If the end be le-
climate and within the scope Of the consti
tuition, all means which are appropriate and
plainly adapted to those ends, and which are
not prohibited are lawful"
This decision of the supreme court Of the
United States sets at rest the question of the
constitutionality of the draft for reinforcing
the army. According to this decision, if the
prosecutor o; the war for putting down the
rebellion be Legitimate end, and within
the scope of the constitution" then the draft.
which is among " the means which are ap-
proprlate and plainly adapted to that end, is
lawful" EFF.
Owning Up.
A late number of the Argus and Patrio.
vonches for TIE politics CT the rebels as fol-