, 1863-01-23

and corrective Of excess Of liberty.
u, In Richmond, where we reside, the declara-
sured the people, and given a feeling of safety
and secutity to all our citizens. Liberty Of I
speech and liberty Of the press are sufficiently |
restricted by stringent public opinion, which
no man darcs tamper with. II they were not
thus restrained the public authorities would |
one who, By indiscrcet talk and indiscreet I
writing, Jeopardcd the public safety, You
meet ut every corner Of the street armed men, |
who preserve order, keep the peace, and turn !
over to summary punishment the criminal |
exfortioners punished, and fhe % maki1ae Il ~ o. |
vending Of liquor strictly prohibited
This Is not liberty, but the reverse of it,
yet none but tile corrupt and criminal object |
to 1t. The right to cheat and 5wlntllc your |
nc5ghbor Is suspended for the present, aud 1t
may be that hereafter, whcn peace is restored,
that we may discover that this free trade
principle is; not Indispensable to the we'll
Icing Of society. = ~;
Our present experience will teach us nm
other valuable lcsyon, to wit: "That limited
governments, or governments with written
Constitutions, arc unnatural and impracttca-
bic" England Is, in tho true and only true
bnt there the only limits to the power Of
government arc time honorcd .pfeccdents,
and the checks and balances which commons,
lords, the church and the throne interpose to
each other. Hence, 1t has been truly said
lint King, lords and commons may do any
government "at nil points ready to meet
antl apply the proper means to any cxigcncics
that may arfec, and to WELD tho whole unrc.
strictcd power Of the nation to cope with any
inilnica1 people. No ono can foreseo what
day 1uay bring forth, and therefore 1t is rash
and nnTfEn nTpErrShr fYn6 harJ
rules for our future conduct, and still more
unwlec and rash to prescribe such rules for
the conduct Of Others. What wonld become
Of q Child II, the jos.!c and struggle Of life, II
through life, .,rictify prescribing WHIT It
should and what It should not do, were to be
tile guide Of its conduct through lift. 4 hu.
man being With such limited powers Of nc.
ton, would not be greater absurdity than
government Of II nation similarly limited, for
ous, co1!plcx md unforeseen us those Of lndl-
yidual life. Yet written constitution ls
programme Of conduct prescribed ut tho
birth of II nation, FOR its future conduct
throughout nil time. Or Ut best It is IN At
tempt to ,nakc IN organic law, which may
not be changed readily as occasions for change
The Constitution Of our Confedcracy pro-
yidcs that "ailer the 1st of March, 1903,
the expenses Of tho Post Office Department
shall be paid out Of its own reycnue.n Ifthis
be done, The, people will be deprived
travelling facilities, and great Inconvenience
and stagnation Of trade Will occur And vet
there is little probability that change Of CON
stitution can bc made soon enough to meet
tle emergency. Such regulations arc tile
proper subjects of statute 1aw, which can
readily bc made or changed to suit varying
occasions.
A nation trammcled with written consti-
tuition IL like man with his hands manaclcd,
lts capacity, for action is crampcd and dimin-
Islcd.
Our Confedcracy, like all other nations and
confedc1acics, Las an unwrittcn constitution,
which consists Of the sympathics, instincts,
community Of interests and necessities that
brought us together and will hold us together,
and in the institutions and laws which VIZ de-
rived from England, gradually and inscnsibly
modified TO suit our republican society. This
unwrittcn constitution, like all true constitu-
! tions, has been the work OF nature and Of
| time, and whcn closely analyzcd, will bo found
| to be nothing more than that social status
| which is rs old as man himself.
On the other hand, our written constitution
| is onc-half 4 mere league or treaty between
! Sovereign States, and the other, statute law,
| which will require frequent change, aud yet
| Is 50 nW}swardly contriyed that timely changes
ean scarcely ever be made. Neouglt to hare
Il convention every two years to modify the
eonse.ataon, sa LIN 20 Us .e aoaRt a 10 new sSlgen
~ t l'tn ,.a{tt; hns ite4ugnt t t1 eaanges
tru.n mere statute iaws, which can seldom
PROVIDE loE tue olstan1 ialufe.
AHol our great statesmen and )urists have
heen as bind as bats on this subject, and
quite oserlookeo our real, natural, God-giyen,
cd themselves and their readers with learned
dlsqnlslItons On Wf1tten constitutions which
were NOT, and ~ me nature Oh Things never
coulu De, CONSTITUTIONS at al Not constitu-
t tions, nor whit more like constitutions
! than horse Is llkc an aldermen. Tue doctor
Which he administers to his latient @ fpr f' the 5,e
patients Goinstiiut,on' would be deemed a
Ercat pIoekncaa put pIeclscly such Dlock.