Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-04-16
PAUL AMBROSE.
LETTER III.
8 f G u s S / o N
JANUARY, IL,


FEBRUARY 1863
1t has been often said that the idea of restricting Gov
eminent to written constitution aacy that such
constitution s inevitably incapable of providing for the
emergencies of national progress The real constitution
Of nation lies deeper than its visible ordinances-n the
character habits and customs of the people, which do not
admit Of complete expression by instrument Of writing
The written fundamental law provides only for what s
foreseen, and is therefore, but imperfect wisdom. What
is not oreseen lies 10 the breast of the nation be taken
Of when into view, by such mode Of disposal
the may require either by process appointed for
amendment which is always slow aud uncertain or by
gradual and impercpble adoption which only the work
Of years. quick to such power at hand to
meet exgency which the nation recognises as neces-
sity too urgent for delay In the other of these
modes nation organizes itself and conforms it's institu
tons TO its needs II crystazes the forms
to it's special quality Thus all orderly maui
tested as growth, and not merely as formula
We have something Of verifcaton Of this opinion in
the changes which have already cept into our Consu
ton by the side paths Of usage and in the constant ten
dency towards change which if not has yet
given birth to many party contests TO procure IT, The
practical alteration Of the mode Of electng the President
is example, the acquisition Of territory in the pur-
chase Of Louisiana is another the enactment of
legal tender and the suspension Of habeas corpus are nta
tory movements IN the same direction and he regard
ed primary utterence Of necessity which in time may
grow into established law. We may readily enumerate
cases in which the CoDsttutoBthough but seventy
four years odhas been modified at least settled by
construction and it is somewhat noticeable that in most
OF these expansions If not nvasons Of the letter the
strict constructonists have led the way You and can
remember when the party most active in urging the
Government to make railroad TO CALIFORNIA; was uncom.
promising 10 it's denial Of rover construct the Cumber
land turnpike Some Of them 40 conscientious az TO
refuse vote for paving the Penney lyania avenue
These scrupes are obsolete not because the writ
ten law changed that il ia discovered TO admit Of
new meaning but simply because il does not meet the
gencies Of national growth change in the organic law
has been effected by conructonthat is 10 say nv sdd,
something to the Constitution taking something aw,y
from 1t, or otherwise interpreting ts meaning
cannot 6ud fault with this gradual adaptation os th
fundamental law to the wants Of the nation In general
il heabfu mode Of change, and is ordinarily the
natural expression Of necessity tact acknowlede
ment Of the will Of the nation that its institutions should
DO moulded TO the public convebienceand is apt to be
wiser process Of amendment than that prescribed by law
1t in the track Of experience and does not 20 be
yond its requirements Such amendments indeed are ex
ptences not experiments We thus insensby get out of
the trammes Of written constitution by building upon