Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1865-12-16
LAW. AND INTERPRETATION.

Is it possible for human society to es-
tablish 4 rule Of action ard abide by II?
II has been tried in all ages and by all coun-
tries, and yet the shifting condition of peo-
pies, the changes of dynasties, and the in
stability of ideas themselves have postponed
a solution of the question TO the present
moment. The laws of the Modes and Per
slams undertook to model the rights and du-
ties Of society upon an Interchangeable idea !;
and it was established at one time and in
one place. that no man should grow taller
than his neighbor. Since then the idea OF
social and civilized life has been made more
permanent and certain; but the applica-
ton Of that idea, through the forms and
language of constitutions and laws, seems
to have been reduced still more enigmati-
cal by the uncertainties of expression and
the vagaries Of Interpretation. 1t is little
singular for example, that the longer we
live in this country, the greater become
our diversities Of opinion as TO the true
meaning and Interpretation Of the words
used in establishing the Government. John
Adams and Thomas Jefferson took wholly
| different views Of the theory Of our institu-
tions, az well as of the import of the Ian
guage used to give them form, and consis-
tency, and practical effect. But they never
! dreamed Of the accrctions that these differ
ences were to receive in the practical pro-
gress Of the government which they united
| 10 bring into existence. The idea of Repub-
lican government deriving its Just powers
from the consent of the people who com
posed it, was simple enough; but when il
was applied, there was a very serious diff
Guilty in finding language equally as simple
and plain, in which to define its application
and functions in an organized governmental
system; and, hence, the people have been
guarding over it, in some shape or other
from 1889 to 1865
The defect may not be so much in the
Constitution and early laws, as in the loose
ness Of thought and expression which has
obtained in later statues and especially in
the general discussion arising upon the sub
jects of difference Our expounders, in the
halls of legislation, on the stump, and in
the press, have given away to hasty and
unconsidered course of exposition and argu-
ment which has confused the general public
mind, rather than enlightened it. The
truth is the tendency of all political speak.
ers and writers, is to talk too much and
write too much. 1t is bat seldom we en-.
counter one of either class who does not sac.
rifice substance TO form, to greater or les:
degree.
Another difficulty is that, in the rapid
changes which our progress urges, we obtair
ncw ideas, inconsistent with those entertain
ed by the trainers of the government, and il
our efforts TO reconcile the two, without VIC
lence TO either, we resort to construction OF
interpretation and so unmoor the whole svs
TEN, and trust ourselves to the whims anC
fancies Of each and every expounder who's,
position may intrude his views upon us.
We must take the law as it is, be it or
ganic or statutory, and adhere to it. If il
does not answer the demands of our circum
stances we must alter it till it will, and al
ways stick TO its letter--taking care also t.
make its letter expressive of its idea anc
essence.