The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-06-06
National Convention 20 Amend the
ConstitutiOO.

bill. Senator Benton objected 10 Il on the ground
that it had too many stump speeches in it,
stomach. In the same sense tbe present cosst.
tuition OF the United States had several small
rebeliions and great civil war in its stomach
We believe that our recent troubles have pretty
thoroughly purged the constitution of such dis
orders; but others remain which ought 10 be
attended 10 III once. A national convention OF
all ,tH tates to settle all disputed points would
pleas ~ parties, and give us firm ground to
trea" .'f.nn for the next century. II ought TO
be cai.cd without delay, and the civil business
of this war could then be wound up az hand
somcly as the military business has been.
Nothing is to be gained by having constit,l-
ton about any of the provisions Of which there
can be reasonable doubt Everything in the
constitution should be perfectly clear and
precise.
The trainers of the constitution were men
wise in their generation; but they were not
wise enough for this generation. They pro-
vided for thirteen States, not for thirty-sx
The powers sufficient to quell the Whiskey
rebellion could not suffice for JEFF. Davis nam.
moth rebellion. 1t followed. as matter of
course that the government had either to adopt
extra constitutional measures, or allow the
course, and were gloriously sustained by the
patriotic people. BY the light of the dreadful
civil conflict through which we have passed
we see that the constitution as it is does not
come up to our ideas of the constitution as 1t
ought to be. Fourth of July appeals to our
forefathers are all very we'll; but it would be
strange IT, after all these eventful years, we
did not know at least a little more than our
worthy but old fogy ancestors. The mother
and father of an interesting infant provide him
with elegant baby clothes, which fit his tiny
figure admirably; but when the infant has grown
to be man it would be very absurd to insist
upon his wearing those garments because his
parents made them for him. Just as absurd is
it to insist that this giant of nation shall con-
tinue to wear the constitution provided for its
infancy, but which it has long since outgrown.
President Buchanan prOtessed to believe, at
the beginning of our civil war, that il was his
duty to give up the Union because there was
no constitutional way Of saving it. Many silly
people entertained the same notion, and would
not listen to the HERALD's call for troops.
When President Lincoln came into Office he
was perplexed as to the proper, constitutional
method of putting down rebellion which had
never hestated for moment to try to put
down the government by any possible method
We wasted couple of years in talking about
an instruction; and a. soon as we got through
talking and began TO make war the rebellion
began to give way. The constitution should
be so amended that in case of any similar out
break the President would know just what to
do and how 10 do it. The nation ought never
again to be left at the mercy of a stupid, half
hearted blunderer like Buchanan, who was so
befogged by the mysterious question of State
rights that he could not make up his mind
whether the capital of the United States was at
Washington or Richmond until Grant opened
his eyes few weeks ago.
The suspension Of the habeas corpus the plea
Of military necessity, the practice of political
arrests without due form of law, the trial Of
civilians before military tribunals and the
thousand other vexed and vexing questions
which have arisen during the late war, require
attention. Here is an immense power which
put TO belong to somebody, and which every
body has claimed because The constitution does
moi say who shall possess it, We have seen
hat some SUCH power, more or less unlimited,
Is indispensable in cases Of emergency, and the
people, who have submitted to its. exercise
with extraordinary patience, are willing to be-
stow it upon some branch of the government,
o be used when required. Bat IL is
important llnt such power shonld he
restricted 10 certain crises, and
i il even more important that the people
should know to- whom ibat power belongs. We
have often heard the Secretary Of Stata'and the
of War tinkiiug their little bells at
The same time most inli,srmoniously. We have
had the President pardbnng those whom the
Secretaries hsve punished, and the Secretaries
these whom the President has par
doncd. Al various times there have seemed to
be quite serious, conflicts OF authority, and at
other times only the good nature and good
sense of the. people. lave avered dangerous
difficulties. All these matters, Then, should be
speedily settled definitely and satisfactorily,
by an amendment Of the constitution.
But not only do the rights of the government,
the rights Of the people. the rights Of the courts
and the rights Of the army require revision--
th, rights Of the ss,ai,-s are also to,be consd-
cred and adjusted. II his war haa decided
anything. il hss decsdcd that The old State
RICH doctrines are iaadmissibe. State rights
are much more dead Than slavery. Still,
although slavery is practically dead, we
are in favor Of an amendment 10 the consttu-
lion 10 bury The peculiarly obnoxious insiitu-
lion legally, finally and individually and we
are in favsr Of a constitutional amendment to
bury State rights in the same war; In life these
two rebcllious institutions have nearly always