Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-01-19


| from and upheld by the popular will, which
seeks not to palsy the will of the constitu-
ent;" and that Is, that the Federal Govern
ment Is one of limited power, derived solely
from the Constitution and the grants of
| power made therein that its powers ought
to be strictly construed; and if upon such
constructions found therein, to be strictly
pursued, with all the vigor of their consti-
tutional sanctions.
Finding this clause of amendment in the
Constitution, with no doubt upon its fea-
lures, | must bow to its supremacy. Even
though l may regard it as clear and un-
questionable, and admit the power in its
fullest expression, / may yet claim that its
exercise is dangerous and inexpedient. If
1t were doubtful power would not think
of exercising 1t, but since tits clearly grant
ed shall consult my own judgment upon
the merits of the proposed amendment.
| If then 1t be an exercise of an admitted
power, why not cOntine the discussion to
proving the unwisdom of its exercise I?
For two reasons:
| l. belive that the argument from lack
| OF power to amend Is weaker than the ar
gument against its expediency. 1t is a
settled rule of logic that fallacy. used in a
good cause, gives your opponent the adj
vantage OF apparent success in the conclu-
sion of the argument. l do not propose to
give this advantage to the advocates of this
measure. Believing that the power exists,
| am bound to- follow the example of my
colleague Mr.. Pendletonl and place my
vote upon the reasons which weigh most in
my judgment.
l find that the learned commentator,
Judge Story, regards this power of amend
ment as both useful andimportant. His
reasons are radical. He says, page G7S:
/ ion a. ~
be perfect and that it is impossible to foresee
guard against all the exigencies which may in diff
ferent ages, require different adaptations and modi
cations OF powers to suit the various necessities of
| tho people. A government forever changing and
changeable, is indeed in 4 state bordering upon
anarchy and confusion. A Government which, in
but assumes to be fixed and unalterabe~must after
while become wholly unsuited to the circumstan-
ces OF the nation and it will either degenerate into
despotism, or by the pressure of its inequalities
bring on revolution 1t is wise, therefore, IN every
or aia spS IN 10
ernment as time and experience. or the new phases
OF human affairs may render proper in order to pro-
mote the happiness and safety of the people. The
great principle to be sought is to make the changes
practicable, but not too easy; to due delber
alton and caution; and to follow experience rather
than 10 open way for experiments suggested by
| mere speculation or theory J"
Upon this philosophy he considers this
power of amendment; finds in It's mode of
exercise sufficient checks against its abuse :;
but even ifabused he finds that it is better as
measure of safety than if the powers were
limited. In his judgment there are no
limitations upon its exercise except those
specified; and the claim to abolish the in
ternal policy of State is not an exception.
10 These reasons for the clause of amendment
are the reasons why the power is so extern
siye. The mode of amendment was thought
to be so guarded as to prevent any unre-
publican or ormonarchical amendments which
would substantially change the genius and
scope of the Federal system of delegated
powers. lt Is, nevertheless, unlimited, ex-
cept IN the two particulars specified. ~
This power of unlimited amendment Is
an element of democracy. 1t has been the
characteristic of our domestic institutions
that our, ancestry, however prudent and
wise, did not tie the hands of the children
nor shackle their liberties by laws SO ire
vocable that no mode of change was allow
ed. In our State Constitutions this power
OF amendment has been and is being exer-
cised almost every decade. Why? On the
principle of Jeremy ,Bentham Bentham-
lana page 220, that at each point of time
the sovereign for the time possesses such
means as the nature of the case affords for
making himself acquainted with the ext
gencies of his own time. With reference to
the future he has no such means. He thus
argues against the transfer of the Govern
ment from those who possess the best means
to those who possess the least means of in
formation. Shall the past century rule the
present? No, not unless they are better In
formed or feel more interest in the future
generation thanin their owns Why should
we of the nineteenth century tie up the
hands of the twentieth? Why should the
dead forever rule the livingp Is tyranny
inexorable because it is established in the
past? Is law immutable because made
| by the fathers? IT the law be despotic who
then shall reverse 1t? From these general
principles he deduces the reason why /
choose to argue this amendment rather
upon its unwisdom than upon the lack of
power to make it. at is only" he says,
''when the law is mischievous that an argu-
ment of this stamp will be employed to sup
port it. Suppose a law good one it will
be supported, not by absurdity and decep-
tion, but from its own excellency., A dec
laration that this or that, law is immutable,
so far from being a proper argument to en-
force its permanency, is rather presump-
tion that such law has some mischievous
tendency" .eFeE -
Now, Mr.. Speaker, if our polity, which
leaves all domestic questions to the State,
be wise, as l think 1t is-eminently wise
not because it was made in 1857, but be-
cause it is,suited to 1865, and our condition
now as well as then, why weaken the argu-
ment for its continuance by discussing its
irrevocable nature? Why not build its de-
fense on its intrinsic eXcellency? Why not
then from this fertilization thunder your
rifed artillery? Why, if it be so wise, ex-
haust your fulminations in trying to prove
that we have no power to change it in the
mode prescribed? nf
It Is in the light of these democratic
| truths that read the fifth article of the
| Constitution. L construct my argument
upon the perennial beauty, exquisite SYM
metry, aud enduring perfection of that sys-
TEN which reserves to the local communi-
ties their local interests, the very genius of
all permanency, the very element which Sc
dreaded by the gentleman from New York,
Mr.. Brooks, the happy accord of diverse
interests, e plurtbus un,tns many as the
waves In variety but one as the sea in uni
ty. stars upon one constelhted ensign, each
differing in glory, but upon the field of blue
allemblematic of the harmony OF the Fed
efal system springing out of the "brotherly
dissimilitudes' of the mingled States! 1t is
upon this foundation that would seek, by
reason and notify authority, to erect the
argument for its preservation against radi-
cal change. CEIF cgarwt6ri gaG 4.
Does it follow, as my friend from Iowa
suggested, that ! weaken my argument
against the amendment because argue It's
demerits while, acknowledging the power
to amend? l may object to an alteration In
my house, especially If it disturbs the
foundation and general plan; but must
change 1t fundamentally because am the
proprietor and have the powerP Ii 1t be