Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1865-12-20
nANGEROUs PRECEDENTs.

DANGEROUS PRECEDENTS.
The "slumbering powers of the Constitu-
tom! When such language issues from
the lips of the Attorney General Of the Uni
ted States, it may well suggest inquiry.
What are the slumbering powers of that in
trument2 Where do they slumber? When
are they walked? Who, and what works
the spell2 Who wields the wand that dis
enchants, and restores to activity? The ex-
preston will not bear test either as a fact a
figure Of speech, or an establishment
The Constitution Of the United States is
the great chart OF government for thirty or
forty millions of the most intelligent people
known in the worlds history. Its spirit and
principles are ever alive and active, and its
letter is legible and Ineligible. To speak
Of the whole OF part of il as slumbering and
inert, is almost as gross an error as if one
should say part Of the laws Of Nature were
in abeyance. The thing cannot be. Rightly
interpreted and administered, il operates all
the time and like death, equally in the pal
ace and the cabin. War, pestilence, and
famine, nor peace, health, and plenty, can
work changes in il, either TO suspend or stu
pity into sleep or 10 excite or invigorate into
increased activity, the whole or any part of
IT, Like everything human, it is not UNI
changoable, but while held rs the fundamen-
tai law, il is in full exercise of all its powers
al fip,aa and
cies. il can know no lapse of life or func-
ton, except through the ignorance or peril
dy Of those called to administer il, or when,
ia the mad spirit of revolution and anarchy,
the people violently repudiate its obligations
and sanctions.
In such circumstances, We can understand
how il may slumber in part or die az a whole.
But We cannot understand the first law Of
iicer of the government, when, in grave
argument, he speaks Of its "slumbering
powers"-powers dormant and active in
turn-powers to be evoked for exigencies-
powers only discoverable when needed for
use. In the mouth Of high functionary,
charged with the Interpretation Of the law,
the expression-simply as such--is mpar-
donably loose But if there be ground, 10
the mind Of a free people whose liberties are
enshrined in the instrument passed upon, to
suspect, that under cover of general and in
accurate terms, there is sought to be estab-
lished claim to ungranted prerogatiye, the
ofecne is much greater. We do not SO
charge in the present instance, but vigilance
is the behoof Of people who wish to pre-
serve their freedom.
One proud and powerful mortal who, by
the accident Of birth and circumstance, was
invested with the rulership of his kind, said,
in the insolence of pride, am the State,
and in this, he comprised the whole doctrine
Of the divine right Of kings. In a
form more OF less absolute, this principle
has been the essence Of the governments, TO
which nations and peoples have submitted,
for much the greater part Of the time since
governments were instituted among men.
The greatest and frecst nations of antiquity
were ruled under this doctrine, except dur
ing comparatively brief periods in their his
tory and many wise men who have made
the philosophy of government their study,
are vet skeptical whether any other than
some modification Of this system is practi-
cable.
The feeling and the principle which gave
birth TO this governmept-which only ox-
lists by, in and under me Constitution-was
in direct mtagonism 10 this one-man princi-
pie. The incompatible men who framed it.
believed that such plan of government as
ours, was practicable, and could I've made
successful. This Constitution which we inhe-
rit from them, is the collective viii and SUI
prcme law Of people, each one Of whom is
a sovereign, in the sense that he knows no
political superior, and that he reserves the
right to participate with his fellows in max
ing whatever alterations may become neces-
gary in il, and in choosing its administrators.
The essential difference between free repre-
sentative governments and all others, lies in
this feature. In the one, the prerogatiycs
are prescribed, defined and limited, subject
only TO extension by the fiat Of the governed.
In the other, they are general, indefinite,
and liaLe 10 be extended, 10y one, or a few,
regardless Of the wishes Of tho many, no
matter how deeply their rights and Liberties
NAV be involved. These are trite truths,
but il Is bv frequent recurrence to them, that
they are kept fresh and perennial in the
minds Of the people; and there has been no
time when their restatement was more
needed than the present
1.-THE revolution of l776 effected any one
marked, and definite change in the political
condition Of the people Of the United States,
!, Is the one we have noted. The philosophy
of the movement which founded this Govern
ment was to make the people, the State; the
S,.,e-the Government the voice and vehicle
Of the popular willard the officers OF the
Government, the scryitors Of that will. This
Is the true relation Of this people 10 the Gov
eminent, and any departure in practice from
.bis fundamental theory, endangers the lib
er.ies of the people. Ii is the nature OF gov
.vnmentsL as il is OF men when invested with
mower TO strengthen aud add TO It. Tins rs
a. sea,ure which must constantlybe watched
The nrocess Is silent sometimes, but If IN
checked il is sure, and before coniiding
people arc aware, their form Of goyernmen