The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-09-11
Constitutional study Needed

Constitutional Study Needed.
WE look upon the issues this fall as involving
fundamental constitutional questions Of the
gravest character. Beneath all the froth aud
foam of the excited discussions Of the hour,
there is a vital principle at stake one that
goes to the bottom of our Government.
The internal working of our Government
has so lar in our history been very smooth
and harmonious. This has been owing,
doubtless, to the fact that the three great
branches of the Government-the Legisla-
tive, the Executive, and the Judiciary-have
carefully refrained from touching upon one
anothel's powers. Their functions are utterly
distinct, and are mapped out in the Constitu-
ton In the planest manner. So long as each
confines itself to its appropriate and legiti-
mate sphere, no discord or jarr.ng is posi-
Bile. No matter how diverse may be the
views OF the different persons at any time
occupying these departments, still there is no
occasion for any friction in the actual work
ing of the governmental machine. For in
stance, the Judiciary may think the Legisa-
tive department unwise, or the Executive
may cherish different opinions from them
both; still, so long as the Legislative depart
ment confines itself to its legitimate func-
tions as prescribed by the Constitution, so
long as the Executive confines itself to its
own duties, and the Judiciary to its. no col
lision is possible. Fortunately, In the past,
such has been the practical working OF the
various departments Of the Government.
Now, however, thrown tace to face with the
questions growing out Of the Rebellion, ques-
tions of most momentous and far-reaching
interest, a dispute has arisen as to what de-
partment of the Government their solution
rightfully belongs. Such a dispute, it is evil
dent, is of far more dangerous character
than the ordinary political questions which
engage the attention of the people. 1t is one
| which calls tor the most dspassionate and
careful consideration. Aside from the mag
nitude OF present issues, there are involved in
| it plecedents which at some future time may
work a vital change in the Government.
Without attempting, at the present time, to
| go into any discussion of the question ITSELF
we simply wish to call the attention of our
readers to it, and to urge upon them an
! examination of it for themselves. Let each
| Uau Jake Uue SOuSJlIuGlOu, anu SIuuy care
| fully the functions assigned to and the powers
conferred upon the several departments OF
the Government. Then let him study, with
equal care, the great question of recoustruc-
| ton, and see to which department of the
| Government he thinks it rightfully belongs
| Let him consider whether the recognition of
| States that have lost their Governments
through rebellion; whether the prescribing Of
terms of suffrage, qualifications for office,
and the provisions Of State Constitutions !;
| whether the readmission of States into the
Union that have voluntarily abdcated their
functions in it, and formed new and uncon-
stitutional alliances, is a work OF the LaW-
making or the laU-erecutiag power. If he
will do this carefully and thoroughly, he will
be better fitted to form an intelligent and
correct judgment upon the questions of the
hour, than he would be by reading or listen
ing to thousand mere partisan harangues.
What we need now is constitutional study.
1t is not always they who boast the loudest
OF being its supporters, who either best under
stand its provisions or are the most willing
to abide by its teachings, AS Madame Roland
said of liberty, so may we say Of the Consti-
tution-"How many crimes have been COM
mitted in thy namep