The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-03-20

checks and restrictions upon the wants
wishes, and will of the people whenever thew
should transcend its provisions This is the
theory of our form OF government. This is
the only object and use of a written Constitu-
ton. When it ceases to serve that end
when it ceases to interpose barrier to popu
lar passion or to regulate and control the
action of Congress, or the Executive or the
Judiciary it ceases to perform the practical
duty for which it was ordained
Our correspondent says these are not
changes in the Constitution but only in the
construction put upon its provisions Either
this is a distinction without a difference. or
else the Constitution is too vague and unmean-
ing in its terms to have any practical meaning
whatever The Constitution SAYS. for ex
ample, that ''the writ Of habeas corpus shall
not be suspended except when, i'm case of in
vason or rebellion, the public safety NAV re-
quire it." Congress has Just authorized the
suspension of the writ in ten States. There
is no invasion, there is no rebellion, and the
public safety does not require it; yet the
writ is suspended all the same. Is this a
mere difference of construction? There is no
room for any such difference. The language
is just and clear and explicit as it is possible
for language to be. There is not a shadow of
doubt as to Its meaning. There is only one
construction" of it possible; the suspension
OF that writ is absolutely prohibited except in
one specified case; that case has not occurred,
and yet the writ is suspended. What this
means is just this:-The Constitution ad hoe
has been repealed abolished, annulled, by act
of Congress.
Precisely the same thing is true of other
portions of the fundamental law. 1t declares
that ''no State shall be deprived of it's equal
representation in the Senate, without its own
consent" But ten States are thus deprived of
all representation, in either House of Congress,
not only without their consent but against
their earnest and indignant protest. Is this
difference of construction f' Nobody pre-
tends anything of the kind. Congress claims
that the Constitution never contemplated such
a state of things as now exists, and that there
fore this prohibition has no effect. But this is
sheer nonsense. The Constitution provides
for every case that can arise, and for every
state of things that can exist. It's language is
general, and its binding force is absolute and
universal. The plea cited means simply that
Congress may dispense with the Constitution
whenever it pleases, provided the people will
sustain it in so doing. In other words, the
Constitution is the supreme law of the land,
except when the will of the people sustains
Congress in overriding and oveTruling it..
THEN 1t becomes simply so much waste paper.
"Everything done by Congress to suppress
the Rebellion" says our correspondent, sis
found in the Constitution, and more would
have been found if necessary" Unquestion-
ably But this is only roundabout way of
saying that the will of Congress became the
supreme law of the land, and the provisions
and prohibitions of the Constitution vanished
in its presence. Congress did whatever it
deemed necessary to be done-and it continues
to do so down to the present hour. The Re-
construction bill of the last session was in
nearly every one of its provisions, in clear and
fagrant violation of the Constitution as in
tended by its trainers, as interpreted by the
Supreme Court, as maintained by every de-
partment of the Government hitherto, and as
expressed in its clear and explicit language.
Yet that bill is the law of the land, and as
such will be entorced-because it embodies the
will of the nation, which has become ''higher
law'' than the Constitution, and as such will
control not only its construction, but its appli-
cation to the practical government of the
country.
We may just as well look this matter in the
face. 1t is quite useless to ignore the plain
and palpable fact that the Rebellion and the
war have reUollaionized our Government. We
are not living now under the Constitution of
l7S9,-but under an unwritten Constitution
which represents the national will as en-
bodied in the act Of Congress. The limita-
tions of the old Constitution have ceased to
have binding force. Congress exercises power
never conferred upon it, and denies to States
rights expressly reserved to them by the Con-
stitution. And it does so with perfect impu-
nifty, because there is no authority to overrule
or reverse its action. The President is power
less, because t,OO-thirdS of Congress is against
him. The Supreme Court is powerless, be-
cause the case cannot come up for its action,
and even if it should the Court has no means
of enforcing its DEGREES. The people are with
out remedy, because ten States are not allowed
any voiOe in the matter, and the remainder
s.A-s.. H. I.
under de tdctO Governmental Government
resting on force, and on the will of the people
who WELD it; but an actual Government never
theless,
President Johnson attempted at the outset
of his administration to carry on the Govern
ment under the Constitution of the United
States as it existed before the war, respecting
all its limitations and restrictions of power.
conceding to States all the rights it guaran-
teed, and carrying on the Government within
the channels and upon the grooves which ii
! provides. The attempt proved failure. The
! popular resentment against the Rebellion, the
! sense of eXultatiOn at the victory achieved
over it, the demand for guarantees, for new
| liberties, larger powers, and more permanent
sectional and party control, were too strong tc
be resisted. The war had wrought a revolu.
ton in public sentiment, which in its turn
wrought corresponding revolution in the
practical administration of the Government
Congress represents that revolution to-day
and acts under its inspiration and in the exer,
else of power which it confers.
This is the actual state of public affairs. L
is perhaps wiser to adjust our public actor
to it than to waste strength and time in con
tending against it. There certainly is but ont
tribunal remaining to which an appeal can b.
taken. The people may possibly reverse thei
own action, and decide to stand by the Con
stitution rather than the revolution by Whicl