The Daily empire. (Dayton, Ohio) 1865-1867, 1867-01-09
Communicated
Constitutional Guarantees.


In The dissenting opinion lately deliver.
ed by Mr. CHIEF Justice Chase, in the Mill.
gan case, occurs this sentence: "Congress
Is but the agent Of the nation, and does NOT
the security of individuals against this. as
of every other power, descend on the in
telligencc and virtue Of the people; on their
zeal for public and private liberty; upon
official responsibility secured by law, and
upon the frequency Of elections, rather
than on the doubtful constructions ofeon-
stitutional power?n
Leaving out of view the motives of Mr..
Chase, in dissenting from the opinion of the
Court, (Which. however, some may think
were not entirely disinterested) we may
well express surprise at such a sentiment.
coming as IL does from the highest judicial
officer known to the Constitution. 1t dis
plays such total Ignorance of OF indiiier-
encc to, the object of constitutional guar
antics, tina tthe merest tyro in politics
might blush TO acknowledge IT, If the sim
telligence and virtue Of the people," as rep
resented In Congress. are a sufficient guar
anty for our liberties, why form Consti-
tuition at all Y-why hamper their action by
fundamental law?-why control their
benevolent intentions by the dictate.
"Thus far shalt thou go, but no
furtherW It Is because we cannot dItodBs
trust the Intelligence and virtue of tic
people, h-it is because men are liable to
err, and prone. at times, to follow passion
instead of reason. and consult vengeance
rather than justice, that Constitutions are
necessary. Were all men OF one mind on
questions of policy aud principle, Consti-
tutions would be useless. IL all endorse
the action of Congress, no one is aggrieved.
IL IS only because men can not agree that
a fundamental law becomes important land
the more they differ the more important
this fundamental law becomes. Times of
struggle and danger. of violent effort and
fierce passion, instead of being the proper
occasions for Stacking or changing this
fundamental law, are the times Of all 9TH
ers when that law should be most strictly
enforced and most religiously observed.
In time of peace and on questions of
more pecuniary Importance. it Is allowable.
or at least more eXcusable, to adopt a lib
eral construction of the Constitution; but
on questions which involve the lives and
liberties of our fellow-citizens, such .slib-
erality" becomes n high crime--it is
breach of your plighted word, violation
of your honor. a constitution is in effect
an agreement-~a compact, and Is made for
the protection of the minority.
IL IS pledge given by the citizens of
State. whereby each agrees with all the
rest that, IN case he IS in the majority, he
VIII respect and maintain certain funda-
mental principles therein expressed, in
consideration whereof the Others who NAV
be In the minority. agree to submit to the
rule of the majority. For the majority.
therefore, under the plea of necessity or
any other plea, to usurp powers not grant
cd, or violate rights which are guaranteed,
becomes on the part of every one who en-
dorses it, general breach of faith. and re-
leases the minority (if that could mend the
matter) from their reciprocal obligation to
obey. =.