The Conservative. (M'connelsville, Ohio) 1866-1871, 1867-03-28

absolutely prohibited except in one
specified cass-tbat case has not occur
red, and Jet. tho writ is suspended
What this means is just this-the Con-
stitution ad hoe has been repealed,
abolished, annullsd, by act Of Con-
grsss. ....t..
Precisely the same thing Is true Of
other portions Of the fundamental law.
II declares that mo State shall be do
Privsd Of its equal representation in the
Senate, without its own consent" But
ten States afS thus deprived of all rep
rssentation, in either House of Con.
gress, not only without their consent
but against their earnest and indig.
nant protest. Is this difference of
"Oonstruction2" Nobody pretonds
anything of the kind. Congress claims
that the Constitution never contom.
plated such state of things as now
exists, and that therefore this prohibi-
ton has no effect. But this is sheer
nonsense. The Consultation provides
for every case that can arise, and for
every state of things that can exist
Its language is general, and its bind
ing force is absolute and universal
The plea cited means simply that Con-
gresS may dispense with the Constitu-
tiOn whenever it blOaae1, provided the
people will sustain il IN so doinE. In
other words, the ConstitutiOn is the
supreme law Of the land, except when
the will Of the people sustainS Congress
in overriding and overriding IT, Then
it becomes simply so much waste pa
per- -ra
"Evcrything done by Congress to
suppress the rebellion" says our cor
respondent, "is found in the CSnstitu.
tion, and more ,oould hare been found If
necessary Unquestionablyl But this
is only a roundabout way of saying
that the ctU Of Congress became the su.
preme law oftho land, and the provis.
ions and prohibitions of the Constitu-
tion vanished in its presence. Con-
gress did whatever it deemed necessa-
~ to be done-and it continues to do
SO down to the present hour. The Re-
construction bill ofthe last session was,
in nearly every one of its provisions, a
clear and fragrant violation of the Con.
stitution as intended by its trainers, as
interpreted by the Supreme Court, as
maintained by every department Of the
Government hitherto, and as express
cd in its clear and explicit language
Yet that bill is tho law Of the land,
and as such will be nforced-becauso
1t embodies tho will of the nation,
which has become "higher law" than
the Constitution, and as such will con-
troll, not only its construction, but ITS
application to the practical govern
ment of the country.
We may just as well look this mat.
tor in the mce. 1t is quite useless to
ignore the plain and palpablo fact that
the rebellion and the war have revolu.
tionized our Government. We are not
living now under the Constitution Of
1769-but under an unwritten Consti-
tution which represents the national
will as embodied in the action Of Con-
gresS. The limitations of the old Con
stitution have ceased to have binding
force, C5hgfcss exercises power new
or conferred upon it, aid denies to
States rights expressly reserved to
them by the Constitution. And it
does SO With psrfoefimpunitY, because
there is no authority to ovsrrule or
reverse its action. The President is
powerless, because t0o-thifds Of Con
grsSs is against him. The suprsme
Court is powerless, because the case
eSnHot come up for it's action, and ev-
en- if it should the Court has no means
of enforcing its deOresI. The people
are without remedy, because tSn States
ars'nOt allowed any voice IN tho mat
ter, and tho remainder sustain the
usurped authority We are living uh-
der de tacto Governments Govern
mSnt resting on force, and Oh the will
Of tho people who weld it but an ac-
tial Government ReysrthelsIs.
President Johnson attempted at the
outset Of his administration TO carry
on the Government under the Consh.
tuition oftho United Sthtss Mn Il s4;sb>