Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-03-22
soi1eaiA 10 EF1om them. n. Times. yRep1 bsk
le CoAsfithtiSn and the Changes

Times, drew attention To the changes in the
IconstfHcttoasof the Constitution which the
rebel lion q has Htfsa ght about He concedes
els not aoso what 10 was believed and held to
De ten or even fiye years ago. 1.-THE Conf
efiEufion,e - he says, ssmust be construed to
meet the wants Of the people; shenceziGi$
iDraetiealIy changed according Co the ideas
and wants of the day."
THis may be perfectly true. E,Bdk it il
equivalent to saying that the Constitution
is = sham that 0nr system of C9nshisutioh4
Gl Government is failure. and that fssthe
wants of the people,.=thes ssideas andvxants
of the day." constitute the only fundameh1
tall9F<s sfEtl4 lmd5 EaelRnd lAeldRt such
F PaSiian,eiit. the votes of I" tbe pHS House O Of
Commons the will and wantST0f(tfHrp
PIE, eShssiiute 1f fa..gf kritteH G6Esfitu7
ti&n1 ,kI Which In klafa4s gdS6rHAd. II Our
Government is tending to precisely that re-
suit Our CoNstiFb ulpu ~ its cory was
iHksadka 20 ethS s1pFelle kask1 teihIltingl
1 mea Il sTery Ss % sEstSent SSd b&tsing
CHECKS bird reslliC ions upbhI tie Mhnts,
wishes andj vfn0 % theI pePPle wherever
they sA61id transcend It's prb visions This
Is She g6e4ry Of opr-'forpy of N6ferRment.
dss dslsld9b f S ss gsS Eytfsa
e1EaYAep ft ceases TO interp0seJ q .Bafrier
to popular passion or to regulate and con-
tn0l the action of Congress, or the Execu-
tiSepf1 he I'D diciafy, 1t ceases TO perform
the PRACTICAL duty Tor Which It was orr
Oat9S dSf SorrespSOmdSSeenat saws these thA are not
changes in the Constitution, but only in the
Either this is satisfaction withouk adiffer-
ence, or else che, CpRstitut tiesSisSe TOO vague
and 1nmeanfng in its terms to have any
pg4Etlcal meaning Wtatever. XIne Fonsti-l
t1tiOh says. Tor example that - the writ of
hd6eds corpus shall not be suspended except
when, in case of invasion or, rebel Lien the
pdbfic safety may require it, Congress
has just authorized the suspension of that
writ in ten States. There IS no invasion
thereis no Rebellio publieeafe
does mot require ~ yet the writ + sus-
pended all the satife. is tfiis &n1ere differ
sn sy asE 81 iaS b sSsss is Is Just o
as clear and explicit as it is possible for
language to be. There Is not a shadow of
dO1bt as TOTS meaning. yfThefe iS1nlE One
CONSTRUCTION 'sof it possible-the suSpen-
si6n9f that writ e absolutely prohibited
except IN one epecitied case hat case has
not t0ccarreds and yet hefwritlts suspend
ed. What this means Is. jast this4athe
CONSTITUTION ad hoe has been repealed, abol-
ished, ahnplled, by act of Congress 80
Precisely the same thing is, true of sother
portions of the funGanental law, 1t de-
clares that :Hno State shall IbeAepriFedOf its
e0iaal representation In the Senases without
its9wH eonsentIn 1ButSeH States are thus
deprived of all representation, in either
Hdnsg Of fCongressf hot 9dIy without their
co1eent, but against their Earnest and in
di9nant protest. Is this a difference of
construction? P" Nobody pfetends any-
thing of the kind, Cong gress claims, that
state efthingsa as now exists, and that there
fore this pr0hibiti0h has no effect But
this is sheer nonsense. The Constitution
provides for ever ease chat 6dA aClse, and
for every state of things that can exist. Its
language is general, aal its binding force
Is elsolate and uni fersai. The plea cited
msals simply that UDnkress may dispense
provided the people Will stistsii II id, so
doing. In other words, the Constitution is
the supreme law of tire land teekcept when
the win of the people sustafls Congress in
overriding aud ovefftiAAE it. Then it be-
comts siHlPly 80 mach Waste papgribnI
Dress shs seg GSRs e 24ssfss Ie n0P
dent, zig found FFe Constipation, and
UpquestiOnablyl-- - But this is only round
abbqt way -ef saying thAtthe wistVi e1paress
BECAME the eisnprene law OF the laua. and
the provisions and prohibitions of the Con-
stitHeion vanished in tits presence, Con-
gress did whatever it deemed necessary to
be- sdoneAaiid fE Continues to do 50 down
tosthe present hour. The Reconstruction
bill OF the last session was III. nearly e9ery
one Of its provisions, III clear and ASgfant
viol4tipu q, the lglIs don 9es iqtahded
by its trainers as Interpreted by the Su-
preme Court, as maintained BY every de-
partment of the Government, hitherto. and
as.expfessed in its clear and explucft IAN
guage. Yet thar Bilkist thelaU6 6f the land,
and as such will Observation-Disclosures it
emtpdies tI.e, viii Of the patie tieP5wIief, has
ton, and de stieh WIN eontr6I, ,ISs only its
construction, but, its application to the
practical government eflthe country.
We may Just as well look this matter in
The. face It is quite useless to ignore the
plain and palpabte fact that the rebellion
and the war have reUolutionfzed our Govern
ment. We are not living now under the
Constitution of 1789-but under an unwrit-
ten Constitutions which represents the ma
tionaI win as embodied In the action Oi
Congress. The limitations of the old Con-
stitutiOn have ceased to have binding force
Congress exercises power never conferred
upon it, and denies to States rights ex-
pressly reserved to them by the Constitu-
ton. And it does so with perfect impun-
ity, because there istno authority toover-
rule or reverse its action. The President
is powerless, because ttoo thirds of Congress
Is against him. The Supreme Court il
powerless, because the case cannot come
up for its action, and even If it should the
Court has no means OF enforcing its de-
eIees. The people are without remedy. be.
cause ten States, are not allowed any voice
In the matter, and the remainder sustain
the usurped authority .osWe are living un.
der a de facto Government-aG Government
resting on force, and on the will of the peo
pie who WELD it.: but an actual Govern
ment nevertheless. ts.ses e{dhst
President. Jnhus0r7 0ffQua Fata0 q the 0ut
set of his administration tU carry on tn,
Government under the Constitution Of th,
United States as it existed before the war
respecting all its limitations and restric
tions of pOwer-concedingt to States all tn
rights i6 guaranteed, and carrying on tn
Government within the channel and upol
. the grooves which it provides. The attemp
proved failure. The popular fesentmen
AGAINST the ,rebeiiionz the sense of exulta
ton atthe Victory achieved over it, tine de
mand Fior guarantees for new sliberties
larger powers and more. permanent sec
tfOnalJ party control, were too strong TO b
resisted. The war had wrought a reEolu
ton In public sentiment, which in its tur
wrought corresponding revolution in th
practical administration of the Government
Congress represents that revOlution, to-da
and acts under its Inspiration and in th
exercise Of power which it confers. -.,-s
This is the actual state of public affair!
It is perhaps wiser to adjust our public &C
lion 70 it than to waste strength and tim
ip-eontending against it. There eertaiul
issbnt one tribunal remaining to which a
appeal can be taken, The people may pos
sibly reverse their own action and decid
to stand by the Constitutions, rather t1a
the revolution by which it has been for th
time supplanted. We shall know whethe
they will or not after the Presidential eleC
tioH of 1858. Until then. at all events, W
must live under the de fact0 Governmel
which now holds possession, of supren