The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1867-04-06

letter published IN Yesterday Times, drew atten-
ton to the changes in the construction of the
constitution which the rebellion has brought
about. He concludes that the constitution of the
United States is not now what it was believed
and held TO be ten or even five years ago. "Ihe
Constitution" he says, 'must be construed to
meet the wants of the people: hence 1t is practi-
cally changed according to the ideas and wants
of the day"
This may be perfectly true Bat it is equiv
alent to saying that the constitution is sham,
that our system of constitutional government
is a failure and that ''the wants of the people,,
the ideas and wants of the day." constitute
the only fundamental law of the land. England
has lust such constitution as that The opinion
of parliament the votes of the house OF commons.
the will and wants of the people, constitute the
''unwritten constitution by which England is
governed. Our government is tending to pre-
Cisely that result Our constitution in its theory
was intended to be the supreme law,-limiting
and restraining the action of the government In
every department, and putting checks and re-
strctions upon the wants, wishes and will of the
people whenever they should transcend its pro-
visions This is the theory of our form OF gov
eminent. This is the only object and use OF a
written constitution When it ceases to serve
that end when it ceases to interpose barrier
to popular passion or to regulate and control the
action of congress, or the executive or the judi
eiary, it ceases to perform the practical duty or
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 distinc-
ton without difference, or else the constitution
is too vague and unmeanng in its terms to have
any practical meaning whatever. The constitu-
ton says, for example, that 1.-The writ OF habeas
corpus shall not be suspended except when, in
case of invasion or rebellion, the public safety
may require it." Congress has ust authorized
~ ,%,%a, N1ova
is no invasion,--there is no rebellion,-and the
public safety does not require it; yet the writ is
suspended Just the same Is this n mere differ
ence in construction? There is no room for any
such difference. The language is just as plain
and explicit as it is possible for language to be.
There is not shadow of doubt as toits meaning
There is only one construction" of it possible
the suspension of that writ is absolutely prohib-
tied 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 por-
tions of the fundamental law. 1t declares that
mo state shall be deprived of its equal represent
taton in the senate, without its own consent
But ten states are thus deprived of all represent
taton, in either house of congress not only with
out their consent, but against their earnest and
indignant protest Is this difference of "con-
structon!' Nobody pretends anything of the
kind Congress claims that the constitution never
contemplated such a state of things as now exists,
and that therefore 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 Ian
guage is general and its binding force isabsoute
and universal. The plea cited means simply that
congress may dispense with the constitution
whenever it pleases provided the people will sus-
tain it in so doing. In other words, the const
tuition is the supreme law of the land, except
when the will of the people sustains congress in
overriding and oyerruling it. Then it becomes
simply 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" Unquostionably! But this is
ly roundabout way of saying that the will of
congress became the supreme law of the land
and the provisions and prohibitions of the const-
tuition vanished in its presence. Congress did
whatever it deemed necessary to be done,-and
il continues to do so down to the present hour
The reconstruction bill of the last session was, in
nearly every one Of It's provisions, il clear and
fragrant violation OF the constitution as intended
by its trainers, interpreted by the supreme
court, as maintained by every department of the
government hitherto and as expressed in its clear
and explicit language. Yet that bill is the law
81 the land and as such will be enforced be
cause it embodies the will of the nation, which
has become "higher law" than the constitution,
aid us such will control not only its construc-
ton, but its application to the practical govern
ment of the country.
We may just as well look this matter in the
face. 1t is quite useless to ignore the plain and
palpabe fact that the rebellion and the war have
reyolutionized our government We are not liv-
ing under the constitution OF l'S9-but
under unwritten constitution which repre-
sents the national will as embodied in the action
Of congress. The limitations Of the old constitu.
ton have ceased to have binding force. Congress
exercises power never conferred upon it, and
denies to states rights expressly reserved to them
by the constitution. And it does with perfect
impunity, because there is no authority to over
rule or reverse its action. The president is pow
orless because two-thirds of congress is against
him. The supreme court is powcrless, because
the case cannot come up for its action, and even
il ii should the court has no means of enforcing
its DEGREES. The people are without remedy, be-
cause ten states are not allowed any voice in the
matter, and the remainder sustain the usurped
authority. We are living under de facto gov
crnment,-a government resting on force, and on
the will of the people who WELD IT. but an actual
government nevertheless.
President Johnson attempted at the outset of
his administration to carry on the government
under the constitution of the Cuited States il
listed before the war,-respecting all its limita.
tiOns and restrictions of power,-conceding to
states all tao rights it guaranteed, and carrying
on the government within the channels and upon
the grooves which it provides The popular re-
sentiment against the rebellion, the sense of exul
tation al the victory achieved over it, the demand
for guarantees, for new liberties, larger powers
and more permanent sectional and party control
1 L..