Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1867-02-23
An Interesting Article
constitutional Changes.

Whether written or unwritten Con-
be moro desirable may be qucs-
ton Tut when, as with us, country has
a written Constitution, If must be adapt
ed, in the manner provided BY itself, to
The changing national condition, or there /
will be perilous confusion. The common
talk about tinkering the Constitution is |
mere folly. a written Constitution is |
made to be tiDkered. When il is form
ed it is the result of the national wisdom
and experience down to that time; and
the same reasons which controlled lis for
nation continue to require its modifica-
ton and enlargement. The great advan-
tsge of an unwritten Constitution is that
the Interpretation which the good sense OF
the nation gives to it at any time is really
the fundamental law. In other words,
an unwriten Constitution consists of GER
tain general principles applied at any pc.
Rod TO the national condition rs the gen
ral-wisdom dictates. This is what in
in this country we call the spirit of the
Constitution. This is its superior and es-
seutial part; and the organic law pro-
yides how this spirit shsll be adapted to
any exigency.
As time passes, as the nation grows
and circumstances arise which no human
wisdom could forses, the paramount con-
sentative duty Of the people is to amend
the Constitution accordingly. The revo-
lulionary tendency is to resist change I'M
der the plea that the letter is already
perfect. But the true theory of a written
| Constitution is that it is like the skin ola
living human body. Its essential quail.
ties mover change; but if adapts itself
perfectly 10 he expanding frame and fits
| The man as it fitted the child. To pro
test against Constitutional Amendment
is to insist that the skin shall be sheet
iron; il is to require that the bands which
held the sspling shall remain untouched
when the sapling has become tree
This is merely 10 compass the destruction
| of the tree or of the band.
The war has shown us that the Con-
stitutiop is not adapted to the present sit
uation of the country. Our rapid and
/ prodigious development has revealed dan
gers against which the Constitution does
not expressly guard, and difficulties for
which it affords no precise and indisput-
able remedy. This is subject of the
highest congratulation, for were it other
wise we should justly feel that we had
made no real progress either in political
morality or in a true nationality. The
spirit of our Constitution Is the spirit Of
liberty. Its fundamental principle is that
/ ofeaual freedom. But il was adopted
by States in which slavery existed, and
which held strongly toa certain theory
Of State sovereignty or local rights which
was really incompatible with the general
prosperity and common existence. 1t was
indeed, most skillfully adapted to the pub
lie sentiment Of the time in which il was
framed. 1t retained from expressly re-
cognizing either slavery or State supre
macy. And it Liainly implied both equal
liberty and an absolute national sovereign
ty. But its expressions and its omissions
alike left certsin points obscure. This
very obscurity permitted the growth Of a
radical conflict. While time and expert
ence were essentially strengthening the
the national morality and deyloping the
national instinct, the Intentional obscurity
of phraseology in the Constitution favor
cd the growth Of IN intense hostility 10
the necessary principles Of the Govern
ment The divergence at last permitted
but one solution. Each party claimed to
be the rightful interpreters of the funda.
mental law. They appealed to arms and
the victory remains with those who held
to the spirit and purport of the Constitu-
ton, while those who had shielded theiI
deadly conspiracy under an assumed au
thority based upon the omissions and oh,
SECURITY of the instrument are utterly van.
pushed.
AS the people have thus decided what
the Constitution means it is their first and
most imperative duty to make it say " hal
Il means, that there may be no further
doubt among the loyal nor pretense
among the disloyal. This is tho unan.
swerable argument for certain eonstitu-
tioHal amendments at this time. The
Constitution and the Union under it have
been maintained by arms, and the de-
cis;on must be put beyond dispute. And
nobody but the victorious people can de-
clare what sheir decision is. 1t is not for
those who resisted them, nor for those who
sympathized with the resistance, to un
dertske to settle the decision of the war.
For that we must look to The victors.
Now by common consent the Consti.
tuition has leen interpreted in the interes:
Of the nationality and liberty. 1t should
therefore be amended accordingly, so that
there may be no question remaining. Ii
should declare expressly that no State is
TO secede; and that if it makes the at
tempt il shall resume its relations in tie
Union only upon such conditions as Con-
gress may prescribe. 1t shoula further
declare, as it now does by the thirteenth
amendment, that slavery shall not exist;
and it should define, as the pending
amendment proposes, who are citizens OF
the United States; and it should further
give to every such citizen equal guarsu.
tees of his liberty by securing equality Of
political power.
We believe that this view of the sub.
ject is becoming every day clearer to the
country. The idea shat because we have
a written Constitution we cannot secure
] - It. H.. a,,,ar1,oc. - nooowJ..,x.