The national Republican., 1867-09-09
OUR WRITTEN CONsTlTUTION
rs 1T INVlOLABLE.

-AS H EhNNIO1fAbLEs
In our article Of Saturday, under tn
above caption, we intimated that ther
were other instances than those named II
which the Constitution had been set aside
and some great public exigency plcade,
as an excuse for the proceeding.
In the opinion Of Mr.. JEFFERSON, tn,
purchase and annexation Of Louisiana wa
without constitutional warrant, ncverthe
less he felt constrained TO believe that III,
advantages accruing to us as natioi
afforded sufficient grounds Of justification
for this negotiation and purchase. Their
were those at the time this was done VIII,
opposed the bringing in Of that territor,
on the ground that it was unconstitutional
1t was nevertheless consummated, an,
who now doubts the wisdom Of the policy
Whether it were constitutional at the tim
to do it or no, we now believe it was right
Almost everything that has been done t.
enlarge the area Of the United States, Il
improve its rivers and harbors, and tc
perfect certain internal improvements to
afford facilities for commerce and business
at home and abroad, to defend our nation
against the invasion of foreign enemies, OF
to save and defend IL from insidious in.
ternal foes, has been pronounced unco,l.
stitutional.
In short, we may conclude that if the
nation had listened to these sticklers for
the letter of the Constitution, we would to-
day be simply SO many unimportant States
each independent Of the other, and of no
more account in the world than are the
meanest and poorest petty republics Of
South America. Instead of being the
great and powerful nation we are, second
to none in the world, we would have been
unimportant colonies like the Canadas,
and mere provinces Of some foreign po-
tentate. Thank God the people have
often been wiser than many Of their rulers
and constitutional expounders, and have
never yet failed to approve sooner or
later that policy which secures and pro-
tects personal and civil freedom, and
which makes our nation strong and great
in every material interest and in the vim
dication Of every large and liberal idea,
which is characteristic OF an intelligent,
liberty-loving and free people. We believe
there is no people on the globe that have q
greater reverence for q written Constitu-
ton and law than the Americans, but they
reverence themselves, their rights and the
great laws Of civilization and progress
more than they reverence parchments.
The latter can be altered and amended to
suit an advancing age, but civil and relig-
ious liberty cannot be brought to stand
still nor take back seat to accommodate
those nice gentlemen and timid souls
who forever pirate about the sacred guar,
antees of the Constitution.
That the Constitution is sacred we admit
but it is not the most sacred thing in the
world. A great statesman once said that
there is higher law" and we know that
"there is law written by the finger oi
God upon the heart Of man." And while
we are no advocate for covenant-breaking
neither do we advise any disrespect to the
Constitution Of our country, VIC neverthe.
less know that there are times when to
adhere to the strict construction of that
instrument will put in jeopardy the life Of
the nation and prove fatal to human lib,
erty itself There is one provision Of the
Constitution which, in our judgment, il
not violated, was rendered nugatory, be.
cause Congress never gave it force by
adequate legislation. 1t is in these words
The United States shall guaranty TO every
State IN his Union a republican form Of
government" No one can now feel of.
Tended If we declare that slavery was
wholly incompatible with republican
form of government. Unless republic.
anism is misnomer and sham, it and
slavery cannot exist. Yet many States,
in defiance Of this provision of the Con.
stitution, States providing for the protec.
tion and perpetuation of slavery, were re.
ceived into the Union.
We cannot here discuss the question Of
what constitutes government republican
IN form, but we do affirm that slavery is
incompatible with the spirit and genius Of
what we have been taught to believe ID
genuine republicanism. If this be true
then the above provision of the Constitu.
ton was violated whenever q State tolera.
ting slavery was admitted to the Union.
Our fathers had their excuse for this. Sla.
very existed in many of the original
States, and the people Of these States
claimed it as right to carry slavery with
them into the new territory. 1t was con
ceded on the ground that the checks ant
balances between the free and slave Statel
must be conserved. Viewing it as mat
ter of policy, and from the human stand
point merely, at the time it was done, II
was perhaps wise. Still it was in deroga
ton Of the Constitution. Where did Con
gress get the power under the Constitution
to make what was known as the Missouri
Compromise. Was there any constitu
tional warrant for saying that slavery
might exist south Of 86 degrees and 81
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