The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-03-21

The onstitution Suspended-The VIII
of the Majority the Supreme Law OF
the Land
The New York Times Of Tuesday has
a remarkable editorial, especially so as
coming from a Radical member of the
last Congress. That paper acknowledges
in plain English that "the Constitution is
" sham that our system of constitutional
government is failure, and that the
wants of the people the ideas and
wants of the day CONSTITUTE the only
fundamental law of the land" That it
NAV not be supposed that zoe dissent from
this opinion, we reproduce the following
paragraph from the leading editorial in
the Dispatch of July 4, 1866:
"But what they 1.-THE trainers of the
Constitution did not do, the war has done.
And whether we like or dislike the fact, it
il none the less true that this is now, to
all intents and purposes, consolidated
nation, with central head of unlimited
powers-unlimited, we say, because con-
stitutional limitations are not worth the
paper upon which they are written"
It follows that we regard the article of
the Times as remarkable because it indi-
Gates nat the northern people are well
aware that the measures adopted by Con-
gress for the punishment-or, as it is by
euphemism called, the reconstruction-of
the southern States are entirely unconsti-
tutional. This is matter which it will be
well for us to look squarely in the face !;
for if the northern people are indeed de-
termined that these measures shall be en-
forced. notwithstanding their unconstitu-
tionality, all talk Of appealing to the Su-
preme Court might as we'll be stopped,
since that court has no power to enforce
its decisions. We quote from the Times:
"The Constitution says, for example,
that 'the writ of habeas corpus shall not
be suspended except when, in case of in
vasion or rebellion, the public safety may
require it, Congress has just authorized
the suspension of that writ in ten States.
There is no invasion, there is no rebellion,
and the public safety does not require it,
vet the writ is suspended all the same. Is
fbi, a mere difference of construction
There is no room for any such difference.
The language is just as clear and explicit
as it is possible for language to be. There
is not shadow of doubt rs to its meaning.
There is only one construction of it pos
sible the suspension of that writ is abso-
lutely prohibited except IN one specified
case that case has not occurred, and yet
the writ is suspended. What this means
is Just this the Constitution q,.oad hoe has
been repealed, abolished, annulled by act
Of Congress.
"Precisely the same thing is true of
other portions Of the fundamental law. 1t
declares that mo State shall be deprived
of its equal representation in the Senate
without its own consent But ten States
are thus deprived Of all representation, in
either House Of Congress, not only without
their consent, but against their earnest
and indignant protest. Is this q difference
Of construction Nobody pEstends
anything Of the kind. Congress claims
that the Constitution never contemplated
such state Of things as now exists, and
that therefore this prohibition has no effect.
But this is sheer nonsense. The Constitu.
tion provides for every case that can arise.
and Tor every state of things that can
exist its language Is general, and its
binding force is absolute and universal
The plea cited means simply that Gomez.
may dispense with the Constitution W.,
ever it pleases, provided the people will
sustain it in SO doing. In other words. thu
Constitution Is the supreme law of the
land, except when the will of the peonle
sustains Congress in overriding and over
ruling IL. Then it becomes simply SO much
waste paper.
Everything done by Congress to sup
press the rebellion" says our correspond.
ent, is found in the Constitution, and
more Dould haze been found If necessary.'
unques.ionably But this is only round
ABOUT way of saying that the ,oiA of Con-
yess became the supreme law Of the land,
ana me PROVISIONS and prohibitions Of the
Constitution vanished 10 its presence. Con,
gross did whatever 1t deemed necessary to