The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-09-14

vUhnY0. expresses III u A0W WpANo "'A"N ~ 49,
difficulty Of thousands of honest minds with
regard to this dispute between Mr.. Johnson
and Congress-of men, too, who do not ap-
Trove of Mr.. JOhnson's course, but VINO,
nevertheless cannot persuade themselves that
be and the Supreme Court have not each as
good q right to interpret the Constitution
that Is. define the limits of their own powers
AS Congress has. It is, however, quite plain
70 the oommonest intelligence that whatever
written constitution can do, there is one thing
IL cannot, and that is, prevent these coordi-
nate branches of q government from coming
into collision when each attempts to define its
own powers. That these collisions have not
occurred oftener, or rather have not proved OF
much moment hitherto, either here or in Eng
land, is due simply to the fact that in ordinary
times the subjects on which coordinate de-
partments differ, and the ends they have
In view, are not of sufficient Importance to
tempt any one department into going to ex-
tremes. One is almost sure to give up before
negotiation is exhausted. Therefore the ar
rangements made by written constitution for
preserving the balance of power may ordi-
narily work well. In this country they have
worked we'll. Until the bred Scott decision,
although the powers claimed for the Supreme
Court under the Constitution had excited
jealousy and grumbling, there was no delibe-
IdI0 ana aVOW6Q mL6uJlOu uOb W 10 OOuhu Ny
its decisions. But the Dred Scott decision
touched point which the majority felt to be
vital, and at once the authority of the Court
as an interpreter was repudiated by the ma
jority. So, also, the issues raised in this re-
construction process are felt by the majority to
be vital, that is, to go to the very foundations
of the national existence, and, therefore, the
slightest attempt of the Court to control the
action of Congress would certainly be repu-
dated and the Court knows it and wisely abb
stains from meddling.
II the Supreme Court had the power of in
terpreting the Constitution under all circum-
stances and in all cases, the judges would
govern the country as a small olgarchy and
reform would be hopeless inside half CEN
tury. You may assert that they have this
power as much as you please, and the majority
In quiet times may act as If they had it; but
the minute troublous times come, and the ma
jority is satisfied that If it obey the judges the
ends for which the judges exist will be de-
feated, 1t will not obey them. To argue that
this ought not to be so, is idle; you might as
well argue that human nature ought to be
changed. Perhaps it ought, but governments
are made for men as they are and not as they
ought to be, and the wit of man is not equal to
the task of devising written constitution which
shall be obeyed under all circumstances. No
thing would secure this result but some occult
power that would cause anybody who violated
1t instantly to drop down dead. In two thirds
VI WudL Is WTlJL6u Oh Lu6 VI Lu0
Fundamental law" including the long dis
QUESTIONS of Mr.. g. 7. Curtis in the World,
there is a false bottom to the thinking. The
reasoning is based on the assumption that the
Constitution is the ultimate fact of our system
of government. This is delusion. The ulti-
mate fact of this, as of all Go~errlnnants. is
human nature; and until human nature Is
totally changed, the majority OF great and
free country will not allow one man calling
himself an executive, or nine men calilng
themselves a court to interpret the tunda-
mental law when, in the opinion OF the ma
iority, their Interpretation would be dangerous
to the public safety.
But this, saws siFreedom" :" means a govern
ment of ''mere majority, and leaves my breath
dependent on their will" He is right. This
is exactly what it means. We do live under
a Government of the majority. The Constitu-
tion is an instrument by which the majority
binds itself to refrain from certain acts, but it
never gives up its right, in the last resort, OF
explaining the sense in which it took the
pledge OF, in other words, of taking the Pre-
sident or anybody else whom it finds running
about and doing mischief while protesting to
take ''the Constitution for his guide, and
putting him under lock and key, If it believes
his hermeneutics dangerous to the State.
The idea that there is something very horrible
in being dependent on the majority of Chris
tian State for liberty and security, which
"Freedom" seems to entertain, is the product
VI that SPECIES Oh l6LlSA WOIbulpOi WhAOh bItO
Constitution has long been the object. The
Constitution, unless it be a talisman, cannot
have any more force than the majority gives
IL. If the majority desires to rob and cut
throats, there is no virtue in the parchment to
stop it. If it allows Andrew Johnson and the
Supreme Court to define their own powers, il
is simply because it does not consider 1t worth
while TO interfere with them.
This fact has always been so well under
stood by the highest class of minds, that IN
constitutional countries the skill OF great
statesmen has nearly always been shown in
avoiding reliance on the constitution in per
suading the majority into doing or not doing
certain things without falling back on naked
legal rights. AS soon as a King, President, OF
Minister says, in exciting times, that he will
fall back on the constitution or charter and
act on his own construction of IL, he shows
himself as much fool, and is as sure to b.
Iestroyed, as single man who should poin
nis ts rlne at regiment. The end and use o
s1IsO ss1Is.esInanshlp Is to avoid bringing things X
sAn pass The minute the statesman appeal
,Hooas1,1s aOSe AGAINST the majority the majority
measures It's own strength seainst him an;
sweeps him aside e'- "seine' Alii'' "l'
:, Thls Is just what Andrew Jobpsor soor,
disposed TO DO. He says bis ;ta,..1"ou seoiI
the Constitution is the rsbt -orI. i1Ssslon C y
says It's Interpretation is TIE roLt' N NOohBres s
mittng one to be as likely To - ;ne oe' Ao
other, who Is to decide between ~ isn' as Li IN
Supreme Court is simply, when the en an, IN
q nation is at stake, nine elderlv ToosD Ses1Hy
Yoea thew throw thamaalvas 1ssA' ouI