The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1867-04-27
The journal and the Constitution,

The Journal and the Constitution.
The Albany Journal has been revived,
the first No. appearing last Saturday un-
der the auspices of PICKETT & Co. 1t
presents mechanically q very creditable
appearance. In politics it is intensely
Radical. 1t pledges its support to allthe
reconstruction measures Of Congress, and
has no doubt that its sentiments will con-
tinue to be in harmony with the action of
Congress sin governing ~subjugated reb.
els" We clip the following from its col.
umns:
"How We are to proceed in the work of recon
%struction is yet to be evolved in the future, as we
have no historic presidents TO guide US. The con-
sfltutlon cannot be brought to our aid, for il refers
solely TO q state Of peace and acknowledged SOW
ereign authority, and has no provision for the pres
ent condition of the rebel people. The case must
be settled on its own merits, taking the Roman
maxim for our guide, that THE welfare Of the
people is the supreme law"
1t viii be seen that our cotemperary
throws away the federal Constitution as
OF no account. 1t cannot be brought to
our aid," says the Journal sfor it refers
solely to a state o peace and acknowledged
sovereign authority" The Journal in
tends to be extremely ~"loyal." It will
60 as far as the most ultra. It will out
Phillip-Phillips, or Anna Dickinson, or
that other hermaphrodite yclept Charles
Sumner. We have always belieyed-we
held the belief during the wal even
that the Constitution should be brought
TO our aid and hat it should never be
set aside under any pretext whatever. A
true Democrat never sets aside the Or
ganic Law of the State or Nation but
Radiealism always does whenever it stands
in the way of the accomplishment of its
aims and objects. The doctrine thus IN.
blushiugly advocated by the Journal viii
lead to anarchy and ~despotism in the
United States if the Radieal-J acobinical
party advocating it be not checked. II
sets aside fundamental law and substitutes
In Its stead the mere whims, and caprices,
and blind passions Of a victorious but in.
sane party. 1.-The case must be settled on
its own merits" says the Journal. The
Constitution is defective. The men that
made it were such great fools that they
made no provision for our present condi
ton and therefore We, the Radical par
~, will take law into our own hands; We
will viola s. impunity. We do no
supposs 1@ole who thus scouts thu
idea o lIering to the Constitution un
deaH circumstances, will pay much at
tenton to what the Supreme Court says
but nevertheless ne cannot refrain from
directing attention to the following. /
is from the decision recently delivered b.
the Supreme Court of the United State
declaring military commissions unconsti
tutional. A majority of the Court ar,
Republicans, and the decision was deliy
cred by a Republican, who was a bosom
friend of Lincoln, and who is one of hi
appointees. Here it is:
"The Constitution is a Law for rulers and PEG
pie, equally in war and in peace, and covers Wit
the shield Of its protection all classes Of men, a
all times and under AL circumstances ; and n
doctrine involving more psrnicious consequence
was ever invented by the wit Of man than tina
any of its provisions can be suspended during an,
of the great exigeneies Of the Government. Sucl
q doctrine leads directly to anarchy and despot
ism and tho fhqoFv of ueeoRgikv n Ehfoh- II Z
based, is false
1t viii be seen that there Is eonsidera
bic difference between the Supreme Cour
and the Journal. The Court say that tn,
Constitution is a law for rulers and pee
pie, at all times-in war and peace. TIL
Journal says it won't do now and con
tends that it has no provision for tn
present condition of the rebel people
The Supreme Court say that it covers
with its shield, rebels as we'll as the aloy
al"-all classes of men, at all times an
under all circumstances. The Journa
says it may do well enough in time Q
peace, but not now. We must settle on
difficulties on their own merits, withou
the Constitution. The Court say tina
the doctrine that any Of the provisions
the Constitution can De suspended durin
any of the great exigencies of the Gov
eminent, involves more pernieious const
quences than was ever invented by th
Wit of man that it leads to anarch
and despotism, and the theory of necess
ty, on which it is based, is false but th
Journal seems to think that these sent
ments ofthe Court are all moonshine, an
that the Radical-J acObinicaI party, led 0
by Bump Congress, can govern ii
eogRtEy-partieularIysubju gate rebels
without the Constitution, and settle Il
case on ita own merits.
We commend the Journal to all VIII
Ike i, believe that the Constitute