The States and Union. [volume] (Ashland, Ohio) 1868-1872, 1869-03-10

experience, every thing demanded IN
the name of military emergency, con-
sidered as mere matters of course
that conscripton, ~confiscation, loss OF
personal liberty, the subsection OF
States to military rule and disfrachise-
ment, with rhe extensions f the right
of suffrage merely to accomplishp party
ends, would receive the passive sub
mission, if not the acquiesence of the
people of the Republic:
1t has clearly demonstrated by re
cent occurrences thst encroachments
upon the Constitution can not be pre-
vented by the President, however de-
voted or determined he may be ; that
unless the people interpose, there's no
power under the Constitution to check
a dominant majority of t~wo-thirds of
the Congress Of the United States.
An appeal to the nation is attended
with too much delay to meet the en-
erpency. While, if left free to act the
people would correctin time such evils
as might follow Legislative usurpation,
there is danger that the same power
which disregards the Consultation,
will derive them of the right to change
their rulers, except by rvoelutien. We
have already seen the jurisdiction of
the Judiciary circumscribed, when it
was apprehended that the Courts
would decide against laws having for
their sole object the supremacy of the
party ; while the veto power lodged in
the Executive, by the Constitution,
for the interest and protection of the
people, and exercised by Washington
and his successors, has been rendered
nugatory by a partisan majority OF
two thirds, each branch of the nation.
al Legislature.
The Constitution evidently contem-
plates that when a bill is returned with
the Presidents objections it will be
calmly reconsidered by Congress.
Such, however, has not been the prac-
tice under the present party rules. 1t
has become evident that men who pass
a bill under partisan influence are not
likely, through patriotic motives, to
admit their error and thereby weaken
their own organizations, by solemnly
confessing it. Under the official oath
pride of opinion if nothing else has in
tervened, and prevented a calm and
dispassionate reconsideration of a bill
disapproved by the Executive.
Much as / venerate the Constitu-
ton, it must be admitted that this
condition of affairs has developed a
defect which, under the aggressive
tendency of the legislative department
of the Government, may readily work
its overthrow 1t may, however, be
rendered without disturbing the harm
ony of the instrument. The veto pow
er is generally exercised upon consti-
tutional grounds, and whenever it Is
so applied and the bill returned, with
the Executives reasons for withhold
ing his signature, it ought to be i'm
mediately certified to the Supreme
Court of the United States for its de-
cision. If its constitutionality shall be
declared by that tribunal, it should
then become a law, but if the decision
is otherwise, it should fail without the
power in Congress to re-enact it. >
In cases in which the veto rests up
on hasty and inconsiderate legislation,
and in which no constitutional question
is involved, L would not change the
fundamental law, for in such cases no
permanent evil can incorporated in
the Federal system. 1t is obvious.
that without such an amendment, the
Government, as it existed under the
ConstitutionLpa rior to the rebellion,
may be wholly subverted and over
throw by two-thirds majority in
Congress. 1t is not, therefore, diff
cult to see how easily ard rapidly the
people may lose-shall 1 not say,
have lost their liberties by an I'M
checked and uncomfortable majority
in the lawmaking power /; and when
ever deprived of their rights how pow
erless they are to regain them ?
Let us turn . for a moment to the
history of the majority in Congress,
which has acted in such bitter disregard
of the Constitution. While public
attention has been careful and constan-
tly turned to the past and exposed
sins of the South, the servants of the
people in high places have boldly.out-
ragged their trust, broken their oaths
of obedience and undermined the very
foundations of liberty, justice and
good government. When the rebel
lion was being suppressed by the vol
unteered services of patriot soldiers
amid the dangers of the battle field,
these men 'crept, without question, in
to place and power in the national
councils. After all the danger had
passed, when no armed foe remained,
when a penitent people bowed down
their heads to the flag, and renewed
their allegiance to the Government of
the United States, then it was that
pretended patriots appeared before the
nation, and began to pirate about the
thousands of lives and millions of trea-
sure sacrificed in the suppression of
the rebellion. They have since per-
sistently sought to inflame the prejud-
ice engendered between the sections,
to retard the restoration of harmony,
and, by every means, to keep open
and exposed to the poisonous breath
of party passion the terrible wounds of
a four years war. They have prevent
ed the returned of peace and the re
stoation of the Union; in every way
rendered delusive the purposes, pro
m!ses, and pledges by which the army
was marshaled, treason rebuked apd1d
the rebellion crushed, and made the
liberties of the people and the rights
and powers of the President, objects