The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-10-14
SPIRIT OF THE PRESS.
Editorial Opinions Of the Leading journal.
Upon Cnrrent Topics Compiled Evory
Day for the Evening Telegraph.
THE CONFEDERATE CONSTITUTIONS
INTERESTING DISOLOSIrRES

INTERESTING DISCLOSURES
From the " y. Times
AS piece of historical information tb
letter of Mr.. r. Barnwcll Rhett regarding tb
construction of the Confederate ConstitItio,
Is both curious and valuable
At the outSet the dilemma nresontol l.. A.,
Confederate leaders was this~,ybothon W. 'u u
the one hand, to cling as CLOSELY as noesil,I,
to the Ola forms and the ''old flag of tbt
United States, TO the approved Coustitntion
anu 10 Ine 1anllar divisions and DrescriboI
scope of executive, Legislative. and ;nd;oioi
authority, OF to strike out in some new natb
ana essay a more perfect Union. The forme,
S.'! IieSuou hau the advantage of Familiarity
tI9oltlon, and long experience; the Latter tbSSi
OF boldness and independence. Uowavar
ine FORMER trlumphed The Confederate fac
was substantially the old 'EStars and Str;nos 2
with some stars blotted out and soma
stripes obhterated; the national. State town
anu county prorogations were substantialIv
tIe same as IN the old Union; even the
HhtaSeolo8y OF laws was little altered and the
titleS and duties of officers were pretty mncb
the same. Semmes tells us that IL vyas a.
Lohcy OF the Montgomery Government. at
the outset, to ''confer the same rank" on
military and naval officers who sbould em-
brace the new service" that they held in the
old-and his own transfer to a ''liphtbouse
board forthwith was an illustration of This
pohcy However, despite the protest of
Southern statesmen that thew were satisfied
with ''the Constitution as it was. " thev Ala
IN some particulars alter that instrument.
and Mr. Rhett, as Chairman of the Montgo,
merry Convention, appointed to frame n ner
manent Constitution for the Confederate
States, is conceded to have been the autbor ~
the most important part of these alterations
Hence his present testimony is valuable as a
contribution to the history of those troublous
times.
Mr.. Rhett declares that it was the determi-
nation of the South to make the Confede-
rate Constitution ''simply the Constitution
OF the United States as the South had alwavs |
interpreted Its powers, with only such altera |
tions as would remove ambiguity" The first |
great question hinged on the Governments |
power to levy taxes and expend their pro- |
ceeds ''One party, chiefly at the South.
according to Mr.. Rhett held that Conorass |
had power to levy taxes merely for reven2e to
carry on the Government, while ''the other
party, chiefly at the North, held that ''this
power should be exercised for different and
antagonlstlc purposes, to prevent importa
lions on which taxes may be collected and
thereby promote and encourage different
branches OF industry, by giving them the
markets OF the United States We do NOT
think TINS to be an absolutely correct state
ment OF the geographical status of the FREQ
I@~NOON@OtA |
however, 1t is correct enough for Mr.. Rbetfs
purpose, which is to show why the clanse re-
terrlng to the subject in the Constitution was
altered by him. This clause as we all l,Dow
runs as follows "'
"Ihe Congress shall have power to Law and collect
IsNes, uutes, lmposts, and eXcses to Day the debt
and provide for the common defense ana yonar" ToG
welfare of the United States" e
And what MIR. Rhett did was to substitute
Ior Ii t1e P%3Pose here stated, namely, ''to pay
The debt, ETC., the words ''for revenue
necessary to pay the debts and carry on the
Government of the nfederacv'-which
latter appears in the Confederate Con
1
ms, however, strikes one as being ''the
Glh erence betwixt tweedledum and tWeedle-
ueei because whatever ''misintarDretation"
could be made of the original clause could
certainly he made of the substitute. The lat
Ter Is quite as general, quite as ambiguous
ana quite as pregnant with constructive
powers as the former. Mr. Rhett himself was ,
compelled to add, therefore. specifically
provision that mo bounties shall be granted
from the treasury, nor shall any duties or
taxes on lmportations from foreign nations be {
iSio 10 promote or foster any branch of in
uusVfy. Inns, OF course, was effectual-the !,
coup de grace to protection. As a matter of
TACT, however. the need of the South for the
was rather to offer a premium on
m
1nemi ana the provision in the Constitution
never therefore, became important, the
amount OF foreign commerce beino small l
Inc only duties were laid by the blocksdino b
squadron, and these were often so heavy aS Il
TO Kill foreign trade, if they did not foster n
domestic industry. II
MI Ehett tells us also the history of the +
internal Improvement provision. To the |
anllllar clause In the powers of Congress. ''to S
regulate commerce with foreign nations and a
among the several States and with the Indian n
flbes, under which a constructive power 10 Il
'xpend money for internal improvements has Y
1eeh employed, was added proviso that the '
Congress should not appropriate T.
money Tor any internal improvement intended b
o facilitate commerce. And it wasprovided b
NAT even IN furnishing lights, beacons. and e
'uoyS, and improving rivers and harbors. tbe IL
,ost should be laid on the navigation faci- II
itated thereby" -'oi- g
1t was Mr.. Rhett, also, who proposed o
making the Presidential term six wears in p
'tead OF tour-a really sensible SUGGESTION il
.hough to be sure, it made little difference d
20 - tne case turned out And it was he. too a
mat proposed the well-known provisions for Il
Tenio'aiS from Office by the President and for l'
making constitutional amendments. Alto '
5ether, therefore, this is, as we have said an t
interesting piece OF history and the fact that II
The instrument prepared with SO much care \
was shorthyed does not decrease the interest b
1t shows, also, that though we hear much e
complaint against constitutional tinkerinp Il
neither South nor North was quite satisfied TO
live under the Constitution as it was. t