Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-03-06

safeguard.
It is to be hoped that not until the bur-
dens now pressing upon US with such
fearful weight are removed will our peo-
ple forget the lessons OF the war, and
; that, remembering them from whatever
source, peace between sections and States
may be perpetusted. The history of late
events in our country, as well rs OF the
greatest governments Of ancient and
modern times, to teach US that we have
everything to fear from departure from
the letter and spirit of the Constitution,
and the undue sscendency of men al
lowed to assume powers in what are con-
sideTed desperate emergencies. Sylla,
on becoming master of Rome, at once
adopted measures to crush his enemies,
and to consolidate the power of his party.
He established military colonies through
out Italy, deprived of the full Roman
franchise the inhabitants of the italian
towns who mad opposed his usurpation,
confiscated their lands and gave them
to his soldiers, and conferred citizenship
upon q great number of slaves belonging
to those who had prescribed him, thus
creating st Rome a kind of body guard
for his protection.
After having given Rome over 10
slaughter and tyranny, beyond ali ex-
ample over those opposed to him, and
/ the legiOns his terrible instrument of
/ wrong, Sylls could yet feel safe in laying
down the ensigns Of power so dresdfuhy.
abused, and in mingling freely with the
families and friends Of his myriad vie
tins. Tne fear which he had inspired
continued after his voluntary abdica-
ton, and even in retirement his will was
+ law to people who had permitted them
/ selves to be enslaved. What but subtle
| l.. kE.,N
man people bad become changed, dis
/ outraged, and utterly broken in spirit
could haze induced this daring as
sumption What but public indiffsr-
enee to consequences so terrible as TO
leave Rome open to every calamity
which sGbsi quently befel her could have
/ justified the conclusions of the dictator
and tyrRnt ia his startling experiment
/ We find that in the time which has
! since elapsed human nature and the eXi-
/ gene es in government have not greatly
changed. Who, g few years ago, in con-
templaling our future, could have sup
posed that in q brief period Of bitter ex.
perience everything that demanded, in
the name Of military emergency, or die
I tated by caprice, would come TO be con-
sidersd IS matter Of course; that con-
scriptiOn, corn scati0n, loss OF personal
liberty, the subjsctions Of States TO mill
tary rule, and disfranchise semsnt, with
the extension Of the right of suffrage,
merely to accomplish party ends, would
! receive the passive submission, If not &C.
guieScence, OF the people OF the Republic?
/ Il has been elesFiy demo monstrated by s
/ recent occurrence that encFOaShmsnts
upon the Constitution cannot be pre-
/ vented by the President, however de-
voted or determined he may be. That
unless the people interp0se there is no
I power under the Constitution to check a
/ dominant HasJOTitg D. tgo-thiEds OF the
/ Congress Of the United States, An Gp-
/ peal oi the nation is attended with too
/ much delay to meet the emergency. II
J left free 10 2ct, the people would correct
( in liEle s;}ch evils 50 Clight follow legis-
/ lative usUrpatiOp. There is danger that
| the same power which disregards the
| Constitution viii deprive them Of the
right to change their rulers except by
revolution.
! We have already seen the jurisdiction
, OF the Judiciary circumscribed. Wnen
/ il was sppreheuded that t,4e coErts Youl@
decide sgsinst the laws having for their
sole obj let the supremacy OF party, while
the veto power lodged in the Executive
/ by be Constitution for the interest and
proe itiOn OF the people and exercised
/ by " ashington and his successors, has
been rendered nug4tOry By q partisan
msj)rity of two thirds in each branch Of
the national Legislature.
The Constitution evidently contem-
plates that when bill is returned with
the Presidents objections it will be calm
/ ly reconsidered 10y Congress. Slch,
however, has not been the practice un-
der the present party rule. 1t has be-
come evident that men who pass q bill
under partisan influence are not likely
through patriotic mo ives to admit their
error, and thereby weaken their own or
ganiz iti0n, by solemnly confessiQg it un-
der the off ,isl oath. Pride Of opinion,
if nothing else, has interviewed and pre-
vented calm and dispassiOnate recon-
sideratiOn Of bill disspproved by the
Executive.
Much as l venerate the Constitution it
must be admitted that this condition Of
affairs had developed defect which, IN
der the oppressive tendency of the legis-
lstive department Of the Government
may readily work its overthrow. 1t
must, however, be remedied without dis
tuIbing the harmony of the instrument.
The veto power is generally exercised
upon cnpsututional grounds, and wher-
ever it is so applied Ssd tha bill returned
with the Executives reason for with
holding his signature, it ought to be i'm
mediStely cerufed to the Supreme Court
Of the United states for its DECISION.
II its eOnstitutiOnslity shall be de-
clared by that tribunal it should then be-
come q law, but if the decision is other
wise, it should fail, without power in
Congress t. re-ensct it. 10 cases in
which no constitutional question is in
volved, would net change the funda-
I 10 T. it, Oh.
nsQt evil can he Incorporated in the fed
eEsi system. 1t Is obviouF that, without
such Aa amendment, the Government
rs il existed under the Constitution prior
10 the rebellion may be wholly subverted
and OyeFttrown by atwo-thirds msjority
in Congress.
j. is not, therefore, dihicuit to see how
easily ard rapidly the people may lose -
shall not say have lost-their liberties,
By unchecked and uncomfortable su-
thority in their law-making power, and
whenever deprived of their rights how
powerless they are to regain them. Let
US turn for moment to the history OF
the majority in Congress which has
acted in such utter disregard of the con-
stitutiOn. While public attention has
been carefully and constantly turned to
the past and exposed sins OF the South,
tpe servants OF the people IN their high
place have boldly outraged their trust,
broken their Oaths of obediSRce and un-
dermined the very foundation of liber-
~, just and good government.
When the rebellion was being sup
pressed by the volunteered services Of
patriotic soldiers amid the dangers Of the
battlefield, these men crept without
question into place and power in the
national councils. After all danger had
passed, when no armed foe remained,
when penitent people bowed their
hee DIS to tue flag and renewed their ale
glance to the Government OF the United
States, then it was that the pretended
patriot appeared before the nation and
began to prate about the thousands Of
lives and millions OF treasure sacrificed
in suppression OF the rebellion.
they have since persistently sought to
infame the prejudice engeDdered be-
tween the sections, to Tetard the restora-
tion of peace and harmony, and by
every means to keep open and exposed
/ to the poisonous breath of party passion
/ the terrible wounds of four years war.
| Faey have prevented the return OF peace
and the restoration of union; in every
way rendered Gelusive the purposes,