Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-03-12

and, as L have already lntlmated, Win the
distant future.
The war, all must remember, was a stu
lpendous and deplorab,e mistake. Neither
side understood the other and had this
simple fact and its conclusions been kept
in view, all that was needed was accom-
p!ished by the acknowledgment of the ter
rible wrong, and the expressed better feel
ing and earnest endeavOr at atoncment
shown and felt in me prompt ratification
Of constitutional amendments by the South
ern States at the close of the war. Not &C
icepting the war as confessed false step
on the part OF those who inaugurated it,
was an error which now only time can cure,
and which even at this late date we should
endeavor to palliate. Experiencing, more
over, as oil have done, the frightful cost of
the arbitrament Of the sword, let us, in the
future, cling closer than ever to thea Con,
stitution as our only safeguard. 1t is to
be hoped that not until the burdens now
pressing upon us with such fearful weight
are removed will our people forget the les
sons of the war ; and that, remembering
them from whatever cause, peace between
sections and States may be perpetual.
The history of late events in our country.
as we'll as of the greatest Governments of
ancient and modern times, teaches that
we have everything to fear from de-
parture from the letter and spirit of the
Constitution, and the undue ascendency OF
men allowed to assume power in what are
considered 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 iuha bitants of the Italian
towns who had opposed his usurpations ;
cOufscated their lands, and gave them to
his soldiers and conferred citizenship
upon & great number OF slaves belonging
to those who had prescribed him, thus
creating at Rome kind of body guard for
his protection. After having given Rome
over to slaughter. and tyrannized beyond
all example over those opposed to him and
the legions, his terrible instruments Of
wrong, Sylla could yet feel safe in laying
down the ensigns of power SO dreadfully
abused, and in mingling freely with the
families and friends Of myriad Victims
The fear which he had inspired continued
after his voluntary abdication, and even
in retirement his will was law to people
who had permitted themselves to Ice en-
shaved. What but subtle knowledge and
conviction that the Roman people had be-
come changed, discouraged, and utterly
broken in spirit could shave induced this
daring;assumption What but public indif-
ference to consequences so terrible as to
leave Rome open to every calamity which
subsequently befell her. could have iusti-
fed the conclusions of the dictator and
tyrant in his startling experiment.
We find that in the time which has since
elapsed human nature and exigencies in
government have not greatly changed
Who, few years past, in contemplating
our future, could have supposed that in a
brief period of bitter experience every
thing demanded IN the name of military
emergency, or dictated by caprice, would
come to be considered as mere matters of
course; that CONSUMPTION, confscation, loss
of personal liberty, the subsection Of States
to military rule, and disfrauc!lisenc ent.
with the extension Of the right of suffrage
merely to accomplish party ends. would
receive the passive submission, if rot &C
quiescence, Of the people CT tho Repub-
&c?
1t has been clearly demonstrated, by re-
cent occurrences, that encr0achments upon
the Constitution cannot be prevented by
the President alone. however devoted or
determined he may be, and that unless the
people interpose there is 20 power under
the Constitution to check O dominant ma
IiOrity Of twC-thirds III the Congress of the
United States. All appeal to the nation,
however, is attended with toe much delay
TO meet an emergency. While, if left free
to act, the people would correct, in time,
such evils as might follow legislative usur-
patton, there is danger that the same pow
er which dlsregards the Constitution will
deprive them of the right to change their
rulers, except by revolution. We have al
ready seen the jurisdiction OF the Judiciary
circumscrbed when it was unprecedented
Ttnt tho pp1rta U-oy,ll ,Jooi1o 10
having for their sole object the supremacy
of party, while the veto power, lodged i'll
the Executive by the Constitution for the
Interest and protection of the people, and
exercised by Washington and his success
slors, has been rendered nugatory by d
partisan majority Of two-thirds in each
branch of the National Legislature. The
Constitution evidently contempIates that
when bill is returned with the Presidents
objections it will be calmly reconsidered
by Congress. Such, however, has not
been the practice under present party rule
1t has become evident that men who pass
a bill under partisan influences are not
likely, through patriotic motives. to ad-
NIT their error, and thereby weaken their
own organizations by solemnly confessing
it under an official oath. Pride Of opinion,
If nothing else, has interviewed, and pre-
vented a calm and dispassionate recODsid-
Grafton OF a bill disapproved by the Exec
utive
Much as I venerate the Constitution, it
must be admitted that this condition OF
affairs has developed defect which, under
the aggressive tendency of the Legislative
: department of the Government, may
readily work its overthrow. It may, how
ever, be remedied, without disturbing the
harmony of the instrument.
The veto power is generally exercised
upon constitutional grounds, and when
ever 1t is so applied, and the bill returned
with the Executives reasons for withhold
ing his signature, it ought to be imme-
diately certified to the Supreme Court of
the United States for its decision If its
constltutionality shall be declared by that
tribunal, II should then become a law but
If the decision is otherwise, it should fail
without power in Congress to re-enact and
make it valid.
In cases in which the veto rests upon
hasty and inconsiderate legislation, and in
which no constitutional question is in
volved, would not change the fundamen-
tai law; for in such cases no permanent
evil can be incorporated into the Federal
system