Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-03-27
THE CONSTITUTION AND TIE
yAHFIE or AN GATH

A-S rAOOCutldto ~ VIII 0A4i-n, ~ Va
the Senators elect from Mississippi, we've
referred to the Judiciary Committee of
the United States Senate, and that COM
mittee after a careful investigation, re-
ported that he is ineligible because be
had not been citizen of the State the re-
quired length of time The ultra Radi-
Gals in the Senate, however, determined
that Ames should have his seat and this
became perfectly apparent when the ques-
ten came up on the Esd inst, when VIII
liams, of Oregon, Morton and others took
decided ground in favor of his admission.
Nh. Carpenter, of Wisconsin, radical, }
who is member of the Judiciary Com
mittee, Indignantly denounced the wrong
proposed 10 be perpetrated. From the
report of his speech, as autographed from
Washington, we extract as follows:
Mr.. Carpenter said that, after careful
investigation and impartial report upon a
dry, legal question, the Judiciary Com
mittee had been assailed with q warmth
and vigor that would seem to indicate
they were in conspiracy to overthrow
the government and to endanger the ex-
istence of the Republican party. His
| own inference from this treatment was
that be thought the Senate appreciatedthe
fact that it was sometimes sweet to quar-
rel with tiresome friend that the Ju-
dietary Committee had come TO be regarded
as useless member of the body, as be-
longing to condition OF things when the
constitution was supreme. When a po-
litical measure must be put through this
body, and when the constitution must be
disregarded, the Judiciary Committee, in
the nature of things, was q useless ma
chine; and, so far as his (Mr Carpen-
ter's) connection with it was concerned,
he was willing TO enter into a written
| stipulation, stamped under the revenue
law, that it would be abolished tomorrow.
Conceding, for the purpose
! of this discussion, THAI whenever the
constitution stands in the way of what
we deem human rights; of what we
deem a temporary advantage; of what
we deem party end; that ii is to be
tramplcd under foot and disregarded-
conceding all that, and that is all that any
Senator can claim for modern progress in
the revolutionary Notwithstanding all
| that, the case of Gen. Ames does not fall
within the concession. A decent respect
for things past; a decent regard for the
theory of our Government; a decent re-
| gard for our solemn Oaths should dictate
that the constitution is not to be trampled
under foot, except in cases of great ne
cessity, cases of great corresponding ad-
yantages to the country, or to the party,
or TO human rights, or to somebody.
What inducement, then, is there now to
trample upon the first letter of the con-
stitution9 What is the necessity for Gen.
Ames taking his seat immediately Does
the fate of the republic, of our party or
of any public measure depend upon it
No, sir. Here we are in profound peace,
with the Republican party in power in
more than two-thirds of the States, and
there is Mississippi to-day Republican in
both branches. If we say to-day Gen.
Ames is not entitled TO his seat he can re-
turn there and without objection or diff
Guilty be sent back here within six days
from this time. There is no reason what
ever why the Senate should not decide
the question upon strict principles.
The St Louis Republican says Mr..
Carpenter has done service to the coun-
try, and adds: An inquisitive public has
long been extremely puzzled to under
stand what precise value an oath to sup
4 port the constitution of the United States
has in the eyes of Republicans. In the
cases of Davis, Lee and the rest of the
Confederates, it meant that they were all
| perjured traitors, for acting on a consti-
tutional construction which was religious
ly believed in by great many thousands
of people in the South. Whether right
or wrong, they held allegiance to be due
| primarily to their respective States; but,
nevertheless, whenever their names are
mentioned such scrupulous periodicals as
Hayper'8 insist that they are to be con-
signed to personal infamy as felons, and
most of the Radical journals echo and
| re-echO the sanctimonious hue and
cry. On the other hand, when
any Southern proconsulate is to
be reconstructed into a Radical
State, q most accommodating spirit
is shown in softening down the harsh fea-
| lures of a solemn oath-even one made
in old law phrase, "On the Holy evangels
of Almighty God"-to support the vene-
rated character of our national Union.
Senator Schurz, having had large personal
experience in rebellion in his native land,
modcstly suggested that in the case of
Georgia some good might arise from at
least an external respect for constitutions
and laws; but Senator Drake scattered
such timid scruples to the winds, and de-
clared that he cared nothing about the
legal questions involved, and that to him
it seemed the duty of Congress to protect
the loyal people of Georgia, no matter
how many constitutional barriers might
stand in the way. In this dilemma, be-
tween the strait jacket put upon Davis
or Lee, and the ample gown in which a
Drake or Sumner may move
his Senatorial limbs, it is a re-
lief to receive from the Wisconsin
Senator a declaration which has
all the precision of legal definition, on
this not wholly unimportant subject of
official oaths. His practical turn of mind
led him to advocate the abolition of
the judiciary committee of the Senate,
as "a useless member belonging to q con-
dition of things when the constitution
was supreme" and he conceded, as the
now orthodox Radical doctrine, that
''whene8er the constitution stands in the
way of what we deem human rights, of
what we deem a temporary advantage, of
what we deem party ends, it is to be
trampled under foot and disregarded."
Thus far his doctrine agrees substantially
with Mr.. brakes; but he introduces some
notifications which, we presume, may
be regarded as the 'fast word" of the
Radical school of constitutional law.
GA decent regard for solemn oaths
should dictate that the constitution should
not he trampled under foot; except in
cases of great necessity and of great cor
,oe,,ond;np advantaue m TO cOl1rItrV (9l