The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-05-19
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EDITORIAL OPINIONS OF THE LEADING JOURNALS
UPON CURRENT ToPIos-ooMPInED EVERY
DAY FOR THE EVENING TELEGRAPH.
POLITICAL PRECEDENTs.

From the ~. y Nation.
An article which recently appeared in the
Buffalo ErpreSs draws an elaborate compari-
son between the Fugitive Slave Law and the
so-caled Ku-klux bill, and justi6es the latter
statute by the precedent set in the former.
The Fugitive Slave Law, it says, was an ex-
treme measure in ihe direction of centraiza-
tion; it recognized no limit to the power of
the United States Government; 1t overrode
the sovereignty of the States; it authorized
the use of the military arm; it extinguished
the writ of haoeas corpus
and all to protect the slave
holder in his rights of property. The Ku-
klux bill, it urges, adopts the same measures,
and calls into action the same forces but
with far different object. 1t also acknow-
lodges no limit to the power of the United
States Government, and overrides the sove-
reignty of the States, but only to protect
citizens in their lives, in their freedom of
action and opinion, and in all their privi-
leges and immunities. We shall not discuss
the position thus briefly sketched, but simply
use it as the text for a few observations
which it plainly suggests upon the danger of
political precedents.
The writer in the Egpress is so carried
away by the comparison he has made between
the atrocous design of the earlier statnte and
the beneficial object of the present law, that
he fails to perceive the double nature and re-
troactive force of his own argument which
is, indeed, two-edged weapon, wounding
friend and foe alike. This argument, in q
nutshell, is as follows:-Twenty-one years
ago the party in power violated the spirit
of the Constitution in order to protect pro-
perty in slaves; therefore we, who are the
special champions of liberty and equal rights,
may in like manner and by like means violate
the spirit of the Constitution in order to pro-
tect life and personal security. Two prece-
= 4 a-l-Is u
same measures of violation, although with
very different designs Do not the EupresS,
and all other advocates of this legislation,
perceive that, when the party which was in
power twentyone years ago, or its legitimate
political descendants shall again control the
Government, it will find in this identical
example and in this reasoning ample autho-
rity for some future fugitive slave law-ample
authority by which to defend any usurpations
of power for purposes as unlawful and wicked
as those sought to be accomplished by the
Force bill are proper and just? The doctrine
that evil may be done that good may come
has always found subtle apollo
gists. 1t has often been invoked
by statesmen in the administration of public
affairs, but invariably with disastrous conse-
quences. Bad political precedents are dan
gerous in any form of government, but are
emphatically so in a government which is
servance must be to great extent voluntary,
or compelled more by the moral force of
public opinion than by material sanctions.
bad political precedent, set up for a worthy,
desirable, and beneficial end, is, in the long
run, more dangerous than similar precedent
established for an improper, unjust, and i'm
moral end.
Thus the Force bill which Congress has
just passed carries with it the possibilities of
more and greater evil consequences than
we're involved in the provisions of the Fugi-
tive Slave law. A legislation which not only
violates the organic law and the elementary
principles of political science, but also aims
at final result which is in itself iniquitous,
finds few supporters beyond the ranks of
those whose immediate interests are sub
served The common sense of justice is out
ragged, and an opposition at once springs up
which continually gathers strength until it
finally becomes successful. On the other
hand, a legislation which violates the organic
law and the elementary principles of political
science, but for worthy, desirable, and bene-
fetal end, at once finds supporters among
large classes of good citizens, who, in their
anxiety to reach the final result, shut their
eyes to the improper nature of the way and
the means. The people gradually grow ac-
customed to the principle embodied in the
unlawful exercise of authority; their opinions
are reflected by the Legislature and by the
Courts, until ipl time the measure becomes
part of the settled administrative policy of
the country and may be used as the base of q
new departure.
This process is illustrated by the history OF
the legal-tender enactment. Prior to the
war, no lawyer, nor even an intelligent citi.
zen, would have hesitated moment in pro-
nouncing against the validity of such q
statute. 1t was adopted as an experiment
under the supposition that 1t was absolutely
necessary. The people have acquesced and
the courts have sustained it, and for aught
that appears it may remain permanent fea
ture of our financial system. But it contains
the assertion of power in Congress to break
up and destroy all private contracts and per
sonal obligations, and leaves no safe
guard against the exercise of such power
In this very process lies the great danger
which must always accompany the kline
of legislation we are describing. When
in the course of time, other measures iden
tical in principle, but seeking to effect some
unworthy and immoral objects, are propose'
and passed by those who confessedly bas
their action upon the precedent already set
the better citizens will find themselve
estopped from making any opposition; thei
mouths will be shut, or at least all the fore
will be taken from their arguments, and thei
circumstances will be unhseded. In publ
as well as in private life, with political com
munities as we'll as with individuals, bad prac
tices to accomplish good results must newt
ably end ia total demoralization, IN an entir
destruction OF the practical distinctions be
tween right and wrong.
1t ought not to be necessary to remind an
one that the good and wise and virtuous wi
not always control the administration of put
lie affairs: there must be changes and vas