Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1871-05-06
Political Precedenss.

The New York Nation is beginning to recover
from the alarming fit of dependency into which
it was thrown by the passage of the kuklux
bill. 1t still thinks that measure dangerous
political precedent, but can now discuss it in
calmer temper than it was able to command
week ago. The purposes of the law are admitted
10 be proper and just; it is dangerous because it
violates the spirit of the constitution and may be
used as mischievous precedent for other viola
tons, to promote purposes as unjust and
wicked as these are desirable and benefcent
If this act were clearly violation of the organic
law, it would, notwithstanding its unworthy
object, be open to the objection of doing evil
that good might come. 1t may be conceded
that this legislation is not consistent with the
views of the constitution that were generally ac-
cepted in earlier times There was then no
urgent demand for the exercise of such powers
as congress has now thought essential to the
national welfare, and their existence was there
fore unsupported.
In defining the constitutional distribution of
powers between the general government and the
states, the positions taken by the courts and by
statesmen, on points more or less nearly re.
lated to those now in question, were inconsis-
tent with the authority now assumed by con-
gress. But the recent amendments of the con-
sttution materially change the aspect of the
constitutional question, and moreover in ely
ing implicitly upon presidents, we overlook the
tactthat constitutions, however carefully drawn
are not, and in the nature of human society can
not be, insuperable obstacles to the progress Of
ideas and institutions. interpretations change
with the exigencies of changing circumstances
There is no question, in regard to which in.
depreciation is called for, which is not capable OF
receiving very diverse answers, each of which
can be maintained, not only with plausibility,
but with solid and weighty arguments The
scale is turned, perhaps by the sense OF the po-
htcal necessities of the time, perhaps by the as
sociahons and habits of thought of those upon
whom falls the responsibility of deciding
In the early days of the republic the people
cherished the idea of local independence, and
dreaded the dangers of Capitalization. All
doubtful constitutional points therefore received
construction in accordance with this popular
bias. AT present the tendency is the other way
Ito strengthen the national government and
enlarge its authority. This may be wise or un.
wise, but it is natural and unavoidable. Other
governments have passed through similar
changes. Written constitutions cannot prevent
them. They may impose some restraint and
make the process of change less abrupt and VIC
lent but the cf6ages will come as society and
institutions are Developed and new exigencies
arise. Governments are made for the people
and when the people are convinced that new
methods are needed for dealing with new prob
lens, the demand must be met either by formal
changes III the organic law, or by finding in the
OLD letter spirit and meaning which earlier
commentators had not discovered
This process the Nation thinss is de,ooro,;..;,,
ana obstructive oil the practical distinctions be.
tween rlght and wrong. Ii might be so IL car
ried to the extent Of reckless disregard of con
sdtutional restraints; but this is not pecessa RI
ly implied in it, and has certainly not been don
in the case of the force bill. The constitution
atty of that measure was, at the worst, doubtful
1t was maintained by some of the ablest const
tutional lawyers 10 the senate and the hous
and by arguments which cannot be disposed {
by calling them partisan and demagogical h.
rangnes. This act may he used as a preceder
by the democrats If that party should come int
power again, and, so far as it is applicable, it
perfectly fair that it should be Sc used tn
democrats, when their turn comes, will, {
course, take the government as they find il, wit
Whatever changes in its powers and its relation
70 'oe states have been made by the events an
inc legislation Of the past. The copstitutio
was intended as guide and restraint, but
was expected by the founders Ct the govern
Dent to remain alone immutable among q
changing human institutions, and as the N,
ton says, to be a safeguard 10 project tho ma,
pie from any possible evil consequence Of tbe,
social and political revelations" then tho,