The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1873-09-29

go BACK TO FIRST PRINCIPLES.
II is now some eight years since the re-
bellion was suppressed, and some four
years since the work of demonstrating
the states. which had attempted to scccdc,
has been practically accomplished, and so
acknowledged by the admission of their
Senators and Representatives in Congress.
1t is probably true that Congress had the
right to interfere in the matter of recon-
strlction. under the constitutional provis-
ion that 1.-THE United States shall guaranty
to every state in the Union Il republican
form OF government" During the war
Congress and the executive department as
sumcd extraordinary powers upon the
ground OF military necessity" and they
were. without much doubt. justified in so
doing by the extraordinary condition of af-
fairs "A condition which the trainers of the
constitution had not anticipated or provided
for as, also. by the rule that the safety of
the republic is the highest law. 1t became
necessary to raise money with which to
carry on military operations. as it was like
wise necessary to provide a currency for
the people. Gold was boarded up and
there was no money with which to pay
debts, eXceptin deprecated state bank bills,
which creditor could take or not as he
saw fit, and which could not purchase sup
A ,,ntto al lao, Il,
ruptcy impended. and. therefore in the
exercise of assumed or real powers the
illegal tender act" was passed and we were
saved from ruin. In this, the government
was justified for the period of the war 1t
was measure of absolute necessity and
was for the public safety. AS war meas
IRE it was justifable and eXcusable. and
has been pronounced by the Supreme
Court of the United States, by the opinion
of bare majority of the judges, to be con-
stitutional. 1t is so pronounced because
Congress had the power to ''coin money"
and CIRCULATE the value thereof" as, also,
on the presumed ground that because the
constitution had prohibited the several
states from making "anything but gold
and silver a tender in payment of debts"
the right was reserved to the general gov
eminent. While we bow to the decision
of the highest judicial tribunal of the land,
we cannot forget how it was obtained or
doubt that but for the supposed or actual
necessity it would have been otherwise. 1t
seems to us, a layman, that it might with
the same reason be argued that because
states were forbidden to pass laws impair
ing the obligation of contracts. that right,
also. was reserved TO Congress.
These are not a 1.-THE of tie doubtful
powers assumed by the government on
the plea of military necessity" based
upon the maxim that the safety of the
republic is the highest law. We have re-
ferred to these instances, because by a
subtitle course of reasoning. they have and
can be rcconciled with the constitution.
OF the many others, some of which con-
tinue to the present day, which are in vio-
lation both of the letter and spirit of our
organic law, we need not speak they are
familiar to all. Is il not about time the
government and Congress ceased to assume
these doubtful powers There is no
military necessity" now. We have been
in state of profound peace for eight
years, and if we are ever to conform to
the constitution, il is about time We COM
menccd. Governments are organized for
| "a M nd only al
and when they depart therefrom there is
danger 1t is getting to be somewhat old
fashioned to believe in the Declaration of In
dependence, yet the whole object of gov
crnments is correctly stated therein. to be
to secure the rights of life, liberty and
happiness. The constitution. as the pre-
amhlc states, was ordained and established
''in order to form more perfect Union,
establish Justice, insure domestic Tran
quillity, provide for the common defence,
promote the general Welfare, and secure
the blessings of Liberty" How these
several objects are to be secured are laid
down in that instrument itself. 1t is
also, becoming old fogyism to have any re-
! gard to the constitution The general
government, the majority of Congress,
the people and the press seem to have
forgotten that there is any such instru-
ment, or, If there il, that it is of any
binding force. Courts are packed for the
very purpose of deciding law consti-
tut!onal, which, by Its very terms, is
hagrantly in violation both of the letter
and spirit thereof This is the case not
only where the judges are appointed by
an executive, but, also, where they are
elected by the people. In the case of an
executive appointment, with the tonni-
vance of legislative body increasing
the number of judges, the effect was i'm
mediate, and the object of the increase
and particular appointments-fo there
was nothing in the appointees, either
reputation, legal requirements, or judicial
experience to entitle them thereto-was
so apparent that, even, the most stupid
dolt could see 1t. With the people there
has been but few instances, and they have
failed of their object. We must come
back TO first principles. Doubtful powers
must not be assumed, and the people