Smyrna times., 1875-03-31

clares that upon the desire of the intrrprc-
ter depends the construction, many men of
many minds, many Constitutions: and vet,
Notwithstanding the widely different views
which have been entertained concerning
| this instrument; and, Notwithstanding Quin-
! tilian's remark that perspcuous sentence
can admit of but single Interpretation,
| this w0uld-be critic of my previous article
wants us to believe that the quality prrSpi-
| cuity is one of its striking characteristics.
To the various interpretations of succeed
ing generations, he attributes the cause of
its seeming inadcquacy. Men, he says,
prompted hy passion, governed by inclina-
/ ton rather than by reason, obcdient to
heart rather than to head, are culpahly re
sponslble for the error they have committed
through what he calls their fallaciorS con-
illusions. ] deny the premises, and hence
reject the conclusion; for conscious of the
fact that the Constitution either sanctions
a national unity, or else is ii league between
sovereign States. | see no reason why they
| who hold either to the one view or to the
sidered the proper construction. As re-
| marked above, the writer with whom | am
! cOntending. detected in an evident inron-
sistency, conte>Scs that the expression of
! our Constitution is ambiguous: that it ld-
mits of different interpretations and nrmce
! fail to perceive why we. should honor
Ilayne and cpnsurc Webster. or i.ompi. Web
ster and crnsurc Ilayn". iangHage = the
| vehicle of thought. the medium Of ,.onmu-
| nication between mind and miEd Sever
the connection. and man i, an iSol;ltrd be
| ing, dcbarred from the past. and Liable in
the future 10 degenerate into a savage In
our extreme poverty with regard Ia lrccc-
dents, the Language of our Constitution, and
of the commentaries upon it, is the only
guide to the thoughts of our Fathers :
upon the subject. This language must be
taken as the exrr'-ssi2n of their wishes
and upon the pxartIIpss ~ ilultmr>> OF its
composition, depends their fultillmrnt. ii
then its composition be faulty. ~ i IS. and
if it with the many commentarie4. ir' the
only means hv which we can know the in
t.nti"n a. its framrrs. how can it hr SAIL
tux no fault lies within the instrument il
s'.!. but in t!Ic possession of that common
property passion. which is as likely to be
inherent i'll one man a. in another?
In the selection of examples to maintain
hi- position. yhr writer has b,N.n lamrntaby
unfortunate. He recall, to OR mind tit,
Virginia resolutions Of 1898. and without
mentioning the circumstances which CAV,
rise to their formation. he asks us 10 arr. l,t
the" q practiral demonstration of Tho
. truth oi his preceding assertions. These
h" inSinuatcS are sufficient to convince IL,
that amnns The Americans 0f JGg7 and 'qS
. / the meaning of the Constitution was a sub
. jrct Of no controversy and that the false
Interpretation, which have subsequently,
fruit Of the brains of certain hascr in
trigucrs." ,Iohn &. Calhoun for instance
prompted 10y passion. Well then, let us in
vc-tigatr these r,.soluti0ls let us know til,
J ny, and whcrctorc> of the case, and then
7 perhaps "" can form an intelligent opinion
Those who ar, well acquainted with th
,,"'ioi of American history will not fail t.
! i,nt;'" H. one Of its chief characteristics til,
;ntr,l-,. anim0sity which existed bctwpeI
! ih- Relaiilican and Fcdcralist As now, :,
=, tI:rt. the people were divided into two par
, ties; and naturally ON all questions Of pc
!. litiral importance they took issue: wha
, thu republican favored was opposed 10y tn
Il f,.leralSt. and vice versa. At the time q
a which we are speaking, those in power am
4 the majority in Congress were anti-rcpubl
., can; and the passage of two acts called tn
:. Alien and ScditOn laws was among the re
!. suits of their superiority. From the repul
"A Lean ranks, these acts received intense OF
20 position. TO the S,.tlit.on law they obipctc
=. bpra,lSc of its restricting their liberty
.. speech and to the alien, because of the
=. apprehension lest the office of President /
changed into that of dis2UScd king. |
IN some parts of the country, these laws r.
ed rcved but little opposition, and their col
i. .titutionality was but little questioned; bl
o. in Virginia and Kentucky, States Thorough
I, " republican in their convictions, the legi
,r l;urc declared them to be "direct an
+, .s.,,,- iniractions of the CONSTITUTIONS" an
Il WIS To- make known this opinion tn
=. J.m"s Madison and Thomas jefferson I
II. *,,rrtivrly drew up the resolutions of Il
-. a owe named States. Here then we ha
to tler II; tory, and 10 and behold we tra
~ their n.igin to the different constructio
placed by republican and fedcralist up'
,t tho Constitution. And yet in all the 81
in ccr.ty of his clnudcd understanding, o
ire critic asserts that during this period
its meaning was patent to the dIrllcst mind
re- mt he mistaken? Slightly.
.Ia come now to view Mr. Madison in
the double character Of framcr and interpret
ed. Of our Magma Charta. As the former,
r | man was more anxious for its adoptio
to and as the latter, the constitutional op
of ions of no one should be held in higher 90
L..