Union and American. [volume] (Greeneville, Tenn.) 1875-1877, 1876-01-27
DID THE "ARBITRAMEET or THE
SWORD" REPEAL THE COW
STITUTT0Ef

''ipN ahS
largely from the constitution, as
to granted powers, and from the
writings of MADISON in expound-
ing the scope and nature of these
grants, these writing having been
given to the public prior To the
adoption of the constitution and
for the purpose of inducing the
States to adopt it.
Mr.. TUCKER declared himself a
strict constructionist, explaining,
briefly, that he favored the prin-
ciple of individual liberty, the
principle of local government in
its struggle against centralized
power, and the exemption OF the
American destiny from the con-
trolling influence of European
policy.
We had supposed that the only
question of institutional right
settled by the result of the late
appeal to arms on the part of the
Southern States was the right of
the State to withdraw at will, or
on its own discretion, from the
Union. That more was claimed
we had never heard. 1t was
patent that Congress had tran
scended granted powers in a great
number of instances, but tie ex-
LICENCES of war were alleged in ex-
tenuation of the usurpation, and
even the Supreme Court of the
United States held that the excuse
was valid, as in the case of the
issuing of legal tender notes.
But the decision confirmed moth
ing. The powers of Congress
were still the same. Constitu-
tional definition was still the limit
| Of Federal power, and to go be-
| You'd that was to violate the oath
of Office. But it would seem from
the expressions of opinion elected
from the republican side of the
House by Mr.. fuckers speech
lFhat the war not only settled the
velf, questionable right Of the
State to secede, but that it also in
vested Congress with power as alb
solute as that of the English Par
lament. In their views of these
things the con stitutiOn is to be
respected when it permits them
/ tile exercise of powers necessary
to- the accomplishment OF their
pet schemes; and when 1t does not
so favor them it is to be run over
and trampled under foot S an in
strument which has been set aside
and antedated by the result CT a
civil conflict between factions, both
of which we're outside of It's pro
visions and sought to establish an
order of things which it forbade
them. The secessionist was met
by the declaration Of the Iperpetuity
Lof.the Union, while the advocate
of Capitalization had defined pow
ers to contend with.
g, Every day witnesses some new
developments IN the scheme for
Capitalization. The Republicans
sheer when constitutional provis
ions are quoted in opposition to their
desires and vauntlngly refer to "the
arbitrament Of the sword"
The road toward Capitalization is
over the ruins of the Union and
their progress is marked by the
fragments ofthe constitution which
they are destroying. AS the
Roman victor of old marched
triumphantly through the streets
Of the Eternal City with his cap
tiyes chained to the chariot wheels,
so the Republicans sun them
selves in the results of the war
and parade their conquests over
the constitution of our fathers on
the floor of the Capitol OF the
county. ltis a shameful picture
and one that should not be EN-
dured by the people. 1t is usur-
patton and nothing less for these
men to claim that their judgment
is superior to the constitution, and
every Indication points to the day