New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-01-31

THE ELECTORAL Law AS "A NECESSITY
The country has grown too large for the
constitution. During the war the argu-
ment was made on both sides that the. law
did not provide for the exigency, and on
each side measures were adopted for which
there was no warrant offered either in the
letter or construction of the constitution.
On one side Thaddeus Stevens, speaking
on the right of ultra measures during
state of war, said: ITO my mind there
can be no doubt what we have right to
do. What it may be policy to do may be
more difficult to determine" The powers
accorded the Confederate executive were
wholly inconsistent with the limitations
or reservations of the constitution. The
Governors of Louisiana, Georgia and Ar
kansas protested severally against the en-
croachments of the Confederate govern
ment upon the rights of those States We
have been concerned to see that the same
argument of necessity has been employed
in the recent debates upon the electoral
bill and even in the message of the Pres
ident. 1t has been alleged that the dis
trust of the election, the discomfort of the
people-with the danger of civil strife was
such, as to justify measure not warranted
by the terms of the constitution or the
previous practice of the government.
1t may be possibly the fact, but it in
wolves an admission that the constitution
does not provide for executing its own
duties, or that the people will not submit
to the forms of fundamental law. The
adoption of the electoral law makes the
representative department of the govern
ment supreme. The lettre de cdcbet sent
to Louisiana to take State officers, and
compel them by confinement to disclose
the reasons why they have performed an
official State duty is the last appearance
of the States in a sovereign capacity. 1t
consolidates the national powers in the
expression of the popular will through a
single popular function. We do not sup
pose that Republicans should complain of
pure Democracy. 1t can not be viewed
as dereliction of principle if the Senate,
the judges, and electoral system shall
hereafter, be like the House of Repre-
sentatives, based exclusively on numbers,
and the defunct and efete machinery of
the constitution retired and set aside for
ever.
The argument of necessity involves such
change in the institutions of nation as
will keep pace with its progress. If such
an emergency may arise as will render the
suspension Of the constitution necessary,
then The whole nation should be called in
council upon the shortest notice, lest the
life of the nation should perish, as a king
has sometimes died in a fit because the
forms of etiquette forbid the surgeon to
shed his blood even with lancet.
The constitution of England consists in
custom and statute. So long as an act of
Parliament or usage answers the pur-
poses ofsociety it will stand for centuries,
but whenever the necessities of the occa-
sion require anamendment of either, there
comes reform bill, and the succession,
the Church, the excise or revenue taxes,
or the basis of representation yields to
the popular demand. Perhaps it will be
so here, and the constitution will but have
the force of any other statute until some
national necessity shall desire change.
Such seems the indication at present.
The necessities of civil war and presi-
Dental election seem to have been equally
potent, the one has emaneipated some
millions Of slaves, and the other has given
to the national legislature the power to
control and direct the other two co-ordi-
nate and coequal departments.