National Republican., 1877-07-16
THE CONSTITUTION SHOULD BE
MADE AUTHENTIC AND EX-
By TTfr

Constitutions IN free Countries are sovcr-
oign commCts, entered into by the people
for their own guidance and control as ma
ton III matters of government and for pur-
poses of the general protection against do
nestle violence and foreign invasion. They
ever reflect, or must lie taken to reflect, the
will and wishes of those creating them at
the time Of their adoption, but in the ma
ture OF things their declarations of principle
cannot anticipate the flight Of years. a
constitution framed to day may, and 1t may
not, he adapted TO the conditions of society
and civilization one hundred years hence.
II is too apt TO he the case that each gcner-
alton when engaged in providing for its day
rrEaiuF lis standpoint as being on the out
posts ct discovery and progress, and judges
that there is hut little 10 lie evolved in the
iulurc of which it has not actual knowledge
or lively imnyinings. And most of all, per-
hals, do the people Of one era fail to under
stand and appreciate the difference in num-
bcrS, wealth aud enterprise between them
selves and their descendants of another
when dnf'ut the provisions Of or
canc law intended to be perpetual
IN its operation. The con cIurncc
IL that forthcoming generations find
the wisdom of their fathers insufficient for
the demands of their changed cirrum-
stances. and the rules of government set up
hy them inadequate to the public safety
aud economy. Especially is this the Ease
where SOM great change in the social con-
dition has taken place, and the relations of
capital and labor have been disturbed by
the occurrence TO such an eStcn, rs TO rem
der the new status n stranger TO the supreme
law as previously construed. And still
more particularly is the assertion true in
cases wheIc violence has ovcrthrown pro
SCrlptIvc institutions and Government
has maintained its integrity only by en-
ploying opposing force, the legitimacy OF
whose use is denied by the nsSailants rs
hcIpg IN conflict with the original compact.
In such n ease there remains two antagO-
rving constructions Of the Constitution,
ore al which, although set aside by the au-
thrr,iy il disputes, is still entitled to n
bearing in the former, If not In the courts,
uniil the provision is changed in the letter;
aud the other. of which, although affirmed
and enforced by imputed nsurpation, is
still without the ratification OF the people
" hose dcstiues are controlled by the prcce-
dent established.
This is the situation of the United States
to-day. The Constitution under which we
always contested, asserts the right Of prop
erty IN man by nlording protection to the
right. while m amendment alleged to have
been uulawiully adopted because not rati-
lied by willing people. declares that such
right docs not exist The Constitution, ns
construed by one portion Of the country,
vests in the General Government the power
to maintain itself by coercion rs against all
comcrs, while the other portion, although IN
the Union by virtue of the popularity Of the
opposing view. denies the assumption. and
asserts that tho sovereign power resides in
the States alone, and that only delegated
power reposes in the General Govcrnmrnt
In view OF all this, il is entirely apparent
that our Constitution clashes either in letter
or in construction, and thus serves Ia divide
the people in their views and feelings, III
stead of ccmenting their nn,,t"n> with Il
common sentiment And, this being so, it
would seem too plain TO require the assertion
that there should bo III early rcassemblins
ot the people in n national body for the pur
pose Of revising the organic law. and max
| inv 1t harmonZe with the majority opinion
in accordance with the spirit announced ii
the preamble. As il is it l. not a Constitu
tun Mt all in any true srnSc. because de
lective in respect OF these vital questions.