New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-02-03
THE TIECToRAI Law AS t,A NBOBssITY.

THE ELECTORAL Law AS "a NECESSITY
The country has grown too large for the
constitution. During the war the srgu-
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 a right to
do. What it may be policy to do may be
more difficult to determine" Thepowers
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 cdchet 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 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 effete 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
ali 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 king
has sometimes died in fit because the
forms of etiquette forbid the surgeon tC
shed his blood even with a lancet.
The constitution of England consists il
custom and statute. So long as an act o
Parliament or usage answers the pur
poses ofsociety it will stand for centuries
but whenever the necessities of the occa
sion require an amendment of either, Their
comes a reform bill, and the succession
the Church, the excise or revenue taxes
or the basis of representation yields II
the popular demand. Perhaps it will b
so here, and the constitution will but hav
the force of any other statute until som
national necessity shall desire q change
Such seems the indication at present
The necessities of civil war and presi
Dental election seem to have been equal
potent, the one has emancipated som
millions of slaves, and the other has give
to the national legislature the power
control and direct the other two co-ord
nate and coequal departments.