New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-03-21
THE CONSTITUTION ExPOUEDERS.

churches and schools"
THE CONSTITUTION EXPO UHDERS.
Our friends of the Southern Democracy have
ALWAYS had a habit of talking about the Fed
eral Constitution as though 1t was an lnven-
ton of their own, which 10 one bnt themselves
thoroughly understood or could reasonably
explain Upon al political questions 1t Is their
habit TO speak with authority upon the Con-
stItutiOn they are nothing unless oracular.
They fell into this way OF expoundlng
the Constitution a great many years ago; ana
although on several occasions their most posi-
tive interpretations have been by the highest
authorities adjudged unsound and false, they
still cling not only to the old views, but to
the old absolute and at times dlctato11al
manner of expressing them. And they are
very remarkable views Withal. There's some
thing very like fetichism i'll their regard for
not exactly the Constitution, but their inter
pretatiOn of that instrument. When these
gentlemen retired from the Union a few years
ago, il will be remembered that they took
esDecial pains to leave with us before they
went, in pity of our ignorance, their deliber-
ate udgment that under the Constitution
they could not be cOerced. And when they
found that coercion was contemplated, they
almost wanted to come back long enough
to vote against it, just to save the infraction
of that sacred instrument. SO. too, when
the events of the war led UP to interference
with slave property, first to the refusal to re-
turn fugitIves escaping to our lines, then to
their confiscation as contraband of war, and
finally to their emancipation, every step of it
elected grOans from these Southern Democrats,
who could not bear to see the Constitution
overridden in such reckless manner. And
they wrung their hands with vexation when
the enrolment law was passed; when the
draft was enforced; when public enemies
were imprisoned or sent through the lines {;
or whenever anything else was done out Of
the usual order under the necessities of war
not because it strengthened the Government, but
because it was in violation of the dear old Con-
sttutiOn Their strong hold has always been the
Constitution, as they interpret it. If they
could only have bound the Government by
their Interpretation of the Constitution III
1861, the rebellion would have been a
success.
1t ought not to surprise us, Of course, to find
those gentlemen who expOunded the COnstitu-
ton so oraculary to us before the war-whO,
when they packed their trunks and went
away, kindly left us expOsitiOns Of consti-
tutona law sufficient to last through the
emergency created by their withdrawal, and
who all through the war were giving such
constant exhibitions of their sOlicltude for
the integrity Of that instrument-still full of
devotion to it, and OVERLOOKING with inforna-
ton concerning its mission and its meaning.
IL tact, it does not surprise us. We cannot
conceive of anything from that quarter
in the way of perfect assurance that
could give us surprise. And yet, as there
have been differences heretofore as to the ma
ture and functions of the Government, the
limitations Of the Constitution and the duties
and privileges of citizenship. and as our
Southern Democratic friends, with all their
poSitiyeness, have not always been sus-
tanned in their views by an enlight-
ened public judgment, we shall venture
to say that the opinion of The Mobile RegiS-
ter concerning the rights under the COnsti-
tuition and the theory of our Government, of
the persons lately engaged in rebellion, is
not generally accepted at the North az the true
view. "Why should any at the South have
1" been compelled to ask for pardOn?" The Reg
"ister inquiries, and adds: There is no Gov
"ernment i'll this country except that made
"by the people. Hence, as the South soon
"assisted in forming that Government, in
asking pardon she addressed her petition
partly to herself. This was manifestly
absurd" etc. This is the reason given why
neither Mr.. jefferson Davis nor any other
person at the South should have been com
PEELED or expected to ask pardon Of the
Government they had sought to destroy,
before being permitted to participate in all
the privileges at the Governments be-
stOwal. To put 1t with trIfle more brevity,
1.-The people make the Government; cOnse-
"quently the Government cannot govern the
"people." Mr.. Davis, with others, committed
a crime-wasn't II g-against the Government.
BY their crime they forfeited their rights as citi-
zens. 1t was held not long ago that pardon was
necessary for the restoration of these rights.
Under the Alabama Interpretation OF the theory
of our Government, il seems this WAS a mistake.
These men are the people; the people make
tine Government; they can't offend against
themselves, and, of conlse. can't ash pardon
of themselves.
The application Of this reasoning, if made
general, would put IN end to all punishmeuts
for crime. But it is quite possible that the con-
siitulional expoundcrs propose only 10 apply it
TO political offences. Under such construction