The times. [volume] (Richmond, Va.) 1890-1903, 1892-10-30
Is CONSTITUTIONAL GOVERNMENT
FAILURE:

fALfthEs
II Is the Yankees habit, whenever those
of US who pay some regard to our or
eanfc law object that such and such
measure is opposed to the Constitution
TO sheer at the claim or insinuate that
IL is made where really self-interest
prompts the objection. Mr.. Springer in
recent speech argued that the tax Of 10
per cent. laid by the Government on the
currency issues OF State Banks was re-
pugnant TO the Constitution. The Baltl-
more American. which IS Yankee and Re-
publican to the core. took up the speech
and ridiculed Mr.. Springer's folly in bas-
ing political argument upon the Consti-
tuition. The Alessrs. Poor. in an absurd
publication recently noticed by us, treat
the objection that we Of the South make
TO protective tariff legislation that the
Constitution does not allow 1t as an OBJ
lection prompted by our self-interest.
The Yankee knows nothing OF the Con-
stitution and cares nothing for it. A New
York lawyer has no more idea of the
Constitution of the United States than he
has OF the geography Of Mars. If you
quote a provision of that instrument 10
him he replies at once. THAT can't be
law; it is not in the Code" They have
three ponderous volumes that they call
"The Revised Statutes" which are treat
ed by the Legislature, the Courts, the
bar and the people as containing the
statute laws OF New York, and they do
contain them correctly. The first Of
these volumes pretends to give the Con-
stitution of the United States with its
amendments. 1t gives the Thirteenth
amendment thus:
Slavery, being Incompatible with a
free Government is forever prohibited IN
the United States; and involuntary servi-
tude shall be permitted only as a pun
ishment for crime
The Thirteenth amendment really reads
thus:
Neither slavery nor involuntary servi-
tude, except as a punishment Tor crime,
whereof the party shall have been duly
convicted, shah exist within the United
States or any place subject 10 their Juris-
diction."
The New Yorker cares nothing about
this. The statutes reached by the New
York Legislature are all the laws he
knows or cares anything about It's Of
no consequence to him whether their
law books give the Constitution of the
United States correctly or not. He con-
Germs himself not about that.
Notwithstanding the Yankees igno-
rance of and indifference to Constitu-
tional objections, in our judgment writ
ten Constitutions defining the limits of
Government and prohibiting the Govern
nent going outside certain defined lines,
with courts to declare their acts void
when they do so outside, are the greatest
advance that governmental science has
ever made. OF course Constitutional pro-
hlbitions are under the control Of the
people who constitute State, as well
as all other matters of legislation. The
people who made a Constitution can
change that Constitution. The great
value Of the written Constitution is just
here: Impassioned men, swayed by feel
ing instead of judgment, enact statutes
which do violence to right and Justice
The courts pronounce the acts repugnant
to the Constitution and void. This gives
Cooling time" Discussion commences,
and before the angry partisans are able
10 come to the front with power again
the sober second thought has set in and
reason reassumes her sway. The hun
dred years Of our experience with Gov
ernment founded on written Constitu-
ton is filled with experiences that attach
us most fondly to that great chart How
many wild schemes has il niPped in the
| bud? How often has it restored conser-
| vative rule when chaos knocked AZ the
| door? There can be no question that the
| repeated undOing of partisan legislation
/ by the Supreme Court Of the United
| States finally brought wise and sober
! counsels into control Of the Virginia Leg
islature and substituted negotiations,
which were successful, for the settlement
of her debt in the place Of the stand
and deliver" policy instituted By General
Malone And but for the teaching of
that prince Of trimmers, David Davis,
the Supreme Court Of the United States
would have undone all the partisan re-
construction legislation Of Congress and
the South would have been spared that
long period Of humiliation and plumber.
In 1867 Colonel McCaudle was tried in
Mississippi on the charge OF murder and
convicted under the provisions Of the
reconstruction acts. He applied to the
Supreme Court of the United States to
discharge him from custody on habeas
corpus upon the ground that the recon
strucuon acts were unconstitutional and
void The court consisted then Of eight
| judges II divided, five to three on the
constitutionality Of the acts, five holding
them uncons titutional and void. Judge
Field was assigned 10 the duty Of writing
the opinion of the court prOnouncing
them void. He wrote the opinion anC
brought 1t into conference Saturday
when, after being read in conference. II
would, according to custom, have beer
delivered in court on the following Mon.
day. But in the meantime il had got out
that the court was going to oyerturn al
the reconstruction laws, and bin was
at once introduced In Congress to take
away the Supreme Courts jurisdiction t
hear habeas corpus cases. When Justice