The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1935-11-15
RACK TO THE CONSTITUTION

wealth of the world would have
been lost. Time has approved his
| conduct. This is but one instance
tending to show that at times the
country is confronted with sit
uation that makes it imperative
that unconstitutional acts be done
bv the executive. 1t has been met
from time to time in different
WAYS, but the constitution has
been knowingly violated and those
who have committed or been re-
sponsible for the violations have
been condemned or praised by the
Judgment of time. During the
process condemnation has most
generally prevailed.
A few other instances of con-
stitutional violations by the pres
]ident might be cited: The great
| Democrat, Andrew Jackson, re-
fused to force Georgia to recog-
nize the supreme right of the ma
tional government to make treat
! les. Georgia made treaties direct
with the Indians. He refused to
bring South Carolina in line about
the same time, 1882, when she
was enforcing her nullificatlon
doctrines. Then we have the
James X. Polk episode, and Theo-
dore Roosevelt's Columbia cpl
sode but perhaps the greatest OF
them all was in the case of Lii
coin, the great Republican. He
sent invading armies. into the
south to compel the southern
{ states to remain in the union,
which they were not compelled to
do under the constitution. He not
only violated the constitution but
he amended it, not as provided in
the instrument itself, but by the
sword, in a pool of blood. He sus-
pended the writ of habeas corpus,
a writ sacred to all English speak
ing peoples since the time of King
John. The constitution says this
writ shall not be suspended. He
freed the slaves, who were recog-
nized as property in the constitu-
ton, thereby robbing the south
of a major portion of its wealth
without compensation, and COM
pletely disorganized its agricul-
ture and commerce. But Lincoln
said, my oath to preserve the
constitution imposed on me the
duty of preserving by every in
dispensible means that govern
ment, that nation, of which the
constitution was the organic law.
Was it possible to lose, the nation
and yet preserve the constitution?
By general law, life and limb
. must be protected, yet often a
, limb must be amputated to save
a life, but life is never wisely Civ
en- to save limb. l felt that mea-
. sures otherwise unconstitutional
might become lawful by becoming
: indispensable to the preservation
: OF the constitution through the
preservation of the nation. Right
or wrong, l assumed this ground
and now avow it"
: Perhaps the congress violated
| the constitution more readily ant
in many cases vindictively under
: Johnson and Grant than at any
other period in our national his
S tory. Here the spirit was not tt
? follow the constitution so much
: as to completely deny to tn,
southern states any of the right
| at all guaranteed under the con
D stitution. The motif was punish
!. ment and subjugation. Perhaps
t in no other period has congress
: purposely sought to deny the con
j stitution to the people. 1t passe
S many laws at each session tina
D are not constitutional but it i
seldom that it purposes to do so
n When many laws not constitution
s al are passed by congress it i
evidence of a trend in publ
e thinking rather than an intent tt
: violate the constitution. So com
;. phcated now is government tina
). it would not generally be pruden
e for a congressman or senator t,
e vote against bill on the Iner
e ground that it in his opinion i
t not constitutional. His guild
n should be the necessity an,
Z. probable effect of the law. TIL
r most eminent lawyers who do lit
: tie else in life than study consti
k tutional law are very rarely unit
e ed in opinion as to whether a Law
: which has been questioned OF
: this score is or is not constitution
e al, and it is even very rare tina
: the members of the supreme
e court are united in dicesion whel
{ they have to pass on some act O.
: icongress. 1t would be asking to,