Year: 1862

Constitutional Law.


In the desire to accomplish one thing men too
often sacrifice others of equal or greater impor-
tance. The present want, or the present wish,
assumes magnitude far above that of objects not
present to the view, and the danger thus arises
that the passion of moment may ruin the aims
of lifetime.


If we should crush the rebellion by sacrificing
the freedom OF our Institutions, every one would
look back with regret on the terrible failure OF
the whole thing. If the grand principles of our
Government should be changed, and we should
emerge from the present struggle nation of
Abolitonists, or military power with military
head, or a mad Democracy unrestrained by
Constitution; if we should find ourselves some
morning rid of the rebels, but also rid OF the
great American system, with one grand central
power, and Constitutions, and all the checks of
our laws and institutions done away with, there
would be reason for saying that fatal error had
been made in the means to suppress the insurrec-
ton. Yet IL cannot be denied that there are men
in all parts of tue country, and men in Washing
ton, in places of power and trust, who in their
anxiety to do the great work of the day, TO put
down the rebellion, lose sight of the real object
TO be accomplished, namely, the salvation of the
Union and Constitution. Hence it is that wh,n the
objection is raised that any proposed measure is
unconstitutional, there is disposition to treat the
suggestion as factious, and some ardent men go
so far as to charge sympathy with the rebellion
on every man who objects to unconstitutional
law. The danger is that the disregard of consti-
tutiOnal provisions and prohibitions may become
so common as to create disreSpect for the funda-
mental law of the land, and the tendency of all
this is toward central power at Washington,
unchecked by the sovereignty of the States which
compose the Union. Already men demand such
a Government, and discuss the propriety of es-
tablshing it. If such demands and ideas are not
checked ut the outset, may drift rapidly into the
worst form of popular mobOcracy which is tyran-
nv Governors of States do not sufficiently reflect
on this subject. 1t would probably be esteemed


startling doctrine to teach that the Cove nor OF
New York may by proclamation suspend the
privilege of the writ of hdbeds corpus, and vet
the Governor l. in all respects as competent to do
it as the President of the United States, and ex-
ercises within his State as high powers and is
charged with as great responsibilities as the Pres
dent in his broader jurisdiction. But general
impression has been allowed TO gain ground that
in some manner the Governors were but subordi-
nate officers to the President, and that in all
things the State is the inferior of the United
States, and the subject of its sovereignty. The
Constitution of the United States is the supreme
law of the land, but it is only supreme in those
matters of which it takes cogn:zance, aud wher-
ever it does not deprive State of power, there
the State not only has the power, but alone has
it, to the exclusion of the United States. 1t is
not purpose discuss this subject, familiar
to all thinking Americans, but it is our object to
direct attention to the fact that the more radical
propositions of the day, on the part especially of
the anti slavery men, all look to the erection of
great power at Washington, superior in every
thing to the several States of New England, or
the West or the South If the plan proposed
and still advocated by them, should be adopted,
of treating States as suicides and claiming the
right at once to govern them Territories, we
should at once sacrifice the American system and
plunge into the great errors against which we
fought and won the victories OF our revolution.
The new principle is founded on the idea that the
United States Is the heir TO dead State, an idea
which does not exist in law, and can not be main
tanned under our Constitution. But it also rests
on the theory that when a majority OF the citl-
zens of State are rebels, the State is a rebel,
and the minority is at once dead with the major
ity The result of the doctrine is that when
Massachusetts by statute and by practice, annuls
a fugitive slave law, and thus rebels against the
constitutional authority of the United States, it
is competent for the latter to declare the State
feIO de Sc, and enter on her powers and proper
ties.


But the plan goes further still, since 1t propo-
ses that the United States shall succeed to the
sovereignty of State. Prisoners in the State
prisons of State thus declared dead, become
prisoners of the United States, and to be
treated by the President as if he had pardoning
powers in their several cases. Debts due by the
State are to be assumed by the United States, and
made chargeable on the lands Of the people who
may happen to inhabt them. In fact all that is
ordinarily implied in the succession of Govern
ment to the rights and liabilities of another, is
the necessary accompaniment of this new and
strange proposition which results at once in Civ
ing to the United States those identical powers
which in the Constitution are expressly prohibi-
ted. 1t is in effect declaring.that although the
United States may not exercise certain powers in
the States under the Constitution, yet she may
exercise them outside of the Constitution and out
side of the States. In this way we should have
a limited Governmentin its relation to the States,
but an absolute Government in its relations to the
territories, once States, but now conquered prov
nces. THIS would soon end the American
Union and Constitution We need not pursue
further the illustration. 1t is not alone in this
proposal, which indeed has not met with great
favor, but in others, that gentlemen who ought to
be statesmen, are obyous of the constitutional
limitations of the power of the Government 1t
is shown in the wilIingness'to pass bills of doubt
full constitutio alty, pretty severe stretching,
and that it will hereafter serve great many
purposes which it was never before thought Ca
pable of. There have been bills before
Congress, whose unconstitutional features were
plain to all men, but which were urged by mem
bers, who probably forgot that there is Supreme
Court, and that after war comes peace, and that
this is not the last year of the world, the last
year of the cool, calm, judicious administration
of law. We expect the country to survive the
present war, the present century, and all that is
now done in the way of making laws will be re-
viewed by the people, and by the lawyers, and by
the good and great judges who will be ON the
benches of our courts, and who will administer
the calm principles of law which outlast periods
OF excitement like this. Confscation acts, with
reckless sweeping ''bills of attainder provisions,
will be declared null and void by these enlight-
ened judges, whatever their political character.
Even the theory Of remodeling the Supreme
Court, and making for it new bench of judges,
will not such bills.


Is it not well, then, for gentlemen to consider
that this fierce style of overriding the Constitu-
ton will one day be checked by the wise provis
ions of our laws. so that their plans for saving
the nation aud furnishing traitors may be defeated
by their own desire to accomplish too much; and
what is equally to be avoided, their disregard Of
the Constitution will tend to produce general dis-
respect for the instrument which is natural
life. Let US have no legislation which will ro-
quire a revolution to make it operative, or TO
keep it so in time of peace-N. Y. Journal Of
Commerce.