Year: 1862

few years ago, tho man would Oe re
garded as an ignoramus, at best, who
could conceive such an opinion of the
Constitution as to propose question
which the Constitution itself answers;
but times are changed, and opinions
are very different from what they were
when the Constitution of tho United
States was formed and put into opera
ton. No one credited with spark o!
common sense, would have suggested
the theory eight months ago, that the
Constitution Of the United States could
be altered, amended, destroyed, or sus'
pended, except by the power which
gave it existence, and by the means
which that power prescribed for its al
teration and amendment; its destruct-
ion, or suspension, never having been
thought of no provision was made for
such contingency.


But in these latter days, when the
reign of Higher I.awism has been sub
stituted for that of the Constitution, it
is no wonder that the strange, absurd
but no less reasonable doctrine is pro.
claimed from the Federal Capital, and
practiced by the Executive, that the
Constitution can be set aside, and that
as was the case in the French Revolu.
ton, it is in the power of the Execu.
tive, or the Legislative Branch of the
Goveremcnt, to disregard it entirely,
and to make enanctments, and issue de.
crees, having no other warrant IN au'
thority than the mere rule and judg'
ment of the Legislative and Executive
powers. 1t is not new doctrine in
the Old World, but it is in the New
at least, it is so in these United States,
that Fundamental Law can be abroga
ted by the Governing Power. Is is a
doctrine that was practlced IN ancient
and modern times by all usurpers who
cared more for their own aggrandize
ment than for their country. We need
not cite examples, as the intelligent
reader must be as familiar with the ty
rants of history, as we are, We refer
to facts for the purpose of drawing
some suggestive and practical benefits
from them. 1t may be safely assumed
that there was never an instance in any
age or country, where the ruling pow
ers violated with impunity what might
be called the Fundamental Compact
between the government and the Gov
erned, but what the people lost their
liberties, while they submitted to usurp-
ations Of power, or while they tolerated
in the government the exercise OF pow
ers with which the Governed had not
invested their rulers


Usurpation of power by rulers has
been resisted by the people, as it is
their right to do; but this resistance
necessaria,ly took the form Of revolu-
tion, in which cases all existing com.
pacts werc disregarded. But is it the
right of the Government, or Of any par.
of tho Government, in compact be.
tween it and portion of the people, to
violate the rights of all for the purpose
Of inflicting summary chastsement, or
vengeful punishment upon the refrac
tory or rebcllious portion of the Gov
erned? If this be the right of the Gov
ernment, what becomes Of our Consti-
tutional theory which prescribes alike
the duty of the President and of Con
gress, as we'll as of the citizens? What
means the requirement imposed upon
ths President to solemnly swear in the
presence of God, before assuming the
Presidential duties, that he will uphold
and support the Constitution of the
United States? and what means the
similar oath required to be taken and
registered by every member OF Con
gress before any one of them can take
part in the deliberations of the Leg.
islative branch Of the Government
Have these oaths any meaning, or are
they idle ceremonies or empty pagents
to give some formality to the in.
stallation of President and tn e open.
ing of new Congress?


Now, let it be assumed for mo
ment that the President or Congress,
or both together, may, under emergen.
cies of which they should be the judge,
suspend or disregard the Constitution.
To what, then, do citizens owe allie.
glance? If the Constitution be taken
away, what is there left that any ono
is bound to obey? The fiat of the Pres.
ident or the enactment of Congress,
we may be told. But we reply, with.
out the Constitution there can be no
President and Congress. The moment
tho Constitution is suspended or set
aside, President and Congress go with
it, and they can only exist otherwise by
usurpation-a position Of power which
no citizen is bound to obey. The citi.
zen knows the President and Congress
only by and through, and by virtue of
the Constitution; for, suppose that the
President or Congress should attempt
to hold over beyond the period for
which they may be respectively elected,
who but those who might be willing to
accede to and acquiesco in usurpations
of power would regard them IN any
other light than that of usurpers, whom
it would be the duty of every good cit.
zen to depose.


What difference is there, except in
degree, between one form Of usurpation
aud other? Of tho two the crime of
attempting to keep possession Of the
Presidential and Congressional office,
ia, lass criminal in deoree an1 far less