Year: 1867

HARDEmAN Co. May, 1866


The Constitution and its Violations.


That the men who framed the Constitu-
ton of the United States, says the Louisville
Courier, were both patriots and statesmen
has besn demonstrated to the satisfaction of
every intelligent reading man. The unpar-
alleled prosperity of the nation they created,
up to the time when the principles of gov
ernment which they laid down were disre-
garded, proves that their wisdom had hit
upon the true theory of government, and
that they foresaw the circumstances which
would arise and sought to incorporate into
the Constitution the necessary remedies.
For three-quarters of a century their teach
ings were respected, their warnings were
household words, their work was revered,
and the Government they established grew
to be the wonder and admiration of the
world, still striding on in the path of pres
perity and greatness at a rate without par
allel in the history of nations Blessed with
soil of remarkable fertility, embracing
every variety Of climate, and adapted to
every species of agricultural product, there
was nothing wanting hut a government based
upon equality of rights and guarded against
/ the natural tendency toward the centraliza-
ton of power. Such government our rev.
/ olutionary sires transmitted to US, and ex-
Terience proved it to be all that was requi-
site to give protection to life and property
and to insure the general welfare.



! The principles upon which they based the
Government they founded were too clearly
! defined to admit of misconstruction. Des-
perate and venal men could, it is true, dis
regard these great principles Of human lib
erty, but there was no mistaking their mean
ing. They looked to the greatest good to
the greatest number, and started out with
the maxim that that government was the
best which least interfered with the inde-
pendent action of the citizen, and enly e1er-
cised restraint where it was absolutely es-
sential for the general good.


1t was easy enough to create a good gov
ernment, but the difficulty was to keep it
good The natural proneness of men in
authority to usurp power and to Overstep
the bounds of legitimate authority, and thus
establish precedents which grow into Prac-
tice and sap the foundations of liberty by
consolidating and concentrating power in
the hands of the few at the expense Of the
macy, was the vital point to be guarded.
Human wisdom and sagacity has never de-
vised a plan more admirably adapted to Sc
cure this end than that embraced in the Con-
stitution of the United States.


The government established by that in
strument is a wonderful model of cautious
craftsmanship. Every clause and section of
it appears to have been devised with special
reference to the possibility of attempted
usurpations Of authority which would nee
essarily result in confusion and anarchy or
in the substitution of another form of gov
ernment Hence we see a wise distribution
Of powers and system of checks and bal
ances, restraints and prohibitions every
where, and all powers conferred specially
enumerated in clear and unmistakable Ian
guage.


Three departments were created, each
distinct and supreme within its own orbit
Such powers as had been granted to the Fed
eral Government by the States were distrib-
uted between these departments-the Exec
utive, the Legislative, and the Judicial
Neither could oyerstep the bounds Of its
Jurisdiction without involving the authority
of the others and of course encountering
resistance. 1t was believed that the system
was perfect, and it was as near so as any
merely human institution could be made
The States were independent Of the Fede-
raj Government to the extent Of their re-
served powers; the Federal Government was
independent of the States TO the extent Of
the powers conferred, and the three depart
ments we're independent Of both the States
and the Federal Government and Of each
other. So long as each moved in its pre-
scribed orbit all was harmony and peace.
Prosperity was showered upon Us on every
hand Population and wealth increased in
a wonderful ratio, and as we gained strength
within we grew in respect from without
But change came over this people, 50 free,
so prosperous, and so happy. Infatuation
seized upon them a sectional party sprang
into being, seized the reins of government
threatened the institutions and the honor Of
the people of nearly half the Stasesi men
rushed to arms and the land vas deluged IN
blood After four years Of usuFpation and
carnage we again enjoy nominal peace.
But how different from that which preceded
+ our great struggle. Ten States are held as
subject provinces, deprived Of their rights