Year: 1867




letter and spirit, by the authority of those
who have welded the power Of the govern
ment. While the life Of the nation was in
jeopardy, these violations were excused by
many on the ground of supreme necessity;
and others wEo could not admit the force Of
this plea, were still disposed to accept it in
paIiaton Of course which they believed to
be honestly chosen for the public good. A
majority Of the best men in all parties un-
donbtedy hoped that the authority of this
fundamental law would be fully restored with
the return Of peace, and this sad infracions
of the sacred instrument be remembered
only as hideous dream. There were few
who were less sanguine Of such happy re
suit, and were not a little fearful that the
safeguards of constitutional rights would be
swept away through this easy tolerance Of
their frequent violation.


1t may be too soon to decide whether these
hopes or fears will finally prevail; but thus
far the progress has been very rapid in the
latter direction, and there seems to be very
feeble barriers in the way Of complete
overturn in the government as established
by tho fathers Of the Republic. In fact, the
plea Of necessity is not longer used in defence
of unconstitutional measures but these are
openly justified upon the ground that "the
popular will has dictated another and better
form of action" If this "wil" had been
expressed according to the requirements of
tbe fundamental law, there would have been,
of course, no direct violation Of that instru
ment although its character had thus been
totally changed. But the workings OF a
popular impulse, even through dc fdcfo
government, in violation of written consli-
tuition, is none the less revolution than if
tbe action had taken place entirely outside
of the constituted authorities. The Consti-
tuition is chiefly designed to check the unau-
thorized assumption Of power on tie part OF
those who hold the reins Of government. 1t
is restraint on the majority, or at least
upon those who are supposed to represent
the numerical force of the nation, and who
have been placed in charge of public affairs.
To change the principles and methods of
government in the face Of constitutional
prohibitions, or by extra constitutional means,
at the demand of "the popular will" is to
inaugurale revolution Of the most danger
Gus character. 1t makes but little difference
whether it is done at the nsligation Of
clamorous few who appear to speak for the
masses, and who silence all outspoken opposi-
tion by various forms Of intimidation or it
is really at the desire of an overwhelming
majority Of all who arr entitled to take part
in the government. 1t establishes precedent
that does more TO weaken the bulwark of
liberty than thousand revolutions, where
Legitimate authority is directly menaced by
armed conspirators. Nor does it make much
difference whether the changes 10 be Effected
by such illegal means are wise or not in
themselves. Let it once be understood that
the government is TO he administered in
difference TO some emphatic public sentiment,
true or supposed, instead Of in accordance
with the exact requirements of the Constitu'
ton, and the revolution thus proposed will
establish nothing but misrue and will be
the sure precursor Of general anarchy.


Those who are in accord with the popular
feeling, thus clothed with supreme authority,
may be gratified for the moment Of the sue
cess of their schemes, and smile at all appre
tensions Of danger. But the ruler thus wan
tonly crowned is the most exacting tyrant the
world has ever known, and, like all Of this
class, will be no sooner fixed in his sead than
be will begin to try his power on those who
exalted him for their own profit. If the
popular will, as it finds expression in those
chosen 10 Congress, is to be made superior
to the Constitution, either by permission to
override the provisions Of that instrument, or
to give them an Interpretation suited to its
own license, no one can safely predict where
the rod Of the new tyrapt will strike bis
heaviest blows. The injustice which may
have been done to the people of any sec,io o
is of small consequence compared TO the
grand national revolution now in progress.
It is fully consumated, we shall be much
mistaken If those who have done the most
to favor and justify it are not among the
next to suffer. If they have no reverence
for the sacred instrument that they set aside
in such seeming contempt. perhaps the vision
OF the heel they are arming for. their own
necks may induce sober second thought.
-(Journal of Commerce.


ACCOUNTABILITY. A. Kellogg, of this
city, has been appointed Surveyor and Bot