Year: 1867

as inviolably sacred. This is the theory
the practice is far otherwise. Presidents,
members Of Congress, statesmen, Judges
Of Courts, journalists and stump orators
all unite in proclaiming the Constitution
which our fathers made the most sacred
of instruments; but our whole history
since VIC have been q people, is full o
instances in which the Constitution ha!
been set aside, trampled upon, overthrow
and rendered nugatory. Our theory upon
this subject is one thing-our practice is
quite another. We approach the discus
sion Of this question without any apology
or ill.timed squeamishness, because w
mean to deal only with the facts tha
exist and to state succinctly as possible
the truth in reference to this matter.


The Constitution of the United States
has been set aside sometimes in the inter.
ests of party, and sometimes when the
necessities Of the hour and the wcll.being
Of the country seemed to demand it, That
it should ever be done in the interest of
party may well be questioned; that it
may be done in an impending national
crisis to save the Government must be
allowed, or else we must conclude that
parchment scroll is Of more value than the
Government itself, and has a sacredness
more holy than the great interests of the
people; and moreover it must be assumed
that the living people are not in all their
precious interests OF life, property, and
good Government Of so much worth as
written law? Let us give an example
which eliminates and gives emphasis to
our thought.


In the incipient days of the rebellion.
when Mr.. BUCHANAN was President and
the South were making arrangements to
secede, that publis functionary, under the
advice and counsel Of his Attorney Gen.
eral, Judge BLACK-esteemed an able
and profound lawyer-came to the con.
clusion that there was no warrant in the
Constitution to coerce State. Now was
Mr.. BUCHANAN and his attorney right ?
We have always esteemed it the part Of
good sense for the people, who are not
lawyers nor constitutional expounders, 10
defer to the opinions OF those men whose
education, whose study, and whose famil-
iarity with fundamental law, qualify them
to be judges in such cases, and to respect
their promulgated opinions, if they can.
not accept their doctrines, or even un.
derstand their logic. We incline to the
opinion that strict construction Of the
Constitution does warrant Mr.. Bucu MANS
Interpretation, and for the simple reason
that the trainers Of the Constitution never
contemplated a state Of things in this
country like what existed in 1861. II they
did look for such a state of affairs to arise
it is fair to suppose, and to believe, that
they would have provided the remedy.
The executive department Of the Gov.
ernment then stood trembling and vas.
cillating, and the country was going to
pieces, and there was no constitutional
remedy within the reach Of the Govern.
ment that could be welded for its mante.
nance. The South grew defiant it said
you must not invade our sacred soil
You have no constitutional right to
coerce us. Upon that question the
North was divided and the South was q
unit. The defiant South announced their
belief in the constitutional non.coercivc
policy by the bombardment of Sumter
whereupon twenty millions of Northern
people forsook party, and arose as one
man, and sent back the emphatic answer,
10e iUiH coerce you. Shouts for the Union
went up from every city, town, and vii
lage throughout the entire North. The
star.spangled banner was everywhere
thrown to the breeze we heard within a
very few days thereafter the elephantine
tread Of the Federal power, and the work
of coercion went on till every foot of the
sacred soil felt the hostile tread of the
invading army, which poured down from
our Northern hills, and there was no ces.
sation Of hostilities till a coerced South
laid down its arms and surrendered to
Federal bayonets, and signifed its submis-
SION under the apPle'tree at Appomattox
Court House to that great and successful
soldier, General GRANT; Gen, RoBERr r.
LEE being the agent of the South to make
this tender.


You have no constitutional right to co.
erce the South. Never mind; We did II
though, and did it effectually and where
is the man now Of all the croakers Of those
early days that dare say we did wrong ,
Will Mr. BUCHANAN viii Judge BLAcx
say it Never! We say, then, there are
times when the people aroused find them.
selves above and superior to constitutions
and when they will speak and it must be
done, and when they will command, and
there are none bold enough to refuse to
obey.


There are other instances in which the
popular will has set aside the mere rem.
dsring OF the letter OF the Constitution,
and the deed has been justified. To these
times and occasions we shall refer in our
next.