Heaven Mend Them,
If They Reverence It More, As I Fear They Do, Than They Reverence
Their Bible.
For them, after seventy-five years of trial, it has
almost the weight of inspiration.
In this respect, with reference
to this worship of the work of their forefathers, they may be in
error. But that very error goes far to prove the excellence of the
code. When a man has walked for six months over stony ways in the
same boots, he will be believed when he says that his boots are good
boots. No assertion to the contrary from any by-stander will
receive credence, even though it be shown that a stitch or two has
come undone, and that some required purpose has not effectually been
carried out. The boots have carried the man over his stony roads
for six months, and they must be good boots. And so I say that the
Constitution must be a good constitution.
As to that positive breach of the Constitution which has, as I
maintain, been committed by the present government, although I have
been at some trouble to prove it, I must own that I do not think
very much of it. It is to be lamented; but the evil admits, I
think, of easy repair. It has happened at a period of unwonted
difficulty, when the minds of men were intent rather on the support
of that nationality which guarantees their liberties, than on the
enjoyment of those liberties themselves, and the fault may be
pardoned if it be acknowledged. But it is essential that it should
be acknowledged. In such a matter as that there should at any rate
be no doubt. Now, in this very year of the rebellion, it may be
well that no clamor against government should arise from the people,
and thus add to the difficulties of the nation. But it will be bad,
indeed, for the nation if such a fault shall have been committed by
this government and shall be allowed to pass unacknowledged,
unrebuked - as though it were a virtue and no fault. I cannot but
think that the time will soon come in which Mr. Seward's reading of
the Constitution and Mr. Lincoln's assumption of illegal power under
that reading will receive a different construction in the States
than that put upon it by Mr. Binney.
But I have admitted that the Constitution itself is not perfect. It
seems to me that it requires to be amended on two separate points -
especially on two; and I cannot but acknowledge that there would be
great difficulty in making such amendments. That matter of direct
taxation is the first. As to that I shall speak again in referring
to the financial position of the country. I think, however, that it
must be admitted, in any discussion held on the Constitution of the
United States, that the theory of taxation as there laid down will
not suffice for the wants of a great nation. If the States are to
maintain their ground as a great national power, they must agree
among themselves to bear the cost of such greatness. While a custom
duty was sufficient for the public wants of the United States, this
fault in the Constitution was not felt. But now that standing
armies have been inaugurated, that iron-clad ships are held as
desirable, that a great national debt has been founded, custom
duties will suffice no longer, nor will excise duties suffice.
Direct taxation must be levied, and such taxation cannot be fairly
levied without a change in the Constitution. But such a change may
be made in direct accordance with the spirit of the Constitution,
and the necessity for such an alteration cannot be held as proving
any inefficiency in the original document for the purposes
originally required.
As regards the other point which seems to me to require amendment, I
must acknowledge that I am about to express simply my own opinion.
Should Americans read what I write, they may probably say that I am
recommending them to adopt the blunders made by the English in their
practice of government. Englishmen, on the other hand, may not
improbably conceive that a system which works well here under a
monarchy, would absolutely fail under a presidency of four years'
duration. Nevertheless I will venture to suggest that the
government of the United States would be improved in all respects if
the gentlemen forming the President's cabinet were admitted to seats
in Congress. At present they are virtually irresponsible. They are
constitutionally little more than head clerks. This was all very
well while the government of the United States was as yet a small
thing; but now it is no longer a small thing. The President himself
cannot do all, nor can he be in truth responsible for all. A
cabinet, such as is our cabinet, is necessary to him. Such a
cabinet does exist, and the members of it take upon themselves the
honors which are given to our cabinet ministers. But they are
exempted from all that parliamentary contact which, in fact, gives
to our cabinet ministers their adroitness, their responsibility, and
their position in the country. On this subject also I must say
another word or two farther on.
But how am I to excuse the Constitution on those points as to which
it has, as I have said, fallen through, in respect to which it has
shown itself to be inefficient by the weakness of its own words?
Seeing that all the executive power is intrusted to the President,
it is especially necessary that the choice of the President should
be guarded by constitutional enactments; that the President should
be chosen in such a manner as may seem best to the concentrated
wisdom of the country. The President is placed in his seat for four
years. For that term he is irremovable. He acts without any
majority in either of the legislative houses. He must state reasons
for his conduct, but he is not responsible for those reasons.
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