tion, having stuck to the letter of the text, and not appreciating the spirit in which it was framed, are opposed to all who view it as only a frame of gov ernment, a plan-in-outline, for regulating the affairs of an enterprising and progressive nation. Some treat that frame of government as though it were a cast-iron mould, incapable of adaptation or alteration as one which a blow would break in pieces. Others think it a hoop placed around the trunk of a living tree, whose growth must girdle the tree, or burst the hoop. But sounder judges believe that it more resembles the tree itself, -native to the soil that bore it, waxing strong in sunshine and in storm, putting forth branches, leaves, and roots, according to the laws of its own growth, and flourishing with eternal verdure. Our constitution, like that of England, contains all that is required to adapt itself to the present and future changes and wants of a free and advancing people. This great nation, like a distant planet in the solar system, may sweep round a wide orbit; but in its revolutions it never gets beyond the reach of the central light. The sunshine of constitutional law illumines its pathway in all its changing positions. We have not yet arrived at the "dead point" where the hoop must burst-the mould be shattered the tree girdled-or the sun shed darkness rather than light. By a liberal construction of the constitution, our government has passed through many storms unharmed. Slaveholding States, other than those whose inhabitants. originally formed it, have found their way into the Union, notwithstanding the guarantee of equal rights to all. The territories of Florida and Louisiana have been purchased from European powers. Conquest has added a nation to our borders. The purchased and the

conquered regions are now legally a part of the United States. The admission of new States containing a privileged class, the incorporation into our Union of a foreign people, are held to be lawful and valid by all the courts of the country. Thus far from the old anchorage have we sailed under the flag of "public necessity," "general welfare," or "common defence." Yet the great charter of our political rights "still lives;" and the question of to-day is, whether that instrument, which has not prevented America from acquiring one country by purchase, and another by conquest, will permit her to save herself?

POWERS WE SHOULD EXPECT TO FIND.

If the ground-plan of our government was intended to be more than a temporary expedient,-if it was designed, according to the declaration of its authors, for a perpetual Union, - then it will doubtless be found, upon fair examination, to contain whatever is essential to carry that design into effect. Accordingly, in addition to provisions for adapting it to great changes in the situation and circumstances of the people by amend ments, we find that powers essential to its own perpetuity are vested in the executive and legislative departments, to be exercised according to their discretion, for the good of the country-powers which, however dangerous, must be intrusted to every government, to enable it to maintain its own existence, and to protect the rights of the people. Those who founded a goverment for themselves intended that it should never be overthrown; nor even altered, except by those under whose authority it was established. Therefore they gave to the President, and to Congress, the means

essential to the preservation of the republic, but none for its dissolution.

LAWS FOR PEACE, AND LAWS FOR WAR.

Times of peace have required the passage of numer ous statutes for the protection and development of agricultural, manufacturing, and commercial industry, and for the suppression and punishment of ordinary crimes and offences. A state of general civil war in the United States is, happily, new and unfamiliar. These times have demanded new and unusual legislation to call into action those powers which the constitution provides for times of war.

Leaving behind us the body of laws regulating the rights, liabilities, and duties of citizens, in time of public tranquillity, we must now turn our attention to the RESERVED and HITHERTO UNUSED powers contained in the constitution, which enable Congress to pass a body of laws to regulate the rights, liabilities, and duties of citizens in time of war. We must enter and explore the arsenal and armory, with all their engines of defence, enclosed, by our wise forefathers for the safety of the republic, within the old castle walls of that constitution; for now the garrison is summoned to surrender; and if there be any cannon, it is time to unlimber and run them out the port-holes, to fetch up the hot shot, to light the match, and hang out our banner on the outer walls.

THE UNION IS GONE FOREVER IF THE CONSTITUTION, DENIES THE POWER TO SAVE IT.

The question whether republican constitutional gov ernment shall now cease in America, must depend upon

the construction given to these hitherto unused powers. Those who desire to see an end of this government will deny that it has the ability to save itself. Many new inquiries have arisen in relation to the existence. and limitation of its powers. Must the successful prosecution of war against rebels, the preservation of national honor, and securing of permanent peace,- if attainable only by rooting out the evil which caused and maintains the rebellion,- be effected by destroying rights solemnly guaranteed by the constitution we are defending? If so, the next question will be, whether the law of self-defence and overwhelming necessity will not justify the country in denying to rebels and traitors in arms whatever rights they or their friends may claim under a charter which they have repudiated, and have armed themselves to overthrow and destroy? Can one party break the contract, and justly hold the other party bound by it? Is the constitution to be so interpreted that rebels and traitors cannot be put down? Are we so hampered, as some have asserted, that even if war end in reëstablishing the Union, and enforcing the laws over all the land, the results of victory will be turned against us, and the conquered enemy may then treat us as though they had been victors? Will vanquished criminals be able to resume their rights to the same political superiority over the citizens of Free States, which, as the only "privileged class," they have hitherto enjoyed?

Have they who alone have made this rebellion, while committing treason and other high crimes against the republic, a protection, an immunity against punishment for these crimes, whether by forfeiture of life or property by reason of any clause in the constitution? Can

government, the people's agent, wage genuine and ef fectual war against their enemy? or must the soldier of the Union, when in action, keep one eye upon his rifle, and the other upon the constitution? Is the power to make war, when once lawfully brought into action, to be controlled, baffled, and emasculated by any obligation to guard or respect rights set up by or for belligerent traitors?

THE LEADING QUESTIONS STATED.

What limit, if any, is prescribed to the war-making power of the President, as Commander-in-Chief of the army and navy of the United States? What authority has Congress to frame laws interfering with the ordinary civil rights of persons and property, of loyal or disloyal citizens, in peaceful or in rebellious districts; of the enemy who may be captured as spies, as pirates, as guerrillas or bush-whackers; as aiders and comforters of armed traitors, or as soldiers in the battle-field? What rights has Congress, or the President, in relation to belligerent districts of country; in relation to slaves captured or escaping into the lines of our army, or escaping into Free States; or slaves used by the enemy in military service; or those belonging to rebels, not so used? Whether they are contraband of war? and whether they may be released, manumitted, or emanci pated, and discharged by the civil or military authority? or whether slaves may be released from their obligation to serve rebel masters? and whether slavery may be abolished with or without the consent of the masters, as a military measure, or as a legislative act, required by the public welfare and common defence? Where the power to abolish it resides, under the constitution?