e. But that remedy may come too late,
and may not always be applied. The people have always shown great
indulgence and forbearance towards this plea: besides, before the time
of re-election comes about, these inconvenient scruples may, in the din
of new contests, be forgotten, or remembered only to be forgiven, and,
by the hocus pocus of party, even metamorphosed into a recommendation.
When, then, it is so easy to take shelter behind the ark of the
constitution, ought we to enlarge the limits of this place of refuge for
cunning and cowardice?
One more argument in favour of a fair, liberal, manly construction of
the constitution. There would be a certain degree of inconvenience
incident to every written constitution, if there were no difficulties in
its interpretation, and its language was always understood in the same
sense by all men. In making that distribution of its various powers
which is deemed most likely to secure a safe and healthy action, the
hands of its functionaries must often be tied up from doing that which
particular circumstances may make highly expedient. Some imperative
claim of humanity, some yet more pressing emergency of state, may call
for powers which the constitution has withheld. Mr. Jefferson considered
the acquisition of Louisiana to be a case of that character. He
questioned the power of acquiring foreign territory under the
constitution. But when he reflected that France could not retain
possession of Louisiana, and that hither the constitution must be
stretched, (his letter to W. C. Nicholas might almost justify a stronger
expression,) or we must submit to having the greatest commercial nation
in Europe--our most active rival in peace, our most powerful enemy in
war--posted on our right and left flank, and, by and by, in our
rear,--he sacrificed his opinions to the safety of the republic. The
present president was no doubt actuated by similar considerations, when
he pursued the Seminoles into the Spanish territory, and made war on the
country in which they had taken refuge--the occasion not appearing to
him to admit of the delay of a formal declaration by congress. Commodore
Porter may be presumed to have acted on the same principle in Cuba. No
one regards these as fit cases for precedents. All agree, that if we
have a constitution, its mandates should be obeyed, and that we must be
content to put up with its partial inconvenience, for the sake of its
general benefits. But surely we ought
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