The Atlantic Monthly, Volume 10, No. 59, September, 1862: A Magazine of Literature, Art, and PoliticsVarious
History
The Atlantic Monthly, Volume 10, No. 59, September, 1862: A Magazine of Literature, Art, and Politics
Various
American periodicals
Those politicians who personally dislike the present holders of
political power, those politicians who think that the measures of
confiscation and emancipation passed by the Congress which has just
adjourned are both unjust and impolitic, unconsciously slide into the
aiders and abettors of the knaves they individually despise and
distrust. The "radicals" must, they say, at all events, be checked; and
they lazily follow the lead of the rascals. The rascals intend to ruin
the country. But then they propose to do it in a constitutional way. The
only thing, it seems, that a lawyer and a jurist can consider is Form.
If the country is dismembered, if all its defenders are slain, if the
Southern Confederacy is triumphant, not only at Richmond, but at
Washington and New York, if eight millions of people beat twenty
millions, and the greatest of all democracies ignominiously succumbs to
the basest of all aristocracies, the true patriots will still have the
consolation, that the defeat, the "damned defeat," occurred under the
strictest forms of Law. Better that ten Massachusetts soldiers should be
killed than that one negro should be illegally freed! Better that
Massachusetts should be governed by Jeff. Davis than that it should be
represented by such men as Charles Sumner and Henry Wilson, notoriously
hostile to the constitutional rights of the South! Subjection, in
itself, is bad; but the great American idea of local governments for
local purposes, and a general government for general purposes, still,
thank God! may survive it. To be sure, we may be beaten and enslaved,
The rascals, renegades, and liberticides may gain their object. This
object we shall ever contemn. But if they gain it fairly, under the
forms of the Constitution, it is the duty of all good citizens to
submit. Our Southern opponents, we acknowledge, committed some
"irregularities"; but nobody can assert, that, in dealing with them, we
deviated, by a hair's-breadth, from the powers intrusted to the
Government by the Fathers of the Republic. While the country is
convulsed by a rebellion unprecedented in the whole history of the
world, we are compelled by our principles to look upon it as lawyers,
and not as statesmen. We apply to it the same principles which our
venerated forefathers applied to Shay's Rebellion in Massachusetts and
the Whiskey Insurrection in Pennsylvania. To be sure, the
"circumstances" are different; but we need not remind the philanthropic
inhabitants of our section of the country, that "principles are
eternal." We judge the existing case by these eternal principles. We may
fail, and fail ignominiously; but, in our failure, nobody can say that
we violated any sacred form of the ever-glorious Constitution of the
United States. The Constitution has in it no provisions to secure its
own existence by unconstitutional means. It is therefore our duty, as
lawyers as well as legislators, to allow the gentlemen who have
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