The Continental Monthly, Vol. 4, No. 4, October, 1863: Devoted to Literature and National PolicyVarious
History
The Continental Monthly, Vol. 4, No. 4, October, 1863: Devoted to Literature and National Policy
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
If we say that the Federal Government may put the States upon any
different footing than that established by the existing Constitution,
then we virtually abrogate that instrument which accurately prescribes
the means by which alone its provisions can be altered or amended. But,
on the other hand, if we concede the right of each State, after making
war on the Union until it is finally conquered, quietly to return and
take its place again with all the rights and privileges it held before,
just as if nothing had happened in the _interim_, then, indeed, do we
make of the Federal Government a veritable temple of discord. We subject
it to the danger of perpetual convulsions, without the power to protect
itself except by the repetition of sanguinary wars, whenever the caprice
or ambition of any State might lead her into the experiment of
rebellion. Between these two unreasonable and contradictory
alternatives--the right of the Government to change its forms, and the
right of the rebellious State to assume its place in the union without
conditions--there must be some middle ground upon which both parties may
stand securely without doing violence to any constitutional principle.
The Federal Government is clothed with power, and has imposed upon it
the duty, to conquer the rebellion. This is an axiom in the political
philosophy of every true Union man, and we therefore do not stop to
argue a point disputed only by the enemies of our cause. But if the
Government has power to conquer the domestic enemy in arms against it,
then, as a necessary consequence, it must be the sole judge as to when
the conquest has been accomplished; in other words, it must pronounce
when and in what manner the state of internal war shall cease to exist.
This implies nothing more than the right claimed by every belligerent
power, and always exercised by the conqueror--that of deciding for
itself how far the war shall be carried--what amount of restraint and
punishment shall be inflicted--what terms of peace shall be imposed.
The Constitution of the United States does not seem to contemplate the
holding, by the Federal Government, of any State as a conquered and
dependent province; but in authorizing it to suppress rebellion, it
confers every power necessary to do the work effectually. It authorizes
the use of the whole military means of the Government, to be applied in
the most unrestricted manner, for the destruction of the rebellious
power. If a State be in rebellion, then the State itself may be held and
restrained by military power, so long as may be necessary, in order to
secure its obedience to the Federal laws and the due performance of its
constitutional obligations. It would be contradictory and wholly
destructive of the right of suppressing rebellion by military power, to
admit the irreconcilable right of the State unconditionally to assume
its place in the Union, only to renew the war at its own pleasure.
Public-domain text, read in full here on John Shaqi.
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