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
There is no necessity, however, to go beyond the limits of the
Constitution; nor is there any reason to believe that the Government, in
any event, will be disposed to exact terms inconsistent with the true
spirit of our institutions. A great danger, such as now threatens our
country, might, in some circumstances, justify a revolution, altering
even the fundamental laws, for the purpose of preserving our national
unity. The justification would depend upon the nature of the
circumstances--the extremity and urgency of the peril; and the change
would be recognized and defended as the result of violence, irregular
and revolutionary. At a more tranquil period, in the absence of danger
and excitement, it would be practicable to return to the former
principles of political action; or, in case of necessity, the sanction
of the people might be obtained in the forms prescribed by the
Constitution, and the change found necessary in the revolutionary period
would either be approved and retained, modified, or altogether rejected.
But fortunately no constitutional obstacle whatever stands in the way of
making such stipulations as may be appropriate between the Federal
Government and the States; nor would they at all imply any admission of
the right of secession, or of the actual efficacy of the attempted
withdrawal from the Union. On the contrary, any agreement with the State
would, _ex vi termini_, admit the integrity of its organization under
the Constitution. Special agreements are usually made whenever a new
State is admitted into the Union; and as all the States, old and new,
stand upon an equal footing, there can be nothing in the ordinances
usually adopted by the new States, conflicting with the principles on
which the Government is organized. The States are prohibited from
making 'any agreement or compact' with each other, without the consent
of the Federal Government; but there is no prohibition against making
such agreements with the Federal Government itself. What the new States
may do upon entering the Union, the old States may do at any time upon
the same conditions This principle was settled upon the admission of
Texas into the Union; it has been sanctioned in many other instances;
and we are not aware that there is or can be any question of its
soundness. Surely, if there could ever be an occasion proper for a
solemn compact between the General Government and any of the separate
States, it will be found at the conclusion of this unhappy war, when it
will be necessary to heal the wounds of the country, and provide for its
permanent peace and security. To quell an insurrection so extensive,
involving so many States in its daring treason, especially when it has
assumed an organized form and been recognized not only by other nations
but even by ourselves, as a belligerent entitled to the rights of war,
implies the necessity, in addition to the annihilation of its armies and
all its warlike resources, of removing the causes of its
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