The Continental Monthly, Vol. 6, No 3, September 1864: Devoted To Literature And National PolicyVarious
History
The Continental Monthly, Vol. 6, No 3, September 1864: Devoted To Literature And National Policy
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
But it is objected that the right to amend the Constitution does not
give us the right to enlarge its powers. Why not? And if not, to what
things does the right of amendment extend? Such an interpretation makes
article fifth an absurdity. This objection springs from the same
mischievous doctrine of State sovereignty, which has so outraged the
patriotic common sense of the people by the denial of our right to
'coerce' a State, and tends to the same result--nullification and
secession. It is good logic for a confederation, but bad logic for a
nation, to say that the articles of its organic law may not be changed
by the will of the people. And let us not neglect to observe in the
provisions of article fifth the strong incidental proof that the
Constitution of the United States was meant to be the basis of a
_nation_, and not the compact of a _confederation_. For how may this
article be reconciled with the theory of a compact? _Three fourths_ of
the States may concur in adopting an amendment that shall be valid as
part of the Constitution, which declares itself to be the supreme law of
the land, over _all_ the States.
This incidental point serves fitly to introduce the second branch of our
discussion, namely:
II. THE EXPEDIENCY AND NECESSITY OF THE PROPOSED AMENDMENT.
For slavery, or, in other words (lest we seem to offend some), a
rebellion in the interests and for the avowed establishment of slavery,
has struck _at the life of the nation_; and in self-defence the nation
must strike down slavery. If our Government is only the compact of a
confederation, then not only is there no need, but we have not the right
to adopt the proposed amendment. For by it an institution fostered by
the legislation of some of the States would be overthrown, in defiance
of that legislation. But the right, or constitutional power, of itself
implies the necessity to adopt the amendment whenever the occasion for
it may arise. The right is made part of the Constitution: the necessity,
or expediency, must be determined by circumstances outside of the
Constitution. We contend that circumstances at present point to the
complete extinguishment of slavery as the political necessity of the
period. The time for timid counsels is past. The day of tenderness for
Southern prejudices is gone by.
Coming, then, directly to the root of the matter, we lay down this first
proposition:
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