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
To the objection that, at the time of adopting the Constitution, all the
States were Slave States, with a single exception, and therefore within
the meaning of that instrument slavery and a republican form of
government are not incongruous, there are two answers. First, it is
matter of history that the framers of the Constitution acted throughout
with reference to the eventual abolition of slavery; as has been already
adverted to in this paper. Therefore such States as have retained their
slave establishments have done so in violation of the spirit of this
provision of the Constitution; while such States as have since been
admitted into the Union with slave establishments have been admitted by
compromises, equally in violation of that provision, but acquiesced in
by the whole country, as the slave establishments of the original
States had been, and therefore equally binding on our good faith. We are
now no longer bound by any compromises. We have kept our plighted faith
strictly and fairly, though the Slave States have not. Our duty now is
to reconstruct, if we can, the fabric of the Union. If, in doing this,
we abolish slavery entirely, which makes impossible the full realization
of this guaranteeing clause, the guaranty will spring into new life and
become a power in the law of the land. Secondly, what is meant by a
republican form of government within the meaning of the Constitution
must be determined by reference to the Declaration of Independence,
which is the basis of our Government, and declares the principles of it.
That Declaration was promulgated as embodying the doctrines of a new
age--an age in which the rights of man should at last be maintained as
against the rights of royalty and privilege. It is, therefore, the
soundest rule of interpretation to refer the ambiguities of the organic
law to the declaration that preceded and introduced it and made it
possible. And so interpreting, will any one say that slavery is
compatible with the principles of the Declaration of Independence?
In support, moreover, of the view here taken, may be cited the opinion
of many of our statesmen, as expressed on the question of admitting new
States into the Union: as, for instance, when Missouri applied for
admission with a slave constitution. Nor is it competent to offset this
with the opinion of such statesmen as have advocated the doctrine of the
Virginia Resolutions of State sovereignty; for they notoriously
disregarded the paramount supremacy of the Constitution. The
conscientious doubt of others as to making the exclusion of slavery a
condition precedent to admission into the Union, proves not the
incorrectness of this position, but strengthens it, by showing that only
a controlling love of the Union caused the doubt, which originated in a
policy that would not even seem to do injustice to any State.
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