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 whatever may be true as to the opinions of the fathers and early
statesmen of the republic; whatever may be true as to the precise
meaning of the term 'republican form of government' in the Constitution;
surely, in the light of our rebellion, there cannot longer be a doubt as
to the inherent antagonism of slavery to the principles of republican
government. The Southern Confederacy sprang into existence as an
oligarchy of slaveholders, willing (if need be) to live under a military
despotism (as is the fact to-day, and will be hereafter if the world
should witness the dire misfortune of its success), rather than submit
to the searching scrutiny of republican ideas, with freedom of speech
and press and person. And so it is that we recur to the simple fact of
the Southern Confederacy for the vindication of the proposed amendment
in all its bearings, finding in that fact the full warrant and
justification of it.
5. There is still another reason for the proposed amendment, that may be
urged with great force, on the ground of expediency; namely, that it
would settle the whole question of reconstruction in a manner and with
an effect that could not be gainsaid. For, once incorporated into the
fundamental law, there could not then arise questions touching the
validity of acts by which slaves are declared freemen. There would be
nothing left to hang a doubt upon. The Proclamation of Emancipation as a
war measure is undoubtedly a proper proceeding; but as a means of
effecting organic changes, and as possible to operate beyond the period
of actual war, it is open to many grave objections. Freedom being thus
made the law of the land, there would be no longer reason for
differences, as now there are wide differences among conscientious and
capable men, as to the proper mode of reinvesting the States usurped by
the rebellion with their rightful powers as kindred republics of the
nation. Constituent parts of a common and indivisible empire, those
powers cannot be destroyed by a usurping rebellion.
But, it is objected, the proposed amendment destroys certain of those
powers. Yes, it takes away all pretended right to hold slaves. For the
right of slavery is nowhere recognized in the Constitution. The fact of
slavery as part of the local establishments of some States could not be
ignored, although, as is well known, the word 'slave' was expressly
ruled out of the Constitution. Hence, the famous provisions for the
rendition of '_persons held to service_' (art. iv. sec. 2), and for the
apportionment of representatives and direct taxes, 'by adding to the
whole number of free persons ... _three fifths of all other persons_'
(art. i. sec. 2): which are the only recognition slavery finds in our
Constitution.
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