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
It is true, therefore, that slavery, never a right, but always a wrong,
under the Constitution, as under the law of nature and revelation, is
now to be no longer recognized even as a fact. To abolish it by this
amendment is to abolish it entirely throughout the Union, irrespective
of apparent State rights. The repeal of the Fugitive Slave Law remits
the question of restoring 'persons held to service' to the safeguards of
trial by jury, but has no further force. To supplement and complete the
work of reconstruction, we need to make impossible the pretence of a
power anywhere within the domain of the United States to hold a person
in bondage.
To the objection we have just noted, that certain State rights are thus
destroyed, there are two sufficient answers. First, in no State of the
Union, it is believed, does slavery exist by virtue of positive law. It
is the subject of legislation only as a recognized fact in society. It
exists in Virginia in violation of the Bill of Rights, which is part of
the organic law of that State, and, in its essential features, of every
slaveholding State. Therefore to abolish it is both to fulfil the duty
of the United States in guaranteeing to every State a republican form of
government, and to assert the only true doctrine of State rights,
namely, that the legislation of a State shall conform to the fundamental
law at once of the State itself and the nation. And thus the Bill of
Rights of a slaveholding State will be no longer a mockery, but a living
power. Secondly, the destruction of this pseudo right of a State to hold
slaves is no cause of complaint--even supposing it were a legitimate and
proper right.[9] For, the Constitution once adopted, the provision for
amendment, as part of it, has also been ratified and adopted; and
therefore, by a familiar principle of law, the exercise of that
provision may not afterward be questioned. It is not for the parties who
have once solemnly ratified an agreement to complain of the carrying
into effect of its terms. They must forever hold their peace.
Thus, by virtue of the proposed amendment, all the States of the Union
will become Free States, and there will be no longer the anomaly of a
free nation upholding slavery. It will then, moreover, have been settled
by the highest authority in the land, that a republican form of
government means, first of all, freedom; and so a free constitution will
be the unquestionable condition precedent of the admission of any State
into the Union. This doctrine will seem monstrous to the believer in
State sovereignty as paramount to the sovereignty of the nation: so it
will seem monstrous to the believer in secession and rebellion. But by
the lover of the Union (who alone is the true patriot in our country) it
will be accepted as a doctrine that adds another bond of unity to the
nation, and so tends to secure its perpetual strength.
Public-domain text, read in full here on John Shaqi.
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