The Cornhill Magazine (Vol. IV, No. 2, August 1861) — John Shaqi
The Cornhill Magazine (Vol. IV, No. 2, August 1861)Various
General
The Cornhill Magazine (Vol. IV, No. 2, August 1861)
Various
England -- Periodicals; English literature -- Periodicals; Short stories, English -- Periodicals
threat of dissolving the Union over the North as a means of coercion, and
there can be no doubt at all that the threat has been most effective. For
a long period Northern politicians have made every sort of concession to
the South, in order to avoid the question which is now forced upon them,
for no assignable reason except that for the first time for the last
quarter of a century a Northern president has been chosen.
It is scarcely possible to imagine any state of things more insufferable
to men of spirit, than such a course of conduct as this. Indeed in many
of the steps of the long struggle between the North and the South it is
impossible to deny that the Northerners showed great want of resolution,
and down to the attack on Fort Sumter they continued to display a degree
of forbearance which was hardly dignified. It is of course difficult, if
not impossible, for any one who was not in America, or who had not an
intimate personal knowledge of the state of feeling there, to express any
positive opinion as to the course of the extraordinary change which that
transaction produced. It seems, however, to be like the case of a man
who, after putting up with all sorts of hard words and rough conduct, is
interrupted in the midst of expostulations and offers of compromise by
a box on the ear. Some ridicule was cast by the English papers on what
was described as the unstatesmanlike and technically legal view of the
question between the North and South, and of the way in which it was to
be treated, which the President put forward in his proclamation on taking
office. Some of our most influential newspaper writers thought that it
fell below the occasion, and that a manifesto announcing a course of
policy based on general considerations would have been more appropriate.
Such criticisms betray ignorance of the fundamental principles of the
American constitution. The consequence of the institution of the Supreme
and Federal courts, and of the reduction of the constitution to the form
of a written document technically interpreted by professional lawyers,
has been to remove numerous questions which we treat as questions of
policy to the domain of strict law, and to invest legal doctrines with
a prominence and importance unknown to any other nation. So long as
no actual physical force was applied to the property or forces of the
Union, the Federal law was not broken. The crime of treason is defined
to consist in “levying war against the United States, or adhering
to their enemies only.” The President has well-defined legal powers
and responsibilities, and is bound by oath to act upon them. It is,
therefore, natural enough that both he and the Northern States generally
should have submitted patiently to acts on the part of the Southern
States which no Continental government would have permitted on the part
of any member of the nation, and which even in the British Islands would
have been illegal.
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