The Outlook: Uncle Sam's Place and Prospects in International Politics — John Stuart Mill — John Shaqi
The Outlook: Uncle Sam's Place and Prospects in International Politics
John Stuart Mill · en
I do not presume to read the constitution of the United States for this
or any other audience--that is a work beyond my powers, and, I
apprehend, beyond those of many who consider themselves of the
"constitutional party." But there may be instruction in recalling a few
of the instances in our history in which the constitutionally impossible
has been nevertheless accomplished, and that, too, without harm to the
Republic.
Thomas Jefferson, being a democrat and "strict constructionist,"
demanded an amendment to the constitution to confirm the Louisiana
purchase; but not, it will be remembered, until after the purchase had
been made, constitution or no constitution.
Andrew Jackson, another democrat, has never been rebuked by posterity
for marching into Florida, arresting and hanging Ambuster and his fellow
spies on what was then Spanish territory; yet in so doing President
Jackson thrust his hob-nailed Tennessee boots clean through the sacred
parchment. It has been well said that success is an unwritten law seldom
reversed by the courts. Certainly neither the courts nor Jackson's
fellow strict-constructionists have ever rebuked him for the
"unconstitutional act."
Passing over the Mexican war and the acquisition of Texas, California
and New Mexico, a series of acts very damaging to the dignity of the
constitution, let us come at one step to the most conspicuous breach of
the constitution in all our history--the War of the Rebellion.
There is not a line in the constitution expressly permitting the
secession of a state, though so eminent an authority as the late Judge
Thomas M. Cooley, himself a Northerner and a Union man of undoubted
loyalty, plainly intimates in his "Constitutional Limitations" that at
least historical precedent was on the side of secession. But neither is
there authority in the constitution for the invasion of a state by the
federal army, unless at the request of the state authorities; yet the
Southern states seceded, and President Lincoln marched the Northern
armies whithersoever secession and rebellion showed their heads. Still
more recently, President Cleveland sent federal troops into Illinois to
quell riotous strikers, against the protest of the Governor; yet
posterity sustains both presidents in their acts--perhaps even thanks
them for the precedent--whatever the cost to the constitution.
As for the repression of the rebellion, posterity, including many of the
seceding "strict constructionists," now concede that equity, common
sense and the instinct of self-preservation amply justified any possible
breach of the constitution committed for the preservation of the Union.
A federation of states holding together only at the will of all its
component parts would hardly have been worth saving; so that if the
constitution was on the side of the seceders, why--so much the worse for
the constitution.