LITERATURE AND NATIONAL POLICY.

Vol. II--OCTOBER, 1862.--No. IV.

'THE CONSTITUTION AS IT IS--THE UNION AS IT WAS.'

This has been a pet phrase, in certain quarters, ever since the

rebellion broke out. The men who use it are doubtless well aware of the

prodigious power of such cries adroitly raised. The history of their

influence over the unreflecting masses in all ages would be one of the

most curious chapters in the history of human nature.

The phrase has a grand air. Its words are brave words to conjure with.

It is susceptible of a good and loyal sense. It may mean, restore the

supremacy of the Constitution and the integrity of the Union by crushing

this atrocious rebellion to utter extinction by force of arms. It may

mean that all the revolted States are to be brought back into the Union

and under the authority of the Constitution by military subjugation. It

_may_ mean this, though it is certainly not a short or strong way of

expressing the only thing which patriotic men have now to think of, to

wish done, and to help do; and I do not believe any man of strong, clear

head or right loyal heart would take this way of expressing it. Still,

it may mean this; but if it does not mean this, it means nothing

pertinent to exigency, nothing patriotic, nothing loyal.

But is this what they mean who trade with it now? No--nothing of the

sort. They use it to distract and perplex the public mind; to draw it

off from the one paramount obligation which the times impose upon the

nation--the obligation of saving the national existence by the military

extinction of the rebellion, regardless of all other ends and aims. They

trade upon the popular reverence for the Constitution--that sense of its

sacredness which lies so deep in the heart of the North. They do it to

mislead the honest masses, whose hearts are mainly right, but whose

heads--some of them, but, thank God! not many now--are not so clear to

see the miserable fallacy of its application. They make it a text and

pretext for inveighing against the government, and so weakening its hold

on the popular confidence and support; for raising seditious outcries

against any restriction of the license to talk and print treason--what

they call tyrannical oppression of the freedom of speech and of the

press. They know perfectly well that not a thousandth part of the

toleration which traitorous talking and printing enjoy at the

North--through the extraordinary and amazing leniency of the

Government--is for one moment granted to Union sympathizers by rebel

authorities in the South. They never have a word to say against the way

in which loyalty to the Union is there crushed down by imprisonment,

banishment, confiscation, and hanging. They have never a word to say

against the brutal and fiendish atrocities of cruelty perpetrated there

upon all who are even suspected of Union sentiments. They reserve all

their indignation for the moderate repression which our Administration

has seen fit, in some cases, to apply to traitorous utterances. They

have even risen to the sublime impudence of denouncing it as a monstrous

outrage on the constitutional rights of Northern traitors, that our

Government has declined, in a few instances, to allow the United States

mail to be the agent for transporting and circulating treasonable

newspapers. I have quite lately been edified with the tone of lofty,

indignant scorn with which one of these papers--published in the city of

New-York--cries shame on the Government for refusing to be its carrier;

though no man knows better than the editor that a publication at the

South as much in sympathy with the Union as his is with the rebellion,

would not only not get carried in the rebel mails, but, before

twenty-four hours, would be suppressed, and its editor in prison, or

more probably hung, by the direction or with the approbation of the

rebel authorities; and in such a case, our New-York editor would not

have space for a line to chronicle the fact, or for a word to denounce

it to Northern indignation. But for our Government to decline carrying

his treasonable sheet--that is monstrous! Behold him, a confessor in the

sacred cause of freedom of speech and of the press! _He_ will not

succumb to unconstitutional tyranny! He will continue to print in spite

of Government, and to send his treason through the land by the express

companies, until the millennial day of the restoration of 'the

Constitution _as it is_, the Union _as it was_!'

The men who utter this phrase talk, too, about the constitutional rights

of the rebels--just as if those who are waging war for the overthrow of

the Constitution had any rights under it! Such talk is an outrage on

common-sense and decency. What constitutional rights have rebels in arms

to any thing, but to be fairly tried for treason, to the forfeiture of

their lives, if they escape merited death on the battle-field?

These out-criers for the Constitution and the Union strive also to

confuse the public mind with constitutional questions as to the end or

purpose of the war. What has the Constitution to do with that? What

constitutional object is there for the nation or the Government to have

now in view? This, and this only: the extinction of the rebellion by

force of arms. Conventions, negotiations, concessions to rebels in

arms--even if they were in arms for rights under the Constitution--would

be utterly unconstitutional; much more are they so when the rebels are

in arms not to vindicate constitutional rights, but for the overthrow of

the Constitution, the destruction of the Government, and the

dismemberment of the nation. They must lay down their arms in

unconditional submission before they can be constitutionally treated

with. Any other doctrine would be subversive of the Constitution, of the

principles that lie at its basis, of the principles of all government,

all national existence, and all social order.

The Government may be driven, by the victorious pressure of rebel arms,

to the overwhelming necessity of treating with them. Necessity has no

laws. But until then, to talk of treating with armed rebels is as

treasonable as it is absurd. Until then, there is no other object

allowed by the Constitution, no other obligation imposed by it on the

Government, but the military subjugation of the rebellion. The

Constitution gives the Government this power, and no other--puts upon it

this duty, and no other.

And as to constitutional modes of conducting the war: are the men who

raise questions, and suggest scruples, so stupid as not to know that, so

far as the rebels are concerned, such a way of talking is the sheerest

of all possible absurdities? The war power is a power conferred by the

Constitution; but it is a power which, in face of an enemy, is above all

other constitutional powers. In granting the war power to Government,

the Constitution grants to it, without qualification or limitation, all

the powers necessary and proper to carry on war; this, of course, even

if there were no plain delegation of them. But there is; and the only

laws which limit the constitutional powers of Government in the conduct

of the war, are the laws of war. These laws lie outside of the

Constitution, in the consent and recognition of civilized nations. They

are now the supreme laws. All this, for the sufficient reason that the

constitutional grant of the war power under any other limitation than

the laws of war, would be idle and nugatory; and this for the sufficient

reason that the salvation of the republic is that to which every thing

else must be sacrificed. The constitutional guaranties of State and

personal rights were framed for a condition of union, order, peace--not

for one of secession, rebellion, and war. In such a time, they must all

give way to the supreme necessity of saving the national existence.

Constitution or no Constitution, the nation must not be destroyed. Who

but a fool would question the right of a man to strike a dagger to the

heart of the assassin whose grasp was on his throat, because there is a

law against the private use of deadly weapons? The clutch of a

parricidal rebellion is grappling at the national existence, and what

shall we think of those men who would stay the arm of Government from

stabbing at its vitals by interposing constitutional scruples? Even if

the Constitution did stand in the way, who but a fool or a traitor would

hesitate to go around it or over it to save the national existence?

_Salus reipublicæ suprema lex._ Was the nation made for the

Constitution, or the Constitution for the nation? If both can not stand

together, which shall go down? Will you stick to the Constitution, and

let the nation be destroyed? Any thing more insanely preposterous than

such a putting of the wrong thing foremost, such a preference of the

means to the end, is hard to be imagined.

But the Constitution does not stand in the way. Neither in letter nor in

spirit does it interpose a feather's resistance to the most summary and

effectual extinction of the rebellion. On the contrary, it justifies the

use of all the means sanctioned by the laws of war. It justifies, and,

if need be, demands, the receiving, employing, and arming of all the

loyal inhabitants of the South held in slavery under local laws, whether

by rebel or by loyal masters. What the former might think or say, need

not be asked or cared for; and the latter can not, in loyalty, object to

the taking of their slaves for the defence of the nation, if military

reasons make it needful or wise to do it. _If employed, these slaves

must be freed_, and their masters must receive compensation at the hands

of Government. To this, if their loyalty be any thing but an empty name,

they will consent. If the extinction of slavery should be the ultimate

result, what then? Is slavery so sacred and beneficent, that a

triumphant rebellion and a dismembered country are to be preferred to

its extinction? The loyal people of the North--the great body of the

nation--are getting tired of that conditional Unionism, that Border

State loyalty, which makes a paramount regard to the interests of

slavery the price of adhering to the national cause. Conditional

Unionism--what sort of Unionism is that? Loyalty with a price--what is

such loyalty worth? The very terms imply threats, and involve the

assertion of the very principle of secession itself. To treat with it,

to concede to it, is to admit the principle. It has already cost the

country too dearly to be longer endured. Six hundred millions of dollars

and a hundred thousand lives vainly sacrificed to the foolish policy,

are enough. It helps the cause of rebellion, it paralyzes the arm of

Government. The people have become sternly impatient of it. The sooner

President Lincoln, in his quality of Commander-in-Chief, understands

this, and makes the Border State Unionists understand that every thing

must give way to the necessity of putting an end to the rebellion

forthwith by the employment of all the means which God and nature have

put in our power, the better it will be for him, the better for the

nation, and the better for the Border States themselves, if they are

wise. I think that when firmly told there must be an end to this

conditional Unionism, this loyalty with a price, those States will have

the wisdom to see on which side their real interests lie. But, at all

events, the question should be settled. Better they should go over to

the rebels at once, than prevent the extinction of the rebellion through

their conditional Unionism.

But it is with Northern out-criers for the Constitution and the Union

that the present inquiry is chiefly concerned. These men want the Union

'as it was.' What _was_ it? What was it, in the _only_ thing that is in

their thoughts and wishes when they raise the cry? It was a Union

controlled by the South through alliance with a Northern party styling

itself Democratic. It was the whole power of the Federal Government

wielded for the aggrandizement of slavery, its extension and perpetual

maintenance as an element of political domination. This is what the

Union _was_. This is what these Democrats want again--in order that they

may again enjoy such a share (never an equal one) in the honors and

emoluments of office as their oligarchic masters may allow them. This is

all they think of or desire when they cry for the Union as it was--a

chance for loaves and fishes again at the hands of those who for thirty

years have used them and despised them. They want to be used and

despised again. Hence, though they talk about putting an end to the

rebellion, they want it put an end to only in such a way as shall secure

the restoration of the slave power to its old position, and of

themselves to their old relations with it. This would set them up in

their business again. They are out of business now.

Hence, while Governor Stanly, in North-Carolina, is telling the people

there that the rebellion must be crushed though it involve the

destruction 'of every Southern institution,' and that the maintenance of

the supremacy of the National Government and the integrity of the

national domain is worth more than all the lives and all the property of

rebels of whatever sort; and while Andrew Johnson is declaring the same

thing in Tennessee, these Northern traitors are speaking tenderly of the

rebellion as an 'irregular opposition'--excited and almost justified by

Northern aggressions on Southern rights--which ought to be so met on our

part as not to preclude the South from a return to its ancient

domination. They insist that the struggle shall be conducted with the

least possible 'irritation' of rebel feelings and with a sacred regard

to their slave rights. They bewail the enormities perpetrated by

Congress and the President against the rebels, the abolition of slavery

in the District of Columbia, the receiving and feeding of fugitive

slaves, the employment of negroes as Government teamsters, the repeal in

the Senate of the law prohibiting free negroes to carry the mail, the

legalizing of the testimony of blacks, the attempt 'to create an

Abolition party in the Border States' by the offer of compensation to

the owners in such States as may adopt the policy of emancipation, and

lastly, the Confiscation Act, which takes away the property of rebels

and sets free their slaves. These things they denounce in the bitterest

terms--some of them as 'wounding to the sensibilities of the South,' and

some of them as atrocious outrages on the rights of the rebels,

calculated to drive them to such 'desperation' that they will never

consent, on any entreaty of their Northern friends, to accept their old

position of political control in the 'Union as it was.'

Some of these men talk, indeed, of putting down the rebellion by the

strong arm; but they talk a great deal more of putting down

Abolitionism--which with them means not only hostility to slavery, but

even the disposition to acquiesce in the military necessity of its

extinction. They sometimes go to the length of talking of 'hanging the

secessionists;' but then, you will observe, they always talk of hanging

the 'Abolitionists' along with them. They want them to dangle at the

other end of the same rope. It is easy, however, to perceive that the

hanging of the secessionists is not the emphatic thing--with many not

even the real thing, but only an ebullition of vexation at them for

having spoiled the old Democratic trade--a figurative hanging--often,

indeed, only a rhetorical tub thrown out prudentially to the popular

whale, who might not be quite content to hear them talk of hanging only

on one side: but the hanging of the Abolitionists, there is no mistaking

their feelings about that; there is a hearty smack of malignant relish

on their lips when they speak of it.

These men are as foolish as they are traitorous in their cry for the

Union as it was. The Union 'as it was' is a thing that never can be

again. They say the South wants nothing but guarantee for the security

of its constitutional slave rights--if that had been given they would

never have taken up arms; give them that and they will lay them down.

Nothing more false. Just before the secession of South-Carolina, Pryor

telegraphed from Washington: 'We can get the Crittenden Compromise, but

we don't want it.' 'No matter what compromise the North offers,' said

Mason, 'the South must find a way to defeat it.' These are facts

undeniable and undenied. They demonstrate the falsehood and folly of the

men who talk of bringing the rebels back into the Union by concessions.

The South did not want guarantees; it wanted separation. It determined

to set up an independent slave empire, and no concession you can make

will lead them to abandon their determination. Undo the recent

legislation of Congress, reëstablish slavery in the District of

Columbia, and repeal the prohibition of slavery in the Territories, and

you make the Union 'as it was,' so far as the North is concerned; but

will that bring back the South? No. Go still further, and make the Union

_more_ than 'it was' for them; yield them the principle of the Lemmon

Case, and so allow them to call the roll of their slaves under the

shadow of Bunker Hill, and to convert New-York Battery into a slave-mart

for the convenience of slave-breeding Virginia and the slave-buying Gulf

States; and will these concessions lead the rebels to lay down their

arms and return into the Union? No. They will never lay down their arms

until they are conquered by overwhelming military force. They will never

be in the Union until subjugated. And I think the rebellion will never

be extinguished without extinguishing slavery. Then, and not before,

will the conditions begin to exist of lasting peace and true union

between the South and the North. Then, and not before, will there be

genuine prosperity, a true social order, and a decent civilization in

the South.

And since 'the Union _as it was_' is a thing that never can be again, it

is not worth while to concern ourselves overmuch about 'the Constitution

as _it is_,' so far as those who raise the outcry for it have any

determinate meaning in their cry. For here, too, the reëstablishment of

the political power of slavery is the only point in their view.

The Constitution--in its great substance, in its essential principles,

in the general frame of government it establishes, in its organization

of powers, in its main provisions, and in most of its details--is an

instrument which probably few wise and patriotic Americans would care to

see altered, and none would wish to see subverted. But the constitutions

of all governments, written or unwritten, (and each sort has its special

advantages and disadvantages,) are more or less subject to change--must

change and should change--with the progress of society. The

Constitution of the United States provides for its own amendment by the

people by whom and for whom it was framed. Many amendments have already

been made; more are likely in time to be found needful. And no one but a

fool will swear blindly by 'the Constitution as it is,' if he is thereby

to be precluded from voting for such improvements as time and

circumstances may make important and desirable.

But these traitorous traders in the phrase have (as before said) but one

single point in view. In the whole compass of the Constitution their

devotion embraces nothing in their vows for its unchangeable sacredness

except its recognition of slavery, its provisions for the rendition of

fugitive slaves, and for counting five Southern chattels as three white

citizens in the basis for Federal representation. These are provisions

that must not be changed. This is what they mean, and all they mean,

when they shout for 'the Constitution as it is.' So sacred is the

Constitution in this one sole respect, that they have rung every change

of protest--from solemn remonstrance to frantic howls of wrath--against

the recent law for taking from rebels the slaves that dig trenches and

grow food for them while they are fighting for the overthrow of the

Constitution. And the only vision of a Constitution '_as it is_' which

looms up to their views and wishes in the future--'the Mecca of their

hearts' fond dream'--is the overthrow of this legislation, and the

reinstatement of slaveholders in their old rights fortified and extended

by Supreme Court decisions carrying slavery and their slave laws into

all the Territories, with the right of transit and sale for slaves in

all the free States.

But most wise men believe that in the end of the war there is not likely

to be much slavery to need constitutional protection. And since our

nation at its very birth solemnly proclaimed the doctrine that of right

'all men are born free and equal' as before the law, and have an equal

right 'to life, liberty, and the pursuit of happiness,' perhaps these

Democrats may be willing to let these provisions in behalf of slavery be

dropped out of the Constitution when they shall have become no longer

any thing but a dead letter--with no power of political victory and

reward in them. As a living contradiction to the Declaration of

Independence they have been the source of all our woes. It is not

necessary to blame the framers of our Constitution for introducing them.

They did it for the best, as they thought. They themselves hoped and

believed the necessity for such provisions would long before this time

cease to exist. They little dreamed what mighty mischiefs, what long

contentions, what bitterness, what crimes, what bloody horrors they were

entailing on their descendants. They little dreamed what a terrible

_Nemesis_ would so soon avenge the expedient and temporary introduction

(as they thought) of a contradiction to the principles of liberty into

the organic law of a free nation whose first foundations they themselves

had laid in the solemn proclamation of man's inalienable rights.

Is it too much to hope that, by and by, when there shall (as God grant)

no longer be any slavery to need protection, these Democrats will be

willing that this contradiction should be removed, by making a slight

alteration in 'the Constitution _as it is_'? Let us trust they will. It

is true the Democratic party for twenty years has had but one single

principle. Its whole life, activity, object, and occupation has centred

and turned on the one sole point of upholding slavery, echoing its

doctrines, asserting its rights, obeying its behests, extending its

area, and aggrandizing its power; and so thoroughly imbued with the

spirit of their Southern masters became the members of the party, that

in ten years past I have found but few men calling themselves Democrats

and acting with the party who were not in mind and heart, in principle

and feeling, pro-slavery men! Pro-slavery Democrats! Four-cornered

triangles! Square circles! So the sense of contradiction always struck

me. Yet for most of them I could not feel any thing of that intense

scorn with which John Randolph of Roanoke more than thirty years ago

branded the Northern 'doughface' in Congress, when pointing his skinny

finger at his sneaking victim, he exclaimed: 'Mr. Speaker, I envy

neither the head nor the heart of the Northern man who rises here to

defend slavery on principle.' I remembered the prodigiously demoralizing

effect of slavery on the moral sense and sentiments. I remembered that

the present generation of Democrats have been subjected to the influence

of Southern masters who long ago out-grew and renounced the sentiments

prevalent in the early days of John Randolph: and I have been charitable

in most cases (not in all) to their inability to see the contradiction

between the ideas of _Democracy_ and _Pro-Slaveryism_. Let us hope for

better things in time to come. With their bondage, their love of bondage

will go. It has been passing from the hearts of the great, honest masses

of them ever since _Saint Sumter's Day_.

The Continental Monthly, Vol. 2 No 4, October, 1862 Devoted To Literature And National Policy · 第 4 / 86 题