UNANSWERABLE REASONS FOR CONGRESSIONAL GOVERNMENTS

Against this power I have heard no argument which can be called an

argument. There are objections founded chiefly in the baneful pretension

of State Rights; but these objections are animated by prejudice rather

than reason. Assuming the impeccability of the States, and openly

declaring that states, like kings, can do no wrong, while, like kings,

they wear the "round and top of sovereignty," politicians treat them

with most mistaken forbearance and tenderness, as if these Rebel

corporations could be dandled into loyalty. At every suggestion of rigor

State Rights are invoked, and we are vehemently told not to destroy the

States, when all that Congress proposes is simply to recognize the

actual condition of the States and to undertake their temporary

government, by providing for the condition of political syncope into

which they have fallen, and, during this interval, to substitute its own

constitutional powers for the unconstitutional powers of the Rebellion.

Of course, therefore, Congress will blot no star from the flag, nor will

it obliterate any State liabilities. But it will seek, according to its

duty, in the best way, to maintain the great and real sovereignty of the

Union, by upholding the flag unsullied, and by enforcing everywhere

within its jurisdiction the supreme law of the Constitution.

At the close of an argument already too long drawn out, I shall not stop

to array the considerations of reason and expediency in behalf of this

jurisdiction; nor shall I dwell on the inevitable influence that it must

exercise over Slavery, which is the motive of the Rebellion. To my mind

nothing can be clearer, as a proposition of constitutional law, than

that everywhere within the exclusive jurisdiction of the National

Government Slavery is impossible. The argument is as brief as it is

unanswerable. Slavery is so odious that it can exist only by virtue of

positive law, plain and unequivocal; but no such words can be found in

the Constitution. Therefore Slavery is impossible within the exclusive

jurisdiction of the National Government. For many years I have had this

conviction, and have constantly maintained it. I am glad to believe that

it is implied, if not expressed, in the Chicago Platform. Mr. Chase,

among our public men, is known to accept it sincerely. Thus Slavery in

the Territories is unconstitutional; but if the Rebel territory falls

under the exclusive jurisdiction of the National Government, then

Slavery will be impossible there. In a legal and constitutional sense,

it will die at once. The air will be too pure for a slave. I cannot

doubt that this great triumph has been already won. The moment that the

States fell, Slavery fell also; so that, even without any Proclamation

of the President, Slavery had ceased to have a legal and constitutional

existence in every Rebel State.

But even if we hesitate to accept this important conclusion, which

treats Slavery within Rebel States as already dead in law and

Constitution, it cannot be doubted, that, by the extension of the

Congressional jurisdiction over the Rebel States, many difficulties will

be removed. Holding every acre of soil and every inhabitant of these

states within its jurisdiction, Congress can easily do, by proper

legislation, whatever may be needful within Rebel limits in order to

assure freedom and to save society. The soil may be divided among

patriot soldiers, poor-whites, and freedmen. But above all things, the

inhabitants may be saved from harm. Those citizens in the Rebel States,

who, throughout the darkness of the Rebellion, have kept there faith,

will be protected, and the freedmen will be rescued from the hands that

threaten to cast them back into Slavery.

But this jurisdiction, which is so completely practical, is grandly

conservative also. Had it been early recognized that Slavery depends

exclusively upon the local government, and that it falls with that

government, who can doubt that every Rebel movement would have been

checked? Tennessee and Virginia would never have stirred; Maryland and

Kentucky would never have thought of stirring. There would have been no

talk of neutrality between the Constitution and the Rebellion, and every

Border State would have been fixed in its loyalty. Let it be established

in advance, as an inseparable incident to every Act of Secession, that

it is not only impotent against the Constitution of the United States,

but that, on its occurrence, both soil and inhabitants will lapse

beneath the jurisdiction of Congress, and no State will ever again

pretend to secede. The word "territory," according to an old and quaint

etymology, is said to come from _terreo_, to terrify, because it was a

bulwark against the enemy. A scholiast tells us, "_Territorium est

quicquid hostis terrendi causâ constitutum_," "A territory is something

constituted in order to terrify the enemy." But I know of no way in

which our Rebel enemy would have been more terrified than by being told

that his course would inevitably precipitate him into a territorial

condition. Let this principle be adopted now, and it will contribute

essentially to that consolidation of the Union which was so near the

heart of Washington.

The necessity of this principle is apparent as a restraint upon the

lawless vindictiveness and inhumanity of the Rebel States, whether

against Union men or against freedmen. Union men in Virginia already

tremble at the thought of being delivered over to a State government

wielded by original Rebels pretending to be patriots. But the freedmen,

who have only recently gained their birthright, are justified in a

keener anxiety, lest it should be lost as soon as won. Mr. Saulsbury, a

Senator from Delaware, with most instructive frankness, has announced,

in public debate, what the restored State governments will do. Assuming

that the local governments will be preserved, he predicts that in 1870

there will be more slaves in the United States than there were in 1860,

and then unfolds the reason as follows,--all of which will be found in

the "Congressional Globe"[29]:--

"By your acts you attempt to free the slaves. You will not have them

among you. You leave them where they are. Then what is to be the

result?--I presume that local State governments will be preserved. If

they are, if the people have a right to make their own laws, and to

govern themselves, they will not only reënslave every person that you

attempt to set free, but they will reënslave the whole race."

Nor has the horrid menace of reënslavement proceeded from the Senator

from Delaware alone. It has been uttered even by Mr. Willey, the mild

Senator from Virginia, speaking in the name of State Rights. Newspapers

have taken up and repeated the revolting strain. That is to say, no

matter what may be done for Emancipation, whether by Proclamation of the

President, or by Congress even, the State, on resuming its place in the

Union, will, in the exercise of its sovereign power, reënslave every

colored person within its jurisdiction; and this is the menace from

Delaware, and even from regenerated Western Virginia! I am obliged to

Senators for their frankness. If I needed any additional motive for the

urgency with which I assert the power of Congress, I should find it in

the pretensions thus savagely proclaimed. In the name of Heaven, let us

spare no effort to save the country from this shame, and an oppressed

people from this additional outrage!

"Once free, always free." This is a rule of law, and an instinct of

humanity. It is a self-evident axiom, which only tyrants and

slave-traders have denied. The brutal pretension thus flamingly

advanced, to reënslave those who have been set free, puts us all on our

guard. There must be no chance or loop-hole for such an intolerable,

Heaven-defying iniquity. Alas! there have been crimes in human history;

but I know of none blacker than this. There have been acts of baseness;

but I know of none more utterly vile. Against the possibility of such a

sacrifice we must take a bond which cannot be set aside,--and this can

be found only in the powers of Congress.

Congress has already done much. Besides its noble Act of Emancipation,

it has provided that every person guilty of treason, or of inciting or

assisting the Rebellion, "shall be disqualified to hold any office under

the United States." And by another act, it has provided that every

person elected or appointed to any office of honor or profit under the

Government of the United States shall, before entering upon its duties,

_take an oath_ "that he has not voluntarily borne arms against the

United States, or given aid, countenance, counsel, or encouragement to

persons engaged in armed hostility thereto, or sought or accepted or

attempted to exercise the functions of any office whatever under any

authority, or pretended authority, in hostility to the United

States."[30] This oath will be a bar against the return to _National

office_ of any who have taken part with the Rebels. It shuts out in

advance the whole criminal gang. But these same persons, rejected by the

National Government, are left free to hold office in the States. And

here is another motive to further action by Congress. The oath, is well

as far as it goes; more must be done in the same spirit.

But enough. The case is clear. Behold the Rebel States in arms against

that paternal government to which, as the supreme condition of their

constitutional existence, they owe duty and love; and behold all

legitimate powers, executive, legislative, and judicial, in these

States, abandoned and vacated. _It only remains that Congress should

enter and assume the proper jurisdiction._ If we are not ready to

exclaim with Burke, speaking of Revolutionary France, "It is but an

empty space on the political map," we may at least adopt the response

hurled back by Mirabeau, that this empty space is a volcano red with

flames and overflowing with lava-floods. But whether we deal with it as

"empty space" or as "volcano," the jurisdiction, civil and military,

centres in Congress, to be employed for the happiness, welfare, and

renown of the American people,--changing Slavery into Freedom, and

present chaos into a Cosmos of perpetual beauty and power.

* * * * *

The Atlantic Monthly, Volume 12, No. 72, October, 1863 A Magazine of Literature, Art, and Politics · 第 60 / 62 题