Three years ago this summer of 1864, even after the treason of Southern leaders had precipitated the flagrant Southern rebellion, ay, and even after treason had dared the loyal army of the nation and flaunted its defiant banner on the field of battle, the sentiment of a forbearing people declared that no interference with the local establishments of the treason-infected South would be permitted. So faithful were we to the compromises of our fathers; so loth to believe in the wicked purpose that had moved the rebellion. Three years of desperate resistance to the nation's authority, three years of war, with its lessons of bitterness, and grief, and death, and agony worse than death, have convinced us that no further compromise is possible. Men told us so before, but we were too devoted to the Union to believe in a treason that would not stop short of the nation's complete dishonor. God be thanked that we know the issue at last! Our conviction has gradually, but how immovably, established itself! And now the sentiment of the people, no longer forbearing, but not less just, and based upon the same unalterable devotion to the Union, withdraws the pledges of the past and dictates an amendment to the Constitution that shall leave no possibility of slaveholding treason hereafter. That sentiment has found expression in two mass conventions, representing the undoubted overwhelming majority of the people, and it remains now to show the justice of it. It is accordingly the purpose of this paper to discuss the nature of the proposed amendment, and to state some controlling reasons in favor of it.
The question, plainly stated, is: Ought the Constitution to be amended so as to abolish slavery throughout the United States? Or, in other words, Ought liberty to become part of the supreme law of the land? Ought the idea of the nation to be now, at last, incorporated into the law of the nation, and so made a fixed fact of the nation's history?
It should seem that the mere statement of the question suggests the basis and positive force of the affirmative of it. For it reminds us at once of the mighty revolution that has agitated and aroused it. The progress of a century has been crowded into less than a decade of years. The statesmanship of 1850 (profound and patriotic, as alas! it is to be feared, too much of what we call statesmanship to-day is not) has been outgrown. Let us not be startled by the statement. The highest art of politics is to recognize existing facts. No thinking person will deny that the policies of the past are powerless to-day. We cannot, if we would, unmake the history of the last ten years. Tempora mutantur, et mutamur in illis. Or, as a distinguished and eloquent son of Tennessee lately paraphrased this old maxim: 'The world moves, and takes us along with it, whether we will or not.'
Our discussion naturally divides itself into two branches: first, as to the right, or constitutional power, to adopt the proposed amendment; and secondly, as to the expediency and necessity of it.
I. THE RIGHT, UNDER THE CONSTITUTION, TO ADOPT THE PROPOSED AMENDMENT.
No characteristic of the American people is more marked than their regard for law; and in nothing is that characteristic more striking than in their respect for the Constitution, the supreme law of the land. Whatever seems to come in conflict with that supreme law must encounter an irresistible odium. And herein appears the splendid fruit of the teachings of our great legists and statesmen, enforced, as they are, by the hereditary traditions of our Anglo-Saxon birthright. It is, moreover, a standing proof that democracy is not necessarily radical and destructive; and so furnishes us with a complete answer to the assumptions of English Tories, as in Alison's 'History of Europe,' that democracy is but the organized exponent of the self-willed passions of the multitude. What thing, indeed, is more wonderful than the tenacity with which conscientious men still cling to the doctrine (that had once some reason for it) of constitutional guaranties in behalf of slavery—an institution that has inspired the most monstrous treason of all history! What people but the American would still be hesitating, after the solemn experience of these three years, to strike down every possible support to slavery!
Surely the lesson of the French Revolution, in its trumpet-toned warning to the nations against a destructive radicalism, has not been lost upon us. How ought we to adore the Providence, guided by whose inspiration (as with becoming reverence we may believe) Washington and his supporters directed our infant republic in the track of English conservatism, fearful of the vagaries of the Red Republicanism of France! This prudent policy justifies itself more and more in our experience; and to-day the great heart of the people beats in unison with those Providential leadings. Therefore it is that the question, in reference to any measure, Is it constitutional? far from exciting ridicule, as sometimes with superficial thinkers it has done, is to be recognized as proof of our magnificent control over the wayward factions of the hour, and of our abiding trust in the hardly less than inspired wisdom of our fathers, to which we thus make our ultimate appeal. For the Constitution is the organic law of the nation, and stands for the firm foundation of our national life. The indissoluble bond of the Union, it is itself the palladium of our liberties. It is, in fine, the grandest chart of liberty and law, of justice and political order, which the world ever saw. The man who dares knowingly violate its provisions merits the punishment that followed the sacrilegious touch of David's servant to the ark of the covenant—instant death. In the midst of a fierce conflict with traitors who set at nought its binding force, let us beware lest in our zeal to punish them we be not guilty of an equal crime!
We yield, then, to no one in our devotion to the Constitution. We will not allow that any one goes before us in reverence for it. But we are of those who think that the time has come, in the providence of God, for an amendment to its provisions.
Indeed, the Constitution derives not the least portion of its claim upon our tender regard from the fact that it recognizes the eternal law of progress; and, while establishing a government whose stability should be as enduring as the principles upon which it is based, does not assume to declare that it has exhausted the possibilities of the future. Guarding against any and every impulse of popular passion, it nevertheless leaves scope for the necessary changes of time and circumstance, which may make the politic statesmanship of one period the exploded fallacy of the next. For of the science of politics it may be said, as in the glowing eulogy of Macaulay upon the philosophy of Bacon: 'It is a philosophy which never rests, which has never attained its end, which is never perfect. Its law is progress. A point which yesterday was invisible is its goal to-day, and will be its starting-post to-morrow.' Political science, indeed, is only another one of those 'illustrations of universal progress,' which the genius of Herbert Spenser has made familiar to our literature. And therefore it is that we cannot too much admire the sagacity of the patriots who framed our Constitution. It was a sagacity drawing its inspiration from all history, which taught, and teaches, that if progress is attempted to be checked, it will find vent in volcanic revolution. Reformation is the watchword of history: anarchy and destruction the fate of those nations which heed it not.
Thus it was that the principle of amendment found its way into the Constitution of the United States—a principle so just that by it we are enabled in these bitter days to faithfully withstand the usurpation that seeks to justify itself by appealing to the right of revolution. For in the principle of amendment (as has heretofore been stated in this magazine) the right of revolution was at the same time recognized and exalted; and by it a means of war was made a means of peace, and so revolution was sought to be forestalled. Nothing but despotism itself would have disregarded this humane provision of the Constitution, and sought a remedy for alleged grievances that is only justified by despotism.