We are aware that this preamble has heretofore served as a basis for the stanchest conservatism, and wisely so. We are of those who have always contended that the 'blessings of liberty' are best secured by whatever tends most to strengthen the Union—the asylum and hope of liberty, without which liberty, disorganized and unprotected, were a vain show. We are of that opinion still, and therefore support the amendment, because we are for strengthening the Union and making it 'more perfect.' We have not changed: circumstances have changed. What was formerly conservatism is now radicalism, and radicalism is now the true conservatism. For the period is one of transition, a crisis period, when these two forces, to be of use, must be interfused, and thus become a combined power of reform.
So long as the cotton and slaveholding interest could be held in check and kept measurably subordinate to the supremacy of the Constitution, there was hope that eventually the steadily-increasing forces of free labor would overpower the gradually-decreasing forces of slave labor. It was believed that by the silent action of natural laws freedom would, in the long run, assert itself superior, and the ideal of our Government, universal freedom, would thus at last become a reality and fact. Such, we have been taught to believe, was the doctrine of the statesmanship of 1850. Such was the underlying argument of Webster's great 7th of March speech—the enduring monument of his unselfish patriotism, seeking only the good of his whole country. Such was his meaning when he declared that the condition of the territories was fixed by an 'irrepealable law,' needing no irritating legislation to assure their freedom.
Contrary to the hopes of our fathers, the slave system had prospered and grown strong—chiefly because of the impetus given to it by the growth of cotton, as was clearly shown by Webster in the speech just noted. We suppose no candid reader of our history will deny this point. But the system had no vital force within itself, and could not withstand those laws of nature and free emigration to which we have adverted. It sought protective legislation, and got it. Still, it was hampered by limitations, notwithstanding it had present control of the cotton growth. So the question of the slave trade was mooted. Thus it came to pass that within half a century after it had expired by limitation of the Constitution, that monstrous anomaly of the Christian era was sought to be revived. And so corrupt had public sentiment become that the slave trader captain of the yacht Wanderer could not be convicted by a jury of his countrymen of violating the ordinance of the nation against this traffic.[8] Will any one dare affirm that the tone of public feeling in the South on this subject was not higher and purer in the time of Jefferson than in the time of Buchanan? To what a depth of moral degradation the nation might have sunk under the thus retrogressive influences of ungodly Mammon, setting God and Christianity at total defiance, may not easily be conjectured. But that law of action and reaction which balances the powers of nature with such equal justice, holds good also in the world of mind; and in the providence of God the time of reaction came at last, and the temper of the nation reverted to its pristine purity. That time came when defiant Mammon waxed so bold as to threaten the nation's life. Under the protective statutes of Congress, jealously watching over the local institutions of States, slavery had grown to be a dominating power in the country; and, bound by legislation and compromise, and the strict letter of the Constitution, the people could only protest, and bide the inevitable issue of such arrogant domination.
Now no longer is slavery dominant. Its own hand has struck down the protecting shield of a quasi-constitutional guaranty, and all men feel that its condemnation is just. Now there is 'none so poor to do it reverence.' Why is this? It is the uniform course and consequence of sin. 'Because sentence against an evil work is not executed speedily, therefore the heart of the sons of men is fully set in them to do evil.' But God has spoken at last in a voice that we must heed. It is the voice of war, a voice of woe; the voice of civil war, the chief of woes. Slavery is now at our mercy. And mercy to it is to be measured by our humanity to man and our fear of God. 'The word is nigh thee, even in thy own mouth.' Servitudo delenda est: deleta est. Slavery is to be destroyed: it is already destroyed. Shall we permit it a chance to be revived? The way is opened to us, as it was not to our fathers, to remove the curse from our borders. We shall be false to every inspiration of patriotism if we now fail to remove it. The time has come to complete the unity of the Constitution, and make the ideal purpose of it, as stated in the preamble, a living fact. Shall we let the opportunity slip? Now, at last, we may ordain a Constitution by which 'a more perfect Union' shall 'secure the blessings of liberty to ourselves and our posterity.'
3. A third reason for the proposed amendment, not less cogent though more familiar to our political discussions than the two already named, is found in article fourth, section second, of the Constitution: 'Citizens of each State shall be entitled to all the privileges and immunities of citizens of the several States.' Everybody knows that this section of the Constitution has been heretofore practically a dead letter, albeit as fully a part of the supreme law as that other provision in the same section for the rendition of 'persons held to service.' So everybody knows equally well the reason of it. It was a concession to the fierce passions of slaveholding politics. From the very nature of the case there could not be the same toleration of speech and press in a Slave State which the men from a Slave State enjoyed in a Free State. It was incendiary. So for half a century there has been this virtual nullification of one of the justest compromises of the Constitution; and citizens of the United States have, within the limits of the United States, been tarred and feathered, and burnt, and hung, and subjected to indignities without number and without name. Nobody will probably be willing to say that such a state of things is worthy to be continued. The hope of peaceable relief has for long restrained the hands of a people educated to an abhorrence of war. We have submitted to a despotism less tolerant than the autocracy of Russia, or the absolutism of France—hoping, vainly hoping, for some change; willing to forego all things rather than dissever the Union, which we have held, and hold, to be foremost, because bearing the promise of all other political blessings; pardoning much to a legacy left the South for which it was not primarily responsible, and ready to second the humane care of a feeble race, and clinging to the hope of that better time to which all the signs pointed, when, by force of freedom, there could be no more slavery. The time has come, though sooner and under other circumstances (alas! far other circumstances) than we expected. We need now no longer give guaranties to the slaveholding interest. Taking advantage of such as it had, it has not hesitated to attack its sole benefactor, and now all our obligations are at an end. The Congress of the nation may and will take care that, secession being stifled, there shall not henceforth be a nullification of the least provision of the organic law, out of mistaken tenderness for the interest of any section. We have at last learned a nobler virtue than forbearance, and henceforth either the Constitution, in all its parts, is to be supreme, or else the nation must die. One or other of these things must result. Let him who can hesitate between them write himself down a traitor; for he is one. No patriot can hesitate. No lover of his country can falter in a time like this. And if three years of war have not taught a man that this is the alternative, that man does not deserve a country.
4. But there is a more emphatic expression of our fundamental law than any yet cited; which, if left to its proper working, as now it may be, strikes at the root of slavery. It is the fourth section of the fourth article of the Constitution. 'The United States shall guarantee to every State in this Union a republican form of government.'
The essence of republicanism is freedom. A republic that, like Sparta, permits the enslavement of any portion of its people, is surely not predicated upon the true idea of a republic; and it is worth while to consider that the ancient republics found their bane in slavery, and that the aristocratic republics of modern times, like Venice, have perished. Only those republics survive to-day which, like San Marino, have free institutions. A republic is a country where the whole people is the public, and the state the affair of the whole people. It is a public affair (as its name imports), a thing of the public; and this is not true of any other than a democracy. For the essential idea of such a government is expressed in the maxim: 'the greatest good to the greatest number;' and in that other maxim which is part of our Declaration of Independence, that 'government derives its just powers from the consent of the governed.' It needs no argument to show that these maxims are violated in a country where any portion of the people are deprived of their highest good—liberty. For what is the object of government? To protect men from oppression. And our republican doctrine is that this is best accomplished in a form of government which gives to the voice of all men the controlling power. 'The voice of the people is the voice of God,' because humanity is of God. The doctrine is that the state is made for the individual, not the individual for the state; just as our Saviour declared that 'the Sabbath was made for man, not man for the Sabbath.' These things being so (and it is not pretended that they are novel, for they are very trite), does it not immediately appear how essentially opposed is slavery to the idea of a republic? Therefore when the Constitution guarantees to every State a republican form of government, it guarantees to all the people of every State a voice in its control. And whatever State disfranchises any portion of its people violates this provision of the Constitution.
To the objection that, at the time of adopting the Constitution, all the States were Slave States, with a single exception, and therefore within the meaning of that instrument slavery and a republican form of government are not incongruous, there are two answers. First, it is matter of history that the framers of the Constitution acted throughout with reference to the eventual abolition of slavery; as has been already adverted to in this paper. Therefore such States as have retained their slave establishments have done so in violation of the spirit of this provision of the Constitution; while such States as have since been admitted into the Union with slave establishments have been admitted by compromises, equally in violation of that provision, but acquiesced in by the whole country, as the slave establishments of the original States had been, and therefore equally binding on our good faith. We are now no longer bound by any compromises. We have kept our plighted faith strictly and fairly, though the Slave States have not. Our duty now is to reconstruct, if we can, the fabric of the Union. If, in doing this, we abolish slavery entirely, which makes impossible the full realization of this guaranteeing clause, the guaranty will spring into new life and become a power in the law of the land. Secondly, what is meant by a republican form of government within the meaning of the Constitution must be determined by reference to the Declaration of Independence, which is the basis of our Government, and declares the principles of it. That Declaration was promulgated as embodying the doctrines of a new age—an age in which the rights of man should at last be maintained as against the rights of royalty and privilege. It is, therefore, the soundest rule of interpretation to refer the ambiguities of the organic law to the declaration that preceded and introduced it and made it possible. And so interpreting, will any one say that slavery is compatible with the principles of the Declaration of Independence?
In support, moreover, of the view here taken, may be cited the opinion of many of our statesmen, as expressed on the question of admitting new States into the Union: as, for instance, when Missouri applied for admission with a slave constitution. Nor is it competent to offset this with the opinion of such statesmen as have advocated the doctrine of the Virginia Resolutions of State sovereignty; for they notoriously disregarded the paramount supremacy of the Constitution. The conscientious doubt of others as to making the exclusion of slavery a condition precedent to admission into the Union, proves not the incorrectness of this position, but strengthens it, by showing that only a controlling love of the Union caused the doubt, which originated in a policy that would not even seem to do injustice to any State.
But whatever may be true as to the opinions of the fathers and early statesmen of the republic; whatever may be true as to the precise meaning of the term 'republican form of government' in the Constitution; surely, in the light of our rebellion, there cannot longer be a doubt as to the inherent antagonism of slavery to the principles of republican government. The Southern Confederacy sprang into existence as an oligarchy of slaveholders, willing (if need be) to live under a military despotism (as is the fact to-day, and will be hereafter if the world should witness the dire misfortune of its success), rather than submit to the searching scrutiny of republican ideas, with freedom of speech and press and person. And so it is that we recur to the simple fact of the Southern Confederacy for the vindication of the proposed amendment in all its bearings, finding in that fact the full warrant and justification of it.