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The Continental Monthly, Vol. 1, No. 6, June, 1862
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Страница 2 из 68Slavery has now come to be a mighty energy of disquietude all over the country, assuming colossal proportions of mischief, and mocking all the ordinary restraints of law. The question of the present day to be decided is not whether freedom and slavery shall exist side by side, nor whether slavery shall be tolerated as a necessary evil; but in reality, whether freedom shall be crushed under the iron hoof of slavery, and this institution shall obtain the complete control of the country. It has been said that the Constitution takes the position of complete indifference to slavery; but the history of the slave States does not lead us to infer that they were ever willing that slavery should be tested by its own merits, or stand without the most persistent efforts to secure for it the patronage of the Federal Government. Study the progress of slavery, the last forty years, and none can fail to see that it has ever aimed to secure first the supreme political control, and then to advance its own selfish interests, at the expense of free institutions. The great danger has always been, that while numerically vastly inferior to the North, slavery has always been an unit, with a single eye to its own aggrandizement; consequently, the history of the country will show that so far from the general policy of the government being adverse to slavery, that policy has been almost exclusively upon the side of slaveholders. The domestic institution has been ever the pet interest of the land.
In all that pertains to political power, the slaveholding interests have been in the ascendant. Even when Lincoln was elected, it was found that the Senate and House of Representatives, as well as the Judiciary, were numerically upon the side of slavery, so that he could not, even had it been his wish, carry out any measure inimical to the South. True, the South had not the same power as under Buchanan; they could not hope ever again to wield the resources of government to secure the ascendency of slavery in Kansas; but for all that, Lincoln was powerless to encroach upon their supposed rights, even if thus disposed. Is it not, then, evident, that so far from the slaveholding States holding to the opinions of the framers of the Constitution, there has been within the last forty years a mighty change going on in the South, giving to slavery an essentially aggressive policy, and an extension never dreamed of by the authors of the Constitution? The ground of the Constitution respecting slavery, was simply non-interference in the States where it already existed. It left slavery to be curtailed, or done away with by the local legislature, but it used language the most guarded, to preclude the idea that slavery rested upon natural right, and that slaves, like other property, could be carried into the territories. It has been said, that the position of the Constitution is that of absolute indifference, both to freedom and slavery; that it advocated neither, but was bound to protect both. But how could the Constitution be indifferent to the very end for which it was made? Was not its great design to secure the liberty of the country, and promote its highest welfare? The Constitution simply tolerated the existence of slavery, and no more. As union was impossible without the provision for the rendition of persons held to labor, escaping from one state into another, it simply accommodated itself to an evil that was thought would be restricted, and in due process of time done away with in the slave States. To strain this provision to mean that it advocated the natural right of slavery, and recognized the slave as property, to be sold and bought like other merchandise, is simply to say that the framers of the Constitution were the greatest hypocrites in the world, originating the Declaration of Independence upon the basis of the natural right of all men to life, liberty, and the pursuit of happiness, and yet with full knowledge and purpose giving the lie to this instrument in the Constitution. Madison thought it wrong to admit in the Constitution the idea of property in man. The word 'service' was substituted for 'servitude,' simply because this last encouraged the idea of property.
The constitutional provision for the rendition of slaves was simply a compromise between union and slavery. Of the two evils of no union, or no slavery, it was thought the former was the worse, and consequently the free States fell in with the measure. But could the patriots of the Revolution have foreseen the gigantic growth of slavery, and the use that would have been made of the provision recognizing it, no consideration would have induced them to adopt a course that has been prolific of so much misrepresentation and mischief to the country. They left the suppression of slavery to the States where it existed, but there was no intention to ingraft the idea of property in man in the Constitution, or to favor its extension beyond the original slave States in any way. John Jay, the first Chief-Justice, was preëminently qualified to judge respecting this. We have his testimony most explicitly denying the natural right of property in slaves, and declaring that the Constitution did not recognize the equity of its extension in the new States or Territories. Who was there more conversant with the genius of our country than Washington; and yet how full is his testimony to the evil of slavery; its want of natural right to support it, and the necessity of its speedy suppression and abolition? Is it possible that he, himself a slaveholder and an emancipationist, could utter such sentiments and enforce them by his example, if he regarded the Constitution as establishing the light of property in man, and the benefit of the indefinite expansion of slavery over the country? No, indeed! If we may consider the Constitution in relation to slaves an inconsistent instrument, we can not prove it an hypocritical and dishonest one. The hard necessities of the times wrung out of reluctant patriots the admission of the rendition of slaves, but they would not by any reasonable construction of language, assert the natural right of property in slaves, and the propriety or benefit of its toleration in new States and Territories. It was bad enough to tolerate this evil in the old slave States, but it would be infamous to hand down to posterity a Constitution denying the self-evident truths of the Declaration of Independence. Toleration is not synonymous with approval, or existence with right. There is a most subtle error in the assumption of the indifference of the Constitution to freedom and slavery—that it advocated neither, but protected both. Certainly the framers of the Constitution were not automatons, or this instrument the accident of the throw of the dice-box. The great purpose of this instrument was to raise the revenue, and defend the country. Its end was to protect the liberties and command the respect of civilized nations. The old Confederation was to give way to the Federal Constitution. The independence of the United States had been achieved at a heavy cost. To say nothing of frontiers exposed, country ravaged, towns burnt, commerce nearly ruined, the derangement of finances—the pecuniary loss alone amounted to one hundred and seventy million dollars, two thirds of which had been expended by Congress, the balance by individual States. The design of the Constitution was to preserve the fruits of the Revolution, to respect State sovereignty, and yet secure a powerful and efficient Union; to have a central government, and yet not infringe upon the local rights of the States. It will, therefore, be seen that while the subject of slavery was earnestly discussed, and presented at the outset a great obstacle to the union of the States, yet it was thought, upon the whole, best to leave to the slave States the business of doing away with this great evil in such a manner as in their judgment might best conduce to their own security and the preservation of the Union.
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The great danger has always been, that while numerically vastly inferior to the North, slavery has always been an unit, with a single eye to its own aggrandizement; consequently, the history of the country will show that so far from the general policy of the government being adverse to slavery, that policy has been almost exclusively upon the side of slaveholders. The domestic institution has been ever the pet interest of the land."},{"id":"content0:10","kind":"paragraph","text":"In all that pertains to political power, the slaveholding interests have been in the ascendant. Even when Lincoln was elected, it was found that the Senate and House of Representatives, as well as the Judiciary, were numerically upon the side of slavery, so that he could not, even had it been his wish, carry out any measure inimical to the South. 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It has been said, that the position of the Constitution is that of absolute indifference, both to freedom and slavery; that it advocated neither, but was bound to protect both. But how could the Constitution be indifferent to the very end for which it was made? Was not its great design to secure the liberty of the country, and promote its highest welfare? The Constitution simply tolerated the existence of slavery, and no more. As union was impossible without the provision for the rendition of persons held to labor, escaping from one state into another, it simply accommodated itself to an evil that was thought would be restricted, and in due process of time done away with in the slave States. To strain this provision to mean that it advocated the natural right of slavery, and recognized the slave as property, to be sold and bought like other merchandise, is simply to say that the framers of the Constitution were the greatest hypocrites in the world, originating the Declaration of Independence upon the basis of the natural right of all men to life, liberty, and the pursuit of happiness, and yet with full knowledge and purpose giving the lie to this instrument in the Constitution. Madison thought it wrong to admit in the Constitution the idea of property in man. The word 'service' was substituted for 'servitude,' simply because this last encouraged the idea of property."},{"id":"content0:11","kind":"paragraph","text":"The constitutional provision for the rendition of slaves was simply a compromise between union and slavery. Of the two evils of no union, or no slavery, it was thought the former was the worse, and consequently the free States fell in with the measure. But could the patriots of the Revolution have foreseen the gigantic growth of slavery, and the use that would have been made of the provision recognizing it, no consideration would have induced them to adopt a course that has been prolific of so much misrepresentation and mischief to the country. They left the suppression of slavery to the States where it existed, but there was no intention to ingraft the idea of property in man in the Constitution, or to favor its extension beyond the original slave States in any way. John Jay, the first Chief-Justice, was preëminently qualified to judge respecting this. We have his testimony most explicitly denying the natural right of property in slaves, and declaring that the Constitution did not recognize the equity of its extension in the new States or Territories. Who was there more conversant with the genius of our country than Washington; and yet how full is his testimony to the evil of slavery; its want of natural right to support it, and the necessity of its speedy suppression and abolition? Is it possible that he, himself a slaveholder and an emancipationist, could utter such sentiments and enforce them by his example, if he regarded the Constitution as establishing the light of property in man, and the benefit of the indefinite expansion of slavery over the country? No, indeed! If we may consider the Constitution in relation to slaves an inconsistent instrument, we can not prove it an hypocritical and dishonest one. The hard necessities of the times wrung out of reluctant patriots the admission of the rendition of slaves, but they would not by any reasonable construction of language, assert the natural right of property in slaves, and the propriety or benefit of its toleration in new States and Territories. It was bad enough to tolerate this evil in the old slave States, but it would be infamous to hand down to posterity a Constitution denying the self-evident truths of the Declaration of Independence. Toleration is not synonymous with approval, or existence with right. There is a most subtle error in the assumption of the indifference of the Constitution to freedom and slavery—that it advocated neither, but protected both. Certainly the framers of the Constitution were not automatons, or this instrument the accident of the throw of the dice-box. The great purpose of this instrument was to raise the revenue, and defend the country. Its end was to protect the liberties and command the respect of civilized nations. The old Confederation was to give way to the Federal Constitution. The independence of the United States had been achieved at a heavy cost. To say nothing of frontiers exposed, country ravaged, towns burnt, commerce nearly ruined, the derangement of finances—the pecuniary loss alone amounted to one hundred and seventy million dollars, two thirds of which had been expended by Congress, the balance by individual States. The design of the Constitution was to preserve the fruits of the Revolution, to respect State sovereignty, and yet secure a powerful and efficient Union; to have a central government, and yet not infringe upon the local rights of the States. It will, therefore, be seen that while the subject of slavery was earnestly discussed, and presented at the outset a great obstacle to the union of the States, yet it was thought, upon the whole, best to leave to the slave States the business of doing away with this great evil in such a manner as in their judgment might best conduce to their own security and the preservation of the Union."}],"toc":[{"id":"content0:0:1","label":"Various The Continental Monthly, Vol. 1, No. 6, June, 1862 / Devoted To Literature and National Policy","page":1,"pageUrl":"/books/0UjKNYkL#reader-content"},{"id":"content0:1:1","label":"THE CONSTITUTION AND SLAVERY","page":1,"pageUrl":"/books/0UjKNYkL#reader-content"},{"id":"content1:0:4","label":"A STORY OF MEXICAN LIFE","page":4,"pageUrl":"/books/0UjKNYkL?page=4#reader-content"},{"id":"content1:1:4","label":"VIII","page":4,"pageUrl":"/books/0UjKNYkL?page=4#reader-content"},{"id":"content2:0:6","label":"IX","page":6,"pageUrl":"/books/0UjKNYkL?page=6#reader-content"},{"id":"content2:33:7","label":"X","page":7,"pageUrl":"/books/0UjKNYkL?page=7#reader-content"},{"id":"content3:0:9","label":"XI","page":9,"pageUrl":"/books/0UjKNYkL?page=9#reader-content"},{"id":"content3:33:10","label":"XII","page":10,"pageUrl":"/books/0UjKNYkL?page=10#reader-content"},{"id":"content4:0:11","label":"XIII","page":11,"pageUrl":"/books/0UjKNYkL?page=11#reader-content"},{"id":"content5:0:13","label":"XIV","page":13,"pageUrl":"/books/0UjKNYkL?page=13#reader-content"},{"id":"content6:0:14","label":"THE RED, WHITE, AND BLUE","page":14,"pageUrl":"/books/0UjKNYkL?page=14#reader-content"},{"id":"content6:2:15","label":"MACCARONI AND CANVAS","page":15,"pageUrl":"/books/0UjKNYkL?page=15#reader-content"},{"id":"content6:3:15","label":"IV. THE FAIR AT GROTTO FERRATA","page":15,"pageUrl":"/books/0UjKNYkL?page=15#reader-content"},{"id":"content7:0:18","label":"THE TOMBOLA","page":18,"pageUrl":"/books/0UjKNYkL?page=18#reader-content"},{"id":"content8:0:20","label":"EN AVANT!","page":20,"pageUrl":"/books/0UjKNYkL?page=20#reader-content"},{"id":"content8:2:20","label":"DESPERATION AND COLONIZATION","page":20,"pageUrl":"/books/0UjKNYkL?page=20#reader-content"},{"id":"content9:0:23","label":"THE EDUCATION TO BE","page":23,"pageUrl":"/books/0UjKNYkL?page=23#reader-content"},{"id":"content9:1:23","label":"II","page":23,"pageUrl":"/books/0UjKNYkL?page=23#reader-content"},{"id":"content10:0:31","label":"TRAVEL-PICTURES","page":31,"pageUrl":"/books/0UjKNYkL?page=31#reader-content"},{"id":"content10:1:31","label":"A QUIET COURT IN PARIS","page":31,"pageUrl":"/books/0UjKNYkL?page=31#reader-content"},{"id":"content11:0:32","label":"THE COUNTRY OF EUGENE ARAM","page":32,"pageUrl":"/books/0UjKNYkL?page=32#reader-content"},{"id":"content11:2:33","label":"THE GREAT ST. BERNARD","page":33,"pageUrl":"/books/0UjKNYkL?page=33#reader-content"},{"id":"content12:0:34","label":"THE HUGUENOTS OF STATEN ISLAND","page":34,"pageUrl":"/books/0UjKNYkL?page=34#reader-content"},{"id":"content13:0:37","label":"RECOLLECTIONS OF WASHINGTON IRVING. BY ONE OF HIS FRIENDS","page":37,"pageUrl":"/books/0UjKNYkL?page=37#reader-content"},{"id":"content14:0:44","label":"BYRONIC MISANTHROPY","page":44,"pageUrl":"/books/0UjKNYkL?page=44#reader-content"},{"id":"content14:2:44","label":"NEW-ENGLAND'S ADVANCE","page":44,"pageUrl":"/books/0UjKNYkL?page=44#reader-content"},{"id":"content14:4:44","label":"WAS HE SUCCESSFUL?","page":44,"pageUrl":"/books/0UjKNYkL?page=44#reader-content"},{"id":"content14:7:45","label":"CHAPTER I","page":45,"pageUrl":"/books/0UjKNYkL?page=45#reader-content"},{"id":"content15:0:47","label":"CHAPTER II","page":47,"pageUrl":"/books/0UjKNYkL?page=47#reader-content"},{"id":"content16:0:49","label":"MONROE TO FARRAGUT","page":49,"pageUrl":"/books/0UjKNYkL?page=49#reader-content"},{"id":"content16:2:49","label":"AMONG THE PINES","page":49,"pageUrl":"/books/0UjKNYkL?page=49#reader-content"},{"id":"content17:0:56","label":"PICAYUNE BUTLER","page":56,"pageUrl":"/books/0UjKNYkL?page=56#reader-content"},{"id":"content17:2:56","label":"LITERARY NOTICES","page":56,"pageUrl":"/books/0UjKNYkL?page=56#reader-content"},{"id":"content18:0:58","label":"EDITOR'S TABLE","page":58,"pageUrl":"/books/0UjKNYkL?page=58#reader-content"},{"id":"content19:0:59","label":"KYNG COTEN","page":59,"pageUrl":"/books/0UjKNYkL?page=59#reader-content"},{"id":"content19:1:59","label":"A 'DARK' CONCEIT","page":59,"pageUrl":"/books/0UjKNYkL?page=59#reader-content"},{"id":"content19:2:59","label":"(Being an ensample of a longe poeme.)","page":59,"pageUrl":"/books/0UjKNYkL?page=59#reader-content"},{"id":"content19:6:60","label":"EGYPT IN TWENTY-FOUR HOURS","page":60,"pageUrl":"/books/0UjKNYkL?page=60#reader-content"},{"id":"content19:7:60","label":"BY A FAST TRAVELER","page":60,"pageUrl":"/books/0UjKNYkL?page=60#reader-content"},{"id":"content19:40:63","label":"THE KANSAS JOHN BROWN SONG","page":63,"pageUrl":"/books/0UjKNYkL?page=63#reader-content"},{"id":"content20:0:64","label":"A SONG OF THE PRESENT","page":64,"pageUrl":"/books/0UjKNYkL?page=64#reader-content"},{"id":"content20:1:64","label":"BY EDWARD S. 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Three Dollars a year, IN ADVANCE.– Postage paid, by the Publisher","page":68,"pageUrl":"/books/0UjKNYkL?page=68#reader-content"},{"id":"content21:82:68","label":"J. R. GILMORE, 532 Broadway, New-York,","page":68,"pageUrl":"/books/0UjKNYkL?page=68#reader-content"},{"id":"content21:83:68","label":"and 110 Tremont Street, Boston","page":68,"pageUrl":"/books/0UjKNYkL?page=68#reader-content"},{"id":"content21:84:68","label":"CHARLES T. 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