Continental Monthly, Vol. I, No. VI, June, 1862 eBook

This eBook from the Gutenberg Project consists of approximately 306 pages of information about Continental Monthly, Vol. I, No. VI, June, 1862.

Continental Monthly, Vol. I, No. VI, June, 1862 eBook

This eBook from the Gutenberg Project consists of approximately 306 pages of information about Continental Monthly, Vol. I, No. VI, June, 1862.

The history of our country reveals two memorable cases where the question was decided that not the State, but the Federal Government was to be its own judge of what was constitutional, and act accordingly.  First, the case of New-York; secondly, the course taken by Massachusetts in relation to the Embargo law of 1807, which was believed to be unconstitutional generally in New-England.  In the case of New-York, there was, as has been said, the surrender of any right to secede from the Union at her pleasure; while in the Embargo law of 1807, which was brought up to the Supreme Court for decision, there was the acquiescence of New-England upon the simple point, who should be the final arbiter in the dispute.  Massachusetts and all New-England assented to a decision of the Judiciary, not upon the ground that it was right, but that the Supreme Court had alone the authority to say what was right.

In this case there was a perfect refutation of the whole theory of secession; that theory falls back upon the idea that the State government is to be its own judge of what constitutes a violation of the Constitution, and act accordingly; but the Embargo law of 1807, when carried up to the Supreme bench, and the way New-England assented to a decision that was not believed to be in accordance with the Constitution, is a signal rebuke of the assumption of State sovereignty when arrayed against the General Government.  The all-important question was not, Was the decision of the Judiciary right, but simply, Who had the authority to say what was right?  Who should submit to that authority?  No person can fail to see in these two cases, under circumstances so widely different, and with an end proposed in each directly the reverse of the other, that the point so important to establish was clearly made out, that the National Government reserves to itself alone the right to decide as to what should be the course taken in questions of dispute that arise between the States and the Federal authority.

It is mournful to see the finest country on the earth—­a land peculiarly blessed with every element of material wealth, a land that has grown like a giant, and commanded the respect of the world—­now in her central government made an object of contempt, and crippled in her strength by those very States who should, upon the principle of gratitude for favors granted, have been the last to leave the Union.  While the Government at Washington has shown the utmost forbearance, they have manifested the greatest insolence, as well as disregard of the most sacred rights of the Union.  An Absalom the most willful and impetuous of his father’s family, and yet the most caressed and indulged, requites every debt of parental kindness by seeking through treachery and the prostitution of all his privileges to raise an insurrection in the household of David, and turn away through craft the hearts of the people from their rightful lord.  So like Absalom, South-Carolina first unfurls the banner of treason and war among the sister States, desperately resolved to secure her selfish aggrandizement even at the price of the ruin of the country, but like Absalom, also, she is destined to experience a reverse as ignominious and as fatal.

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Continental Monthly, Vol. I, No. VI, June, 1862 from Project Gutenberg. Public domain.