Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-10-08
"A CRUCIAL TEST

| weekly number Of the New York Independent, an
able political paper of the Congregational Church
"The National Integencer steadastly argues in favor
Of the retention Of slavery in the United States 1t is op
posed to the enlistment OF negro troops IN Maryland OF
elsewhere 1t desires the restitution OF Louisiana as
Slave State. 1t desires that the proclamation of emanc
patton should be considered and should
De made imperative 1t 10 favor of the conservative
Government Of Missouri And 80 forth. Now, without
at this time discussing technicates forms, touch
the ethical heart of the question by nterrogatoy Is
the National Intesence glad that slavery in the United
States seems likely to be destroyed Or is it sorryf"
AS the Independent is the same paper which a
week or two ago represented the National Intelli-
genoer as "striving to keep life in the inhuman
system of Southern slavery" because, as was af-
frmed, we "industriously occupied ourselves in
lauding the beauties of an amnesty and Of magma
nimity and kindness to white men," when, in fact,
the only single reference VIC had ever made to an
amnesty" was to express the belief that the time
had not come for its PRONUNCIATION, we should per-
haps, in simple selfrespect, excuse ourselves from
responding to political journal which is not yet far
enough advanced in ethics to be aware that there is
. commandment which says Thou shalt not bear
false witness against thy neighbor." But, waving
rejoinder of this kind, have simply to say that
the Independent has read our columns to very
little purpose if it finds any such crucial test it
indicates necessary in our case to touch "the
ethical heart of the question it propounds No
later than the 18th ultimo we said
ave certainly wish that all men could be free just
sincerely wish that all might be made free
indeed by partaking of the spirit of Him who into
the world To seek and to that which lost But
would not wish wage for the purpose of making
Chrstans and just little in for the Con-
sitution and the Unon-a which is lawful and right
only far it is for the Constitution and the
Union-are willing to bring upon ourselves ths guilt
of murder by waeng war for what as we conceive both
political and moral duty we have right to wage
war-the emancipation of slaves.
In the same number of the independent con-
tanning the "interrogatory" addressed to this pa
per we find the following selection quoted from
Montesquieu's Spirit Of Laos:
an governments that ls in societies directed by laws
liberty consist only in the power of doing what
ought to ,oiu and in not being constrained to do what
ought not to will
1--WE must have continually present to our minds the
difference between Independence and liberty Liberty is
right of doing whatever the laws permit and if ct
could do what they forbid he would be no longer pos
sessed OF liberty because all his fellow would have
the same power"
The same great primary truth in political ethics
and practical government is forcibly inculcated by
DR.. FRANCIS LIEBER, an authority which the In
dependent will not be slow to acknowledge, when,
in his excellent treatise on Civil Liberty, he says:
1t sometimes happens that arbitrary power central
ism recommends relf to popular favor by showing that it
intends to substitute democratic equality for Ogarchc
oppressive unjust institutions aud the liberal principle
may to be on the side Of the dwelling ruler. Ths
doubtless the case when in the sixteenth and seven
eenth century the power OF the made itself indr
pendent the continent of Europe Instead of transform
ing the institutions of substituting ones, the Gov.
ernments eveled them to the ground and that unhappy
| Capitalization was the consequence which draws
every attempt at liberty back into it's vortex At other
times Nonarchs Governments disguise their plans to
destroy liberty in the garb of liberty itself Thus James
III endeavorei to break through the restraints Of the Con-
sttutop perhaps ultimately to establish the Catho
religion 10 England, by procaimng liberty OF conscience
for all against the established Church Austria at on
time urged apparently liberal for the peasants
against the Gacan mobiles In such cases. Governments
alpays 10 find persons that do look
beyond the single measure nor to the means by oheh IS
carried out; get The legality and eonsttutionaty Of these
Of great and frequently Of greater Importance
than the itsD Even historians are frequently
capiVated by the apparently liberal character Of single
measure forgetting that the Of institutional Gov
eminent beng broken through the whole country
may be flooded By irresistible tide Of arbitrary
power We have parallel in the criminal trial, in which
the question how arrive az the truth is of equal i'm
portanc. with the object of arriving at truth Nuium
bonum nisi bsne'
This is our doctrine. Nullum bonup nist bsne
We are very far, in any thing that we say about
" the enlistment Of negro. troops in Maryland
the " Proclamation of Freedom" or the I" Conserva
tive Government Of Missouri" from wishing tc
" keep life in the inhuman system of Southern sla
very" But we say what we say about these mea
sures because we wish :" to keep life" in the Con
stitution and Laws which make Us free and or
ganized people, and because We do not forget that
when the "dykes Of an institutional Government
are once broken through, the whole country may
soon be flooded by an irresistible tide Of arbi
trary power" We think, with Montesquieu, a.
quoted by our contemporary, that "berty car
consist only in the power of doing what we ough
to ,ciUs" and, in the sphere Of civil action, the
good citizen should not will to do any thing which
he believes in his conscience to be contrary to tn,
Constitution and Laws, as well as injurious to tn,
moral and material interests Of the State. W.
think with DR.. Leber that when " arbitrary powe
centralism recommends itself to popular favor b,
showing that it intends to substitute democratic
equality for oligarcbc or oppressive unjust institu
tious," the legality and constitutionality Of tn,
means by which any liberaizing measure is to b
carried out fare Of great, and frequently Of greater
importance than the measure ITSELF" notwithstand
ING the fact as he truly saws that q in sucb case