The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-11-26


might against the broad construction which |
certain political teachers seem disposed 10
put upon the second clause Of the Constitu-
tional Amendment That act. il viii be re-
membered, mas i've clauses ons Of which
declares that neither slavery nor in4olun-
tary serTitude, except as a Punishment Tor
crime whereof the party shall have BEEN
duly convicted, shall exist within the
United States, or any place subject to their
jurisdictions" and the other empowers Con
gress tOenforcs this article BY appropriate
legislation" Under the Judicial decisions
there can be 10 doubt that Congress would
have had this power without an express
grant, but to meet the possible objections OF
these siicklers for strict construction who
VIII see nothing in the orgsnie law smaller
than house or less bright than sunbeam,
this grant was put in 50 many words
What Inappropriate lvgislati9n" means
can scarcely admit Of a doubt. It means
such ieeisla.ion as may be found necessary
and proper 70 secure the actual freedom
Of all men under the Laws. II anybody
should undertake 70 extort labor from q late
slaye, 10 reduce him 70 condition Of peo-
mage, or even Of enforced apprenticeship, or
70 Withhold his proper wages according 10
the contract OF custom, or even 10 deluds or
debauch him into seemingly voluntary
relinquisbment Of his right to dispose Of his
own person and industry, and there should
be no redress under state laws for these Of
fences, Congress may step in 10 provide the
proper remedies. In most Of the States
such offences are punishable under the ei
isting laws, but not in the slave S ates; and
in the event thst the legislatures Of these
States do not, under the new order Of thingsi
esiab'ish the new legal relations, Congress
may take It in hand. The Amendment
means that the emancip ton declared shail
be a real ard effective deed, not a nominal
or transient one, which any State may de-
feat by some ostensible compliance, some
trickery Of Language or Interpretation; and
Congress is ordered 10 see to this.
But when the Tribune aud other journals
argue that this precise and well considered,
though ample grant Of power, works com
plets revolution in the theory snd practice
Of our institutions, We stand aghast at the
audaciiy. This Constitutional Amendment
has been bantling Of ours from the begin
ningswe have rocked IL, and nursed il, and
christsned il; and we are not likely TO fail
in affection for IT, now thst it has en-
tered the world with some degree Of honor
and welcome; but We should curse the day
in which il was conceived, if we could sup
pose that It was going, as the Tribune says,
70 change the Fundamental character Of
our political structure. Listen 20 tn It Jour-
nal
'rThe Constitutional Amendment aims a,
the absolu e, unconditional abolition Of sa-
very throughout The United States bat it
does not stop here. Hitherto the personal
liberty and civil rights Of each citizen were
held and enjoyed Under the protection Of
the States respectively; hereafter they are
to be upheld aud guarded by the nation. "
Vow, this we say would be a complete.
radical, disastrous overturn Of our whole po-
litieal system, Of everything that is peculiar
- Ct, that is valuable in IL, that is vital to
its success. The orig 'nality and sminenee
Of the federal system Of government, de-
vised BY our fathers after the naturest and
wisest consideration Of the subject that had
ever been given 10 ii, and after the most
careful comparison Of the experiences Of AL
time. consisted in the nice balance il main
tanned between the Central aud local au-
| lhoriiies. II Disseminated 90 cautiously
between The powers that properly belonged
to the State, representing particular and
local community, ard the Union, represent.
ing all these communities together, that Il
has been able 70 function with an unpsrai
leled vigor and harmony. Slavery q oae,
hideous excrescenee and anomaly, wa
strangely permitted 10 continue, until i
tried to destroy their work. But othsrwis,
the system has been admirable in Us COM
plsteness and beauty. The states with tina
exception) protected snd defended the eivi
rights OF every individual the general gov
eminent hsrm3nized the States and con
tr..lled foreign relations and in she hnpp,
cooperation Of the two, society was led for
ward with degree Of freedom, prosperity
general comfort, intelligence aud Ordsr tha
has never been approached in the hisiOrJ o
civilization.
nov, are we to change this symmsttrica
ard beneacept pan, which combioes th'
most diHasiye self-goverlmcnt with nation
81 unity and strength, for one Of the o.,
world plans hundred times tried aud {
hundred times defeated. os mere nhtiona
Capitalization? But what form Of central
ization has ever been more complete, NOR,
despotie. than that which mskes all tn,
personal and civil rights Of community &,
depend upon single central authority
Igsvo the sbsclutists Of Europe, from th'
car 10 Louis Napoleon. any other theory o
government, or any other purpose, than
thisg To concentrate power, authority, con
troll. the initiation and the execution Of lava
in a single source, Is despotism, whether
that power be exercised by single man, q
single class, single representative assem-
bly,, or by a single government Of any sort
Indeed, a government Of that kind must
Of Necessity be a despousm. The power
which controls thirty, forty or fifty million'
Of men, in all the variety and complication
oftheir Interests, which attempts 10 over.
see aud guard the rights Of 20 immense .
multitude, must necessarily be an ensr
getic, condensed, coherent, arbitrary power
For nothing but force OF the most decided
percmptory kind can regulate so uuwieldy
a body from 8 single centre. Witness tn,
experiments 50 revolution in France
where, within century, there have beer
two dozen different dynasties or systems, al
ending in despotism, because all began in
eeuiralism, ir1m vbich uo one ever de-
parted. should we DO better under th,
same congestive principles and methods!
Not Al ali; but we should only rush with
the same fatality to the same fatal bourne.
This view Of things we have thought 81
elementary, the necessity and uses Of the
thorough dispersion Ar distribution Of gov
ornamental functions We supposed 50 fully
demonstrated BY cur whole experience, that
NE are ashamed to dwell upon It. Yet what
arc We to say when q leading .iOurnal--on'
80 intelligent, able. well -intentioned as tn,
Tribuns-tatcs advantage Of a simple and
trial cause Of the ameudment-a clause
which is most matter Of course--io srgue
that this whole wonirous fabric Of govern
ment. this compact yet easy working CONF
biuatioa OF strength with liberiy-this
aloFious composite unity Of Independent
States. is transformed by eight 81 ten harm
less words into the old forms OF natioaalisIa
.hsi have 80 often iailedy Arc the very
rudimcuts Of our American politicel phi
losophy buried under the ruins OF lhe
war Have the thunders Of its cannon
driven the A b { Of political science out Of
our hfai,s has the excrrisc o. the prodi-
sious iorces il required already accustomed
rs 10 the ides OF concentrated snd irresi.ti-
BE powers War, - We know, is en- awful
exertion Of nations strength being a re-.
sori % force 20 determine issues that cannot