Year: 1861

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ConstitutaonaI obligations.


The present attitude Of our Government is,
that the Union, legally and constitutiOnally, is
unbro ken-that the Constitution of the United
States is still equally binding in every State
and that TO enforce this principle all the power of
the Federal authorities should be exercised. In
support of this theory armies are being raised,
military preparations made, and the voice of the
people Is heard in trumpet tones, demanding that
the constitutional provision shall be enforced
over the entire country-that portion which has
declared its INDEPENDENCE, as well as that which
still acknowledges the authority of the Govern
ment at Washington.


A part of this zeal in behalf of constitutional
obligations is genuine; part, also, We fear, i'm
aginary or insincere. Ii is difficult to give full
credit to the extraordinary professions of love for
the Union and the Constitution, by those who for
years have been at best but nominal supporters of
the one, and habitual reviers and volators of the
other But if their present pretensions are sim
cere, and their apparent reverence not sham,
they will consistently yield obedience to all its
provisions, and give no countenance to the
schemes entertained by some at the present time,
of overrunning the Southern States for the pur-
pose Of creating negro Instructions, and of
Changing the present relation of master and slave
If the Constitution is binding upon the Southern
States, who are Elade traitors and rebels by de
nying its authority is it not binding alsS upon the
Northern States, which claim the right to reduce
the seceders to obedience to its provisions,


1t is painful to hear the language held in quar-
tiers ordinarily entitled to respect and cOnsidera
ton, of encouragement to the most iagitiOus dis
regard of all constitutional authority, as well as
the planest laws Of humanity, in the prosecution
of the war between the sections Primarily pro-
duced by the slavery question, with which too
many Northern men have seemed to consider It a
duty to interfere, to the extent of violating the
common courtesy due from the people of one State
to those of the other States, if not positively to
the point of direct violation of the constitutions
al rights of the slave States, there seems to be
disposition, now that the people of the North have
patriotically unite1 in defense Of their flag not
withstsnding that many Of them believed the
South had been injured and oppressed, to take ad
vantage of the war thus inaugurated, in order tC
overthrow the domestic institutions OF the State
in rebellion, and compel them to return not only
against their will to a government which they de
test, but to signalize such return by the utmos
humiliation, and a sacrifice Of their social and do
mestic institutions.


There ia reason to believe that however il ma,
be concealed under the guise of patriotism, tn
true sentiment with many now is, that the wa
should be made the means of accomplishing wha
has all along been their open secret wish, viz.
the abolition of slavery in the States. Denies
the power interfere with the subject in the plain
est constitutional provisions, the antagonism h
slavery has been hitherto carried on by priyat
raids and secret erasssres, supported BY the fund
and couDtenanced by the approval of many VIII
dare not claim the constitutional right to meddl
with the institution in the States, but whose mora
perceptions do not revolt at doing procuring t
be done clandestinely, what their outward shol
ofrsspect for the Constitution forbade them to d
publicly and as of right. Now that these viola
lions of right and of neighborly courtesy have
along with other causes, produced resort to arms
the same disturbers of national unity see in thi
war the occasion for giving the death blow t
slavery, and openly avow the purpose to make
war of devastation and destruction to the pc
cuniary and social interests of the slave State.
They declare tina. it shall carry with it freedoI
10 the slave in every State invaded by our army
thus adding to the usual evils of war. the socis
degradation and domestic misery which must fo
low the sudden emancipation of the African rae,
1t matters not that such policy involves
s.trampling under foot of the Constitution of th
United States" 1t matters not that it reverse
the pretended principle for which the war is III
dertaken-the vindication of the Constitution an
of its rightful supremacy in all parts of the Unol
The end, with many ardent advocates of negi
emancipation, justfes the means, and they
not scruple to propose its Accomplishment throug
the violation of the fundamental chart of govern
ment, whose majesty the war is ostensbly desigT
ed to preserve.


The seeding States by their action have place
themselves beyond the power to make any claim
under the Constitution or to demand of the Co
ernment Of the United States anything whateve
except either a recognition of their independence
or that the war shall be carried on in accordant
with the code of civilized nations. RepudIatir
all allegiance to the Constitution, and denyiu
that it is in any manner binding upon their cit
zens, they can set up no claim to its strict o
servance. With US, however, the case Is diffe
ent. The Administration holds that the COnsi
tuition is Of binding force, not only upon the az
herring, but Gpon the seeded States; and TIN
holding it would be, to say the least, illOgica
to attempt the justification of policy which i
wolves direct and pslpable disregard of cons
tutional provisions.


1t may be said that the Southern States are
rebellion, and therefore in dealing with them
rebels against the Government, we are not boul
to observe as applicable to them, the forms
the Constitution which they have rejected. ]
what extent this reasoning may be received !
those learned in questions Of this character,
are not prepared to Judge; but since the avow
purpose of the Government is to reduce d
South to obedience TO the Constitution, and
compel them TO resume their position in q
Union subject to its provisions, it may be W,
asked how this is to be done, if in the mean tin
such action has been taken absolutely to pI
vent them from enjoying the rights guaranteed
them by that instrument, and by them deem
essential to their interests their domestic comfc
and happiness. If slavery shall have been
stroyed, and four millions of blacks set free
the arbitrary hand of power, how can offer
the Southern States their original position in t
Union7 And shall they be forced to accept a T
sition different from that guaranteed to eve
State, with the Institutions existing among thu
when they became parties to the original UniC
and accepted the Constitution as the law for th'
and for us7


These are ques esiSils-of deep import to all 81
porters of constitutional government. -snd
serve to be well considered before accepting
policy which forever destroys the power to. recC
struct the Union upon its original 6asis---Nep p
posely omit in this article the great question


specting the effec. upon the social condition
the country-upon both the white and the A
can race-of the emancipation of the slaves
the Southern States. That is a topic of fear
importance. and may at no distant day deman
thorough sx smination.-N. Y. Jour. Of COrnme'