America To-day, Observations and Reflections by William Archer
page 98 of 172 (56%)
page 98 of 172 (56%)
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be barren discussions of constitutional law. They point out that the
States--that is, the thirteen original States--preceded the Federal Union, and voluntarily entered into it under clearly-defined conditions; that the Federal Government actually derived its powers from the consent of the States, and could have none which they did not confer upon it; that the maintenance of slavery in the Southern States, and the right to claim the extradition of fugitive slaves, were formally safeguarded in the Constitution; that it was in reliance upon these provisions that the Southern States consented to enter the Union; that the right of secession had been openly and repeatedly asserted by leading politicians and influential parties in several Northern States, and was therefore no novel and treasonable invention of the South; and, finally, that the right to enter into a compact implied the right to recede from it when its provisions were broken, or obviously on the point of being broken, by the other party or parties to the agreement. All this is logically and historically indisputable. The Southerners were the conservative party, and had the letter of the Constitution on their side; the Northerners were the reformers, the innovators. Entrenched in the theory of State Sovereignty, the South denied the right of the North, acting through the Central Government, to interfere with its "peculiar institution;" and even those who deplored the existence of slavery felt themselves none the less bound to assert and defend the right of their respective States to manage their own affairs.[I] It was a conflict as old as the Revolution--and even, in its germs, of still older date--between centripetal and centrifugal forces, between national and local patriotism. The makers of the Constitution had tried to hold the scales justly, but in their natural jealousy of a strong central power, they had allowed the balance to deflect unduly on the side of local independence. The North, the national majority, felt, obscurely and reluctantly, that a revision of the Constitution in the |
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