Page:America Today, Observations and Reflections.djvu/137

From Wikisource
Jump to navigation Jump to search
This page has been validated.

THE CONSTITUTIONAL ARGUMENT

impartial outsider cannot but feel to 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

125