George William Curtis: Constitution (page 2)

“The country does want rest, we all want rest. Our very civilization wants it — and we mean that it shall have it. It shall have rest — repose — refreshment of soul and re-invigoration of faculty. And that rest shall be of life and not of death. It shall not be a poison that pacifies restlessness in death, nor shall it be any kind of anodyne or patting or propping or bolstering — as if a man with a cancer in his breast would be well if he only said he was so and wore a clean shirt and kept his shoes tied. We want the rest of a real Union, not of a name, not of a great transparent sham, which good old gentlemen must coddle and pat and dandle, and declare wheedlingly is the dearest Union that ever was, SO it is; and naughty, ugly old fanatics shan't frighten the pretty precious — no, they sha'n't. Are we babies or men? This is not the Union our fathers framed — and when slavery says that it will tolerate a Union on condition that freedom holds its tongue and consents that the Constitution means first slavery at all costs and then liberty, if you can get it, it speaks plainly and manfully, and says what it means. There are not wanting men enough to fall on their knees and cry: 'Certainly, certainly, stay on those terms. Don't go out of the Union — please don't go out; we'll promise to take great care in future that you have everything you want. Hold our tongues? Certainly. These people who talk about liberty are only a few fanatics — they are tolerably educated, but most of 'em are crazy; we don't speak to them in the street; we don't ask them to dinner; really, they are of no account, and if you'll really consent to stay in the Union, we'll see if we can't turn Plymouth Rock into a lump of dough'. I don't believe the Southern gentlemen want to be fed on dough. I believe they see quite as clearly as we do that this is not the sentiment of the North, because they can read the election returns as well as we. The thoughtful men among them see and feel that there is a hearty abhorrence of slavery among us, and a hearty desire to prevent its increase and expansion, and a constantly deepening conviction that the two systems of society are incompatible. When they want to know the sentiment of the North, they do not open their ears to speeches, they open their eyes, and go and look in the ballot-box, and they see there a constantly growing resolution that the Union of the United States shall no longer be a pretty name for the extension of slavery and the subversion of the Constitution. Both parties stand front to front. Each claims that the other is aggressive, that its rights have been outraged, and that the Constitution is on its side. Who shall decide? Shall it be the Supreme Court? But that is only a co-ordinate branch of the government. Its right to decide is not mutually acknowledged. There is no universally recognized official expounder of the meaning of the Constitution. Such an instrument, written or unwritten, always means in a crisis what the people choose. The people of the United States will always interpret the Constitution for themselves, because that is the nature of popular governments, and because they have learned that judges are sometimes appointed to do partisan service.”

George William Curtis

1850s, The Present Aspect of the Slavery Question (1859)

Life , Death , Men , People

“Mr. Douglas incessantly remembers to inform us in every speech he has made for a year past that, when the Constitution was formed, all the thirteen States but one recognized slavery by law; but he incessantly forgets to add that Pennsylvania in 1780 passed an act for the gradual abolition of slavery which freed everybody born in the State after its passage; that one day later Massachusetts decided that her Bill of Rights abolished slavery forever; that in 1784 Connecticut followed Pennsylvania, and Rhode Island at about the same time; that in 1792, soon after the Constitution was formed. New Hampshire, under her Bill of Rights, Vermont, by express assertion in her Constitution, New York in March, 1799, and New Jersey in 1804, gradually abolished slavery.”

George William Curtis

1850s, The Present Aspect of the Slavery Question (1859)

Law , Time , Past , Forgetting

“The party which is humorously called the Douglas Democracy no more recognizes the rights declared by the Declaration of Independence to be inalienable than does the party of the administration. Its leader repudiates the theory that the Constitution establishes slavery, but he does not perceive in it, or in the circumstances of its adoption, or in the expressed sentiments and actions of its framers, any reason to suppose that it favors liberty more than slavery. He leaves all human rights at the mercy of a majority, and insists that the Constitution does the same.”

George William Curtis

1850s, The Present Aspect of the Slavery Question (1859)

Democracy

“We have heard popular orators declaiming to audiences to whose fathers James Otis and Samuel Adams spoke, and whose fathers' cheeks would have burned with shame and their hearts tingled with indignation to hear, that the Declaration of Independence was the passionate manifesto of a revolutionary war, and its doctrine of equal human rights a glittering generality. And finally, throwing off the mask altogether, but still whining to be let alone, we see this system, grown now from seven hundred thousand to four millions of slaves, declaring that it is in a peculiar sense a divine and Christian institution; that it is right in itself and a blessing, not a bane; that it is ineradicable in the soil; that it is directly recognized and protected by the Constitution of the United States; that its rights under that Constitution are to be maintained at all hazards; and haw they are maintained we may see in the slave States, by the absolute annihilation of free speech and by codes of law insulting to humanity and common-sense; and how they are to be maintained in the new States we have seen in the story of Kansas. It declares that, the Congress of the United States being a slave instrument and being also the supreme law of the land, the rights of the slave States are to be protected from injury by the suppression in the free States of what shall be decided by the United States Courts to be incendiary discussion; and at last it openly announces, by its representative leaders in Congress, that if a majority of the people of the United States shall elect a government holding what they allow to have been the principles of the founders of the government upon this question, they will hesitate at no steps to destroy the Union.”

George William Curtis

1850s, The Present Aspect of the Slavery Question (1859)

War , People , Law , Question