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sive only. It could not bar the rights with the exercise of their sovereignty of the sovereign people; even if those by the people of the States? Can the rights were, as we have shown they Union constitutionally repress a moveare not, capable of alienation.
ment of a majority of the people of a Such is our answer, in the best form State to change their government ? in which we are able to give it, to the It was one object of the framers of the first question.
Constitution, we will admit at the outThe second question it is not difficult set, to maintain the internal tranquillity to answer. There is another right, a of the States. This motive is apparent right above all human law-a right of upon the face of the state papers of resistance to law-a right of revolution. that period. Did they intend to effect When does it exist, and on what is it this object at the expense of the great founded ? It is founded on the natur- principles for which they themselves al rights of the individual, and is to be had been engaged in a long war ? Did exercised only when government tran- they assume that there never would scends the limits of its just authority. be another occasion for the exercise of There are rights of every human being, the same principles, or if there were, which are not submitted to govern- that it would only occur upon the thement, and which it cannot rightfully atre of the Union, and not confine itself interfere with. If it ever pass those to a single Slate? This was at least limits, be it a government of the people very unlikely. It should seem little less or any other, resistance is justifiable. than a condemnation of their own acts A majority may abuse their power and and doctrines, to insert in the constitubecome tyrants; when they do so, they tion of the country a provision for such may be treated as other tyrants may an end. Is there any reason to supbe treated. Resistance to iyranny is a pose they did so ? right-nay, a duty--inscribed upon our The only portion of the constitution hearts by Providence.
which gives any ground whatever for There are occasions, therefore, when a the claim of interference, is the 4th minority of the people-an individual, section of the 4th article--" The Unieven, may resist the majority. This ted States shall guarantee to every State right is not incompatible with the in this Union a republican form of right of the majority to change the government, and shall protect each of government at will. The principles them against invasion; and, on applicaof both may be stated in few words. tion of the legislature or of the execuThe right of the people to frame and tive, (when the legislature cannot be to change their government is unques- convened,) against domestic violence." tionable and unalienable ; but govern- One other provision has been somement itself, as all political society, has times mentioned as giving authority,the limits to its power. If it steps beyond 15th subdivision of the 8th section of those limits, it may be registed, by vir- the 1st article. Congress shall have tue of a law higher than human socis power “to provide for calling forth the ety. This is the great lesson of po- militia to execute the laws of the Union, litical and personal freedom.
suppress insurrections, and repel invaThis right of resistance is the right sion;" but it will be apparent, on a also of revolution. It is the right to slight reflection, that the insurrections resist law, when the law becomes the here referred to are insurrections instrument of intolerable oppression against the Union, not against the indithe right to overturn a tyrannical gov- vidual States. If it were not so, the laternment even though it were supported ter clause of the section in the 4th article by a majority of the political society. would have been unnecessary, for ConIt must never be confounded with the gress had already all the power they right we first considered. That was a wanted under the first article; and the legal right, a right of a majority to condition on which alone the United change their government in their own States are authorized to interfere by the way and at their own time. This is a 4th article is no limitation at all, if they right against law and above law; a are also authorized to do the same thing right of minorities and individuals. by the first article ; for that, if it ap
The third question with which we plied to the case, could give them full set out, is this: how far the federal gov- authority over the subject so far as to erament can constitutionally interfere use all the militia of the country. It
VOL. XI.--NO. XLIX.
cannot therefore be deemed applicable right in the State. The United States to an insurrection against a State. are to protect the majority of the
Let us then take up the 4th article. social body, on the application of its What authority does that confer upon lauful legislature or executive, against the United States ? Simply this, to unlawful violence. The question then protect the States against domestic vio- falls back on the one we first considlence, and then only when applied to ered, whether the majority of the peoby the legislature or executive. The ple have a right at all times to change question then divides itself into these their government. If they have, then three: Whois to be protected ? against it follows that the new government is what ? and when? It is the STATE that the one to be protected, on the applicais to be protected. What constitutes tion of the new legislature, against the the State ?
violence of the old legislature or the
old electors. " What constitutes a state ?
This conclusion must necessarily folNot high-raised battlement or labored low from the course of argument we mound,
have pursued. Not only have the peoThick wall or moated gate ;
ple given no power to the general Not cities proud, with spires and turrets
government to oppose the majority of crowned ;
a State, but they could give no such Not bays and broad-armed ports, Where, laughing at the storm, rich navies
power. The power of self-government
is unalienable and indefeasible. It is a ride; Not starred and spangled courts,
power of which the people cannot divest Where low-broved baseness wafts perfume themselves. In the emphatic language to pride.
of Franklin—"the people cannot in No: Men, high-minded Men, any sense divest themselves of the suWith powers as far above dull brutes en- preme authority." The people of a state dued,
could, doubtless, incorporate themselves In forest, brake, or den,
in a larger community, and thus divest As beasts excel cold rocks and brambles themselves, in their separate capacity, rude;
of the sovereignty, but then the same Men who their duties know,
sovereignty would be instantly vested But know their rights, and knowing dare in the w
in the whole community into which maintain,
they had become incorporated. Either, Prevent the long-aimed blow,
then, the power of self-government reAnd crush the tyrant, while they rend the
mains in the people of a State, or it is chain : These constitute a state;
vested in the people of the Union, And sovereign law, that state's collected and we have a consolidated governwill,
ment. Either the people of a State O’er thrones and globes elate, may change their government at pleaSits empress, crowning good, repressing sure, (subject only to the condition of ill.”
maintaining a republican forin,) or the
people of the Union may do it for them. The people—the community--the That the latter is the case, the wildest majority of the members of the body advocate for consolidation never yet politic, these constitute the state. pretended. The power of the people Against domestic violence. What is in each State over their own form of domestic violence? Is the execu- government is intact. tion of the laws domestic violence ? No State is more strongly committed Is the enforcement of a constitution on this head than Rhode Island. In domestic violence ? Is the use of giving her consent to the Constitution force for any of these purposes, to of the United States, she declared, as overcome resistance, domestic violence? we have seen, that “the powers of govWhen? When application is made by ernment may be re-assumed by the the legislature or the executive. What people whenever it shall become nelegislature ?-a spurious, a usurping cessary to their happiness;" that“ the legislature? After a legislature is ab- right aforesaid cannot be abridged or rogated by a change of government, violated;" and that the federal constican it still call upon the United States tution was consistent therewith. for aid ? It is clear, then, that the ques. We come now to the fourth and tion comes back to the question of last question. In a case of domestic violence, within the constitution, in President may do more mischief by what manner can the United States interfering in the wrong case, as he has interfere? There is at present an act done in this instance of Rhode Island, of Congress empowering the President, than could possibly happen from delay in such cases, to interfere with the in many cases of real insurrection or militia of the other States, or the forces domestic violence. The States are to of the Union. Was that act constitu- be presumed, in the first instance, able tional ? We doubt it extremely. If to put down violence within their own it be competent for Congress to dele borders. Until their own force had gate such a power to the President, it proved insufficient, there could be no was competent to delegate that other occasion for federal intervention. power mentioned in the same sentence, One thing seems to be more than The guarantee of a republican form of probable, that the framers of the congovernment. Is it competent for Con- stitution, themselves, contemplated ongress to do this? Can they constitute ly an intervention by Congress ; for the President a judge to decide when Mr. Madison, writing of this very artithe government of a State is or is not cle in the forty-third number of the republican, and empower him to change Federalist, uses this language :-" In it by force? If they can do this, then can cases where it may be doubtful on they arm him with a more than kingly which side justice lies, what better power.
umpires could be desired by two vioIf it be urged that the power to in- lent factions, flying to arms and tearing terfere in a case of domestic violence the state to pieces, than the representought to be given to the President, be- atives of confederate states, not heatcause it might become necessary to acted by the local flame? To the imparimmediately, when Congress was not tiality of judges they would unite the in session, and before it could be called affection of friends. Happy would it together; we answer that the argument be, if such a remedy for its infirmities from inconvenience is always a danger- could be enjoyed for all free governous argument on a constitutional ques- ments; if a project equally effectual tion. But here we think the balance of could be established for the universal inconvenience is on the other side. The peace of mankind."
A LEGEND OF LIFE AND LOVE.
A very cheerless and fallacious doc- among whom he lived, every want of trine is that which teaches to deny existence was supplied by a few fertile the yielding to natural feelings, right- acres. Those acres were tilled and eously directed, because the conse- tended by two brothers, grandsons of quences may be trouble and grief, as the old man, and dwellers also in the well as satisfaction and pleasure. The cottage. The parents of the boys lay man who lives on from year to year, buried in a grave near by. jealous of ever placing himself in a Nathan, the elder, had hardly seen situation where the chances can possi. his twentieth summer. He was a bly turn against him-ice, as it were, beautiful youth. Glossy hair clustersurrounding his heart, and his mind ed upon his head, and his cheeks were too scrupulously weighing in a balance very brown from sunshine and open the results of giving way to any of air. Though the eyes of Nathan were those propensities his Creator has soft and liquid, like a girl's, and his planted in his heart-may be a philoso- cheeks curled with a voluptuous swell, pher, but can never be a happy man. exercise and labor had developed his
Upon the banks of a pleasant river limbs into noble and manly proporstood a cottage, the residence of an tions. The bands of hunters, as they ancient man whose limbs were feeble met sometimes to start off together with the weight of years and of former after game upon the neighboring hills, sorrow. In his appetites easily grati- could hardly show one among their fied, like the simple race of people number who in comeliness, strength,
or activity, might compete with the gether at a tomb built on a hill by the youthful Nathan.
borders of a fair river. Why do they Mark was but a year younger than start, as each casts his dim eyes to his brother. He, too, had great beauty. ward the face of the other ? Why do
In course of time the ancient sicken- tears drop down their cheeks, and ed, and knew that he was to die. Be- their frames tremble even more than fore the approach of the fatal hour, he with the feebleness of age? They are called before him the two youths, and the long separated brethren, and they addressed them thus :
enfold themselves in one another's “The world, my children, is full of arms. deceit. Evil men swarm in every “And yet,” said Mark, after a few place; and sorrow and disappointment moments, stepping back, and gazing are the fruits of intercourse with them. earnestly upon his companion's form So wisdom is wary.
and features, " and yet it wonders me “And as the things of life are only that thou art my brother. There shadows, passing like the darkness of should be a brave and beautiful youth, a cloud, twine no bands of love about with black curls upon his head, and your hearts. For love is the ficklest not those pale emblems of decay. And of the things of life. The object of our my brother should be straight and affection dies, and we thenceforth lan- nimble—not bent and tottering as guish in agony; or perhaps the love thou." we covet dies, and that is more pain. The speaker cast a second searching ful yet.
glance-a glance of discontent. "It is well never to confide in any “And I," rejoined Nathan, “ I might man. It is well to keep aloof from the require from my brother, not such follies and impurities of earth. Let shrivelled limbs as I see, -and instead there be no links between you and of that cracked voice, the full swelling others. Let not any being control you music of a morning heart--but that through your dependence upon him for half a century is a fearful melter of a portion of your happiness. This, my comeliness and of strength; for half a sons, I have learned by bitter experi- century it is, dear brother, since my ence, is the teaching of truth."
hand touched thine, or my gaze rested Within a few days afterward, the upon thy face." old man was placed away in the mar- Mark sighed, and answered not. ble tomb of his kindred, which was Then, in a little while, they made built on a hill by the shore.
inquiries about what had befallen Now the injunctions given to Na- either during the time past. Seated than and his brother-injunctions fre- upon the marble by which they had quently impressed upon them before met, Mark briefly told his story. by the same monitorial voice-were “I bethink me, brother, many, many pondered over by each youth in his in- years have indeed passed over since most heart. They had always habi- the sorrowful day when our grandsire, tually respected their grandsire: what- dying, left us to seek our fortunes amid ever came from his mouth, therefore, a wicked and a seductive world. seemed as the words of an oracle not: “His last words, as thou, doubtless, to be gainsayed.
dost remember, advised us against the Soon the path of Nathan chanced to shares that should beset our subsequent be sundered from that of Mark.
journeyings. He portrayed the danAnd the trees leaved out, and then gers which lie in the path of love; he in autumn cast their foliage; and in impressed upon our minds the folly of due course leaved out again, and again, placing confidence in human honor ; and many times again-and the bro and warned us to keep aloof from too thers met not yet.
close communion with our kind. He Two score years and ten! what then died, bui his instructions live, and change works over earth in such a have ever been present in my memory. space as two score years and ten! Ĩ
As the sun, an hour ere his setting, ceal from you that at that time I loved. cast long slanting shadows to the east- My simple soul, ungifted with the ward, two men, withered, and with wisdom of our aged relative, had hair thin and snowy, came wearily up yielded to the delicious folly, and the froin opposite directions, and stood to brown-eyed Eva was my young heart's choice. O brother, even now,--the been happy. Dear brother, truth imfeeble and withered thing I am, - dim pels me to say no. Yet assuredly, if recollections, pleasant passages, come few glittering pleasures ministered to forth around me, like the joy of old me on my journey, equally few were dreams. A boy again, and in the con- the disappointments, the hopes blightfiding heart of a boy, I walk with Eva ed, the trusts betrayed, the faintings of by the river's banks. And the gentle the soul, caused by the defection of creature blushes at my protestations of those in whom I had laid up treasures. love, and leans her cheek upon my “Ah, my brother, the world is full neck. The regal sun goes down in the of misery !" west, and we gaze upon the glory of The disciple of a wretched faith the clouds that attend his setting, and ceased his story, and there was silence while we look at their fantastic a while. changes, a laugh sounds out, clear like Then Nathan spake : a flute, and merry as the jingling of “In the early years," he said, “I too silver bells. It is the laugh of Eva.” loved a beautiful woman. Whether
The eye of the old man glistened my heart was more frail than thine, or with unwonted brightness. He paused, affection had gained a mightier power sighed, the brightness faded away, and over me, I could not part from her I he went on with his narration.
loved without the satisfaction of a “As I said, the dying lessons of him farewell kiss. We met,-I had resolved whom we reverenced were treasured to stay but a moment,-for I had chalkin my soul. I could not but feel their ed out my future life after the fashion truth. I feared that if I again stood thou hast described thine. beside the maiden of my love, and “How it was I know not, but the looked upon her face, and listened to moment rolled on to hours; and still her words, the wholesome axioms we stood with our arms around each might be blotted from my thought, so other. I determined to act as became a map : “ My brother, a maiden's tears from that hour I never have beheld washed my stern resolves away. The the brown-eyed Eva.
lure of a voice rolling quietly from be“ I went amid the world. Acting tween two soft lips, enticed me from upon the wise principles which our remembrance of my grandsire's wisaged friend taught us, I looked upon dom. I forgot his teachings, and mareverything with suspicious eyes. Alas! ried the woman I loved. I found it but too true that iniquity “Ah! how sweetly sped the seaand deceit are the ruling spirits of sons! We were blessed. True, there men.
came crossings and evils; but we “Some called me cold, calculating, withstood them all, and holding each and unamiable; but it was their own other by the hand, forgot that such a unworthiness that made me appear so thing as sorrow remained in the world. to their eyes. I am not-you know, “Children were born to us-brave my brother-I am not, naturally, of boys and fair girls. Oh, Mark, that, proud and repulsive manner; but I that is a pleasure-that swelling was determined never to give my of tenderness for our offspring—which friendship merely to be blown off the rigorous doctrines of your course again, it might chance, as a feather by of life have withheld from you! the wind; nor interweave my course “Like you, I engaged in trade. Vaof life with those that very likely rious fortune followed my path. I will would draw all the advantage of the not deny but that some in whom I connexion, and leave me no better thought virtue was strong, proved cunthan before.
ning hypocrites, and worthy no man's “I engaged in traffic. Success at trust. Yet are there many I have tended me. Enemies said that my known, spotless, as far as humanity good fortune was the result of chance, may be spotless. -but I knew it the fruit of the judi- « Thus, to me, life has been altercious system of caution which govern- nately dark and fair. Have I lived ed me in matters of business, as well happy?-No, not completely; it is as of social intercourse.
never for mortals so to be. But I can “My brother, thus have I lived my lay my hand upon my heart, and life. Your look asks me if I have thank the Great Master, that the sun.