Various - The Continental Monthly, Vol. 1, No. 6, June, 1862

The history of our country reveals two memorable cases where the question was decided that not the State, but the Federal Government was to be its own judge of what was constitutional, and act accordingly. First, the case of New-York; secondly, the course taken by Massachusetts in relation to the Embargo law of 1807, which was believed to be unconstitutional generally in New-England. In the case of New-York, there was, as has been said, the surrender of any right to secede from the Union at her pleasure; while in the Embargo law of 1807, which was brought up to the Supreme Court for decision, there was the acquiescence of New-England upon the simple point, who should be the final arbiter in the dispute. Massachusetts and all New-England assented to a decision of the Judiciary, not upon the ground that it was right, but that the Supreme Court had alone the authority to say what was right.

In this case there was a perfect refutation of the whole theory of secession; that theory falls back upon the idea that the State government is to be its own judge of what constitutes a violation of the Constitution, and act accordingly; but the Embargo law of 1807, when carried up to the Supreme bench, and the way New-England assented to a decision that was not believed to be in accordance with the Constitution, is a signal rebuke of the assumption of State sovereignty when arrayed against the General Government. The all-important question was not, Was the decision of the Judiciary right, but simply, Who had the authority to say what was right? Who should submit to that authority? No person can fail to see in these two cases, under circumstances so widely different, and with an end proposed in each directly the reverse of the other, that the point so important to establish was clearly made out, that the National Government reserves to itself alone the right to decide as to what should be the course taken in questions of dispute that arise between the States and the Federal authority.

It is mournful to see the finest country on the earth—a land peculiarly blessed with every element of material wealth, a land that has grown like a giant, and commanded the respect of the world—now in her central government made an object of contempt, and crippled in her strength by those very States who should, upon the principle of gratitude for favors granted, have been the last to leave the Union. While the Government at Washington has shown the utmost forbearance, they have manifested the greatest insolence, as well as disregard of the most sacred rights of the Union. An Absalom the most willful and impetuous of his father's family, and yet the most caressed and indulged, requites every debt of parental kindness by seeking through treachery and the prostitution of all his privileges to raise an insurrection in the household of David, and turn away through craft the hearts of the people from their rightful lord. So like Absalom, South-Carolina first unfurls the banner of treason and war among the sister States, desperately resolved to secure her selfish aggrandizement even at the price of the ruin of the country, but like Absalom, also, she is destined to experience a reverse as ignominious and as fatal.

'My neighbor gazed at the stranger with bewilderment, and remained speechless. There was, nevertheless, nothing in his outward mien to give rise to so much emotion. He was a robust and rather handsome fellow, of about twenty-five, bold, swaggering, and free and easy in his deportment—a perfect specimen of the race of half-breeds so common in Mexico. His skin was swarthy, his features regular, and his beard luxuriant and soft as silk. His eyes were large and black as sloes, his teeth small, regular, and white as ivory, and his whole countenance, when in repose, wore an expression which won confidence rather than excited distrust. But when conversing, there was an indefinable craftiness in his smile, and a peculiar cunning in the twinkle of his eye, that often strikes the traveler in Mexico, as pervading all that class who are accustomed to making excursions into the interior. His costume, covered with dust, and torn in many places, led me to infer that he had only just returned from some long journey.

'After waiting, with great politeness, for some few seconds, to allow Arthur time to address him, and finding he waited in vain, the Mexican opened the conversation:

''I fear your excellency will scold me for delaying so long on the road; but how could I help it? I am more to be pitied than blamed—I lost three horses—at monte—and if it had not been by good luck that the ace turned up when I staked my saddle and bridle, I should not be here even now; but the ace won; I bought a fresh horse—and here I am.'

''What success?' inquired Arthur, with a look of intense anxiety; 'did you bring any?'

''Certainly,' replied Pepito, handing him very unconcernedly a small package; 'I brought more than you told me, and, in fact, I might have brought a mule-load if you had wanted so many.'

''Adéle!' cried Mr. Livermore, overcome with delight, as he rushed into my room, 'Adéle, HE HAS FOUND IT!'

Pepito followed Arthur with his sharp eye, and on beholding Adéle, asked me, in a low tone:

''Who is that lady, Caballero?'

''I can not say; I myself never saw her until to-day,' said I; and noticing his gaze riveted on her in apparent admiration, I added:

''Do you think her pretty?'

''Pretty! Holy Virgin! she is lovely enough to make a man risk his salvation to win her.'

'Feeling that my presence might be one of those superfluities with which they would gratefully dispense, I was on the point of leaving, when there was a knock at the door. Again Adéle sought refuge in my room, and again Arthur advanced to the door:

''Open, it is I,' said a voice from the outside; 'I have come to inquire after my friend Pepito.'

''Señor,' exclaimed Pepito, 'that must be my compadre, Pedro.'

'On the door being opened, they flew to one another's arms, and gave a true Mexican embrace.

'The entrance of Pedro, which evidently annoyed Mr. Livermore, awakened in my mind strange suspicions. I resolved at the earliest opportunity I had of a private interview with him, to allude to what I had overheard on the Alameda. In the mean time I would keep an eye on these two cronies.

''Stand back, Pedro, and let me have a good look at you.'

'' There! well, how do you think I look?'

''My dear fellow, you are growing decidedly coarse and fat.'

''Bah! but how do you like my new rig?'

''I can not admire the cut; but, of course, you bought them ready-made—one could see that with half an eye.'

''Well, Pepito, now that you are once more back in the city, I lack nothing to make me perfectly happy. You will spend the rest of the day with me?'

''Of course, my dear fellow.'

''Well, it is about dinner-time; let us be off.'

''Wait till I have first bid adieu to his excellency,' replied Pepito, turning toward Mr. Livermore. Then advancing a few steps, he whispered a few words to him, at the same time bowing very low. Arthur unlocked the drawer of his table and took out a roll of dollars, which he handed to the Mexican.

''Must you absolutely leave me so soon?' said he.

''Well, Caballero, after so long a journey, a man requires relaxation, and enjoys a social glass; so, with your permission, I will see you again to-morrow.'

'This answer was any thing but pleasing to Mr. Livermore, who turned to me, and addressing me in English, said:

''My dear sir, once more I must trespass on your good-nature. It is essential to the success of my plans, that these two men should not be left together. Will you, can you, tack yourself on to them, and keep close to Pepito until they separate?'