CHAPTER XLII.

Subjugation of the States of Tennessee, Louisiana, Arkansas, and

Virginia.--Object of a State Government; its Powers are "Just

Powers"; how exercised; its Duty; necessarily sovereign; its Entire

Order; how founded; how destroyed.--The Crime against Constitutional

Liberty.--What is the Government of the United States?--It partakes

of the Nature of a Limited Partnership; its Peaceful Objects.--

Distinction between the Governments of the States and that of the

United States.--Secession.--The Government of the United States

invades the State; refuses to recognize its Government; thus denies

the Fundamental Principle of Popular Liberty.--Founded a New State

Government based on the Sovereignty of the United States

Government.--Annihilation of Unalienable Rights.--Qualification of

Voters fixed by Military Power.--Condition of the Voter's Oath.--

Who was the Sovereign in Tennessee?--Case of Louisiana.--

Registration of Voters.--None allowed to register who could not or

would not take a Certain Oath; its Conditions.--Election of State

Officers.--Part of the State Constitution declared void.--All done

under the Military Force of the United States Government.

The most painful pages of this work are those which now present the

subjugation of the State governments by the Government of the United

States. The patriot, the lover of his country and of the liberties of

mankind, can not contemplate these facts without a feeling of grief

which will not be comforted. That the work of the fathers of the

republic, that the most magnificent system of constitutional

government which the wisdom of man has devised, should be turned from

its object, changed from its order, rendered powerless to protect the

unalienable rights and sovereignty of the people, and made the

instrument by which to establish and maintain imperialism, is a

revolution unlike any other that may be found in the history of

mankind. The result established the truthfulness of the assertion, so

often made during the progress of the war, that the Northern people,

by their unconstitutional warfare to gain the freedom of certain

negro slaves, would lose their own liberties.

It has been shown that the governments of the States were instituted

to secure certain unalienable rights of the citizens with which they

were endowed by their Creator, and that among these rights were life,

liberty, and the pursuit of happiness; that they derived their just

powers from the consent of the governed; and that these powers were

organized by the citizens in such form as seemed to them most likely

to effect their safety and happiness. Where must the American citizen

look for the security of the rights with which he has been endowed by

his Creator? To his State government. Where shall he look to find

security and protection for his life, security and protection for his

personal liberty, security and protection for his property, security

and protection for his safety and happiness? Only to his State

government.

The powers which the State government possesses for the security of

his life, his liberty, his property, his safety, and his happiness,

are "just powers." They have been derived from the unconstrained

consent of the governed, and they have been organized in such form as

seems most likely to effect these objects.

Is the citizen's life in danger from violence? The State guarantees

his protection, and it is its duty to rescue him from danger and

obtain redress from the offender, whether an individual or a foreign

nation. Are the freedom and personal liberty of the citizen in danger

from unlawful arrest and imprisonment? The State guarantees both, and

it is its duty to secure and preserve his freedom. Is the property of

the citizen in danger of a violent and unjust seizure and unlawful

detention or destruction? The State government guarantees his title,

restores the property, or obtains damages. Is the personal property

of the citizen in danger of robbery or abduction? The State

government throws over it the shield of its protection, and regards

the burglar and the robber as the enemies of society. It is

unnecessary to proceed further with this enumeration.

The duty of the State government is to give to its citizens perfect

and complete security. It is necessarily sovereign within its own

domain, for it is the representative and the constituted agent of the

inherent sovereignty of the individuals. For the performance of its

duty of protection it may unite with other sovereignties; and also,

for better safety and security to its citizens, it may withdraw or

secede from such Union.

It will be seen that the entire order of the State government is

founded on the free consent of the governed. From this it springs;

from this it receives its force and life. It is this consent alone

from which "just powers" are derived. They can come from no other

source, and their exercise sources a true republican government. All

else are usurpations, their exercise is a tyranny, and their end is

the safety and security of the usurper, to obtain which the

unalienable rights of the people are sacrificed. The "just powers,"

thus derived, are organized in such form as shall seem to the

governed to be most likely to secure their safety and happiness. It

is the governed who determine the form of the government, and not the

ruler nor his military force, unless he comes as a conqueror to make

the subjugated do his will. The object, or end, for which these "just

powers" are derived from the consent of the governed and organized in

such form as seems most likely to effect that object, is solely to

secure the unalienable rights of men--such as life, liberty,

property, justice, peace and order, and the pursuit of happiness.

It will now be seen by the reader that, whenever any one of the

features of this order is perverted in its origin or progress, or

thwarted, or caused to deviate from its natural operation by any

internal or external interference, the order is destroyed, and the

State government, which represents it, is subverted, turned from its

object, changed from its natural purpose, rendered powerless to

protect the unalienable rights of its citizens, and made an

instrument to strengthen the hands of despotism. The commission of

such a subversion of the peaceful and fraternal States of this once

happy republic is fearlessly charged upon the Government of the

United States, as in itself constituting a monstrous crime against

constitutional liberty; and it is asserted that, when the

circumstances attending the deed are considered--the rage against a

whole people, the pillage, the arson, the inciting of servile war,

the slaughter of defenseless non-combatants, the devastation of whole

peaceful regions, the indiscriminate destruction of property--no

parallel can be found in the annals of mankind.

What, then, is the Government of the United States? It is an

organization of a few years' duration. It might cease to exist, and

yet the States and the people continue prosperous, peaceful, and

happy. Unlike the governments of the States, which find their origin

deep in the nature of man, it sprang from certain circumstances which

existed in the course of human affairs. Unlike the governments of the

States and of separate nations, which have a divine sanction, it has

no warrant for its authority but the ratification of the sovereign

States. Unlike the governments of the States, which were instituted

to secure generally the unalienable rights of man, it has only the

enumerated objects, and is restrained from passing beyond them by the

express reservation of all delegated functions. It keeps no records

of property, and guarantees to no one the possession of his estate.

Marriage, from which springs the family and the State, it can neither

confirm nor annul. It partakes of the nature of an incorporation for

certain purposes, beyond which it has neither influence nor

authority. It is an anomaly among governments, and arose out of the

articles of agreement made by certain friendly States, which proposed

to form a society of States and invest a common agent with specified

functions of sovereignty. Its duration was intended to be permanent,

as it was hoped thus to promote the peaceful ends for which it was

established; but, to have declared it _perpetual_, would have been to

deny the right of a people to alter or abolish their government when

it should cease to answer the ends for which it was instituted.

The objects which its creation was designed to secure to the States

and their people were of a truly peaceful nature, and commended

themselves to the approbation of men. They were stated by its authors

in a form called "the preamble" of their work, which is in these

words:

"We, the people of the United States, in order to form a more perfect

union, establish justice, insure domestic tranquillity, provide for

the common defense, promote the general welfare, and secure the

blessings of liberty to ourselves and our posterity, do ordain and

establish this Constitution of the United States."

Mankind must contemplate with horror the fact that an organization

established for such peaceful and benign ends did, within the first

century of its existence, lead the assault in a civil war that

brought nearly four millions of soldiers into the field, destroyed

thousands and thousands of millions of treasure, trampled the

unalienable rights of the people under foot, subverted and subjugated

the governments of the States, and ended by establishing itself as

supreme and sovereign over all. Some Christian writer has suggested

the thought that there may not be a spot of the earth's surface in

the Old World but has witnessed the commission of some human crime or

been wet with human gore. How nearly true this may be of the New

World's once-vaunted asylum for the victims of despotism, misrule,

and oppression, these pages can bear some testimony. After all, it is

the civil disorders, the violations of rights, and the perversions of

wise and useful institutions, that are the most disastrous in their

consequences. They last for ages; and often, too often, the lapse of

time brings no remedy to the suffering people. In their despair, they

say the past is gone for ever--a new era has opened; but what

horrors may be developed in its revolving years no mortal can

foresee, so they hug the chains they feel powerless to break.

How distinct in its nature and objects was the Government of the

United States from the governments of the States, may be seen from

that which has already been said. The former was established by

common consent to look after the common interests. It was to make

peace or war with foreign nations, protect the frontiers, extend the

boundaries, decide disputes between citizens of different States, and

administer general affairs in a manner to promote the peace, the

order, and the happiness of all. But, to the fostering care of the

State government, the man, the citizen, the head of the family, the

parent, the child, the woman, the scholar, and the Christian all

looked with full confidence as to their natural and divinely

sanctioned protector against all foes within or without; and relied

upon its ever-present arm for the safety and security of their

persons, their homes, their property, and their institutions. How

wofully the confiding people were betrayed when the usurper came, let

some of the Northern States answer!

Now let us proceed to notice the acts of the Government of the United

States, which subjugated the State governments. The details in the

case of Tennessee have been already stated. In that instance, the

government of the State, which derived its powers from the consent of

the governed, so that they were "just powers," found, in the

discharge of its duty to protect the institutions of its people, that

there were no means by which it could fulfill that duty but by a

withdrawal from the Union, so as to be rid of the Government of the

United States, and thus escape the threatened dangers of usurpation

and sectional hostility. It therefore resolved to withdraw from the

Union, and the people gave their assent to this resolution; so that

the State no longer considered itself a member of the Union, nor

recognized the laws and authority of its Government. The Government

of the United States, then, with a powerful military force, planted

itself at Nashville, the State capital. It refused to recognize the

State government, or any organization under it, as having any

existence, or to recognize the people otherwise than as a hostile

community. It said to them, in effect: "I am the sovereign and you

are the subjects. If you are stronger than I am, then drive me out of

the State; if I am stronger than you are, then I demand an

unconditional surrender to my sovereignty." It is evident that the

Government of the United States was not there by the consent of those

who were to be governed. It had not, therefore, any "just powers" of

government within the State of Tennessee. For, says the Declaration

of Independence of our fathers, governments "derive their 'just

powers' from the consent of the governed." It is further evident

that, by this action, the Government of the United States denied the

fundamental principle of popular liberty--that the people are the

source of all political power. In this instance, it not only

subverted the State government, but carried that subversion to the

extent of annihilation. It, therefore, proceeded to establish a new

order of affairs, founded, not on the principle of the sovereignty of

the people, which was wholly rejected, but on the assumption of

sovereignty in the United States Government. It appointed its

military Governor to be the head of the new order, and recognized no

civil or political existence in any man, except some of its notorious

adherents, until, betraying the State, he had taken an oath of

allegiance to the sovereignty of the Government of the United States.

Now commenced a system of denial of unalienable rights, for the

methods of the usurper are the same everywhere. Freedom of speech was

suppressed by the imposition of fines on those using "seditious"

language, and the demand of security for their future humility. The

freedom of the press was suppressed by suspension of publications and

the confiscation of the offices. Personal liberty was destroyed by

arrests, imprisonment, and exile.

In process of time, an effort was made to erect a form of State

government which should be subservient and subject to the United

States Government. For this purpose, no one could be a voter until he

had bound himself by an oath to support and defend the Government of

the United States. Under the State governments, manhood, which came

by nature, and residence, which came by one's own will, were

sufficient qualifications for the voter.

It will be apparent from this statement that the voter's right to

cast his ballot came not to him as an unalienable right, but rested

upon the permission of the Government of the United States, as his

sovereign, to whom his allegiance was due, and to whom he was

required, in the first instance, to bind himself by an oath of

allegiance without any mention whatever of a State government.

Indeed, a little later, the same oath was required with additional

conditions before a man was permitted to vote for a State

constitutional convention, or for delegates to such a convention.

These conditions were, that he would faithfully support all acts of

Congress and all proclamations of the President of the United States,

passed or made during the rebellion, having reference to slaves.

Thus, the voter's right was made to rest, not only upon his binding

himself in allegiance to the United States as his sovereign, but in

the binding by oath his consent to certain unconstitutional acts and

proclamations expressly designed to destroy one of the most important

institutions of the State. This, sustained by a military force, was

exacted by the United States Government as the lord paramount--the

sovereign within the State. At the same time, the action of the

voter, which should be perfectly free and unconstrained (for, under

American political principles, he is the sovereign over all), is

limited and bound down by an oath faithfully to support certain acts

to which it was presumable he had ever been conscientiously opposed.

Under these circumstances, who was the sovereign in Tennessee? The

Government of the United States. Where was the government of the

State of Tennessee and the sovereign people? The former was subverted

and overthrown, and the latter subjugated. The approval by Tennessee,

under such circumstances, of Article XIII, as an amendment to the

Constitution of the United States prohibiting the existence of

slavery, was of no force; for consent given by a party under

constraint has neither legal nor moral validity. The State

Constitution was so amended as to contain certain new provisions

prescribed by the Government of the United States by a so-called

convention of delegates elected by the voters above specified, and

then submitted to these voters, and said to be ratified by them. They

were little more in numbers than a handful of the people of

Tennessee. Was this a Constitution amended and approved by the

consent of the people of Tennessee, the only sovereigns known under

our institutions, or was it a Constitution amended and voted for by a

small fraction of its population acting under the authority of the

Government of the United Stales, as the only sovereign in the State?

Admitting, even, that those who voted for the amended Constitution

were the only legal voters in the State, the Government of the United

States was no less an unlawful intruder and usurper when it

prescribed the amendments of the Constitution and designated the

voters. Nevertheless, this work was recognized by it, as constituting

a republican State government under the Constitution.

Let us next notice some points in the subversion of the State

government of Louisiana. One of the earliest steps taken for a civil

organization, after the occupation of New Orleans, was to make a

registration of voters. The United States Government was in

possession by military force, and the object was to secure its

permanent supremacy. Therefore, the oath which was administered to

the person applying for registration contained this condition:

"I now register myself as a voter, freely and voluntarily, for the

purpose of organizing a State government in Louisiana, loyal to the

Government of the United States."

It was also announced, with the approval of the military Governor,

that any person swearing falsely to any material part of the oath

would be deemed to be guilty of perjury, and be liable to prosecution

and punishment. The effect of this measure was to secure a

registration only of persons who would maintain the supremacy of the

Government of the United States. A proclamation was next issued by

the commander of the United States forces for an election of State

officers under the laws and Constitution of the State. It was

declared that these officers, when thus elected, would constitute the

so-called civil government of the State, under the Constitution and

laws of Louisiana, "except so much of the said Constitution and laws

as recognize, regulate, or relate to slavery," which were also

declared to be inoperative and void. It was further provided, in the

same proclamation, as follows:

"In order that the organic law of the State may be made to conform to

the will of the people and harmonize with the spirit of the age, as

well as to maintain and preserve the ancient landmarks of civil and

religions liberty, an election of delegates to a convention for the

revision of the Constitution will be held," etc.

The effect of these acts was to establish a number of persons,

pledged to support the Government of the United States, as the only

qualified voters in the State, and to elect so-called State officers

and delegates to a so-called Constitutional Convention by their

ballots. But this was a work that could be done only by the sovereign

people acting through their lawful State government. It was not so

done, because the Government of the United States, with a powerful

military force, had taken possession of New Orleans, refused to

recognize the officers of the State government, and sought to capture

and imprison them, although it recognized the validity of the State

Constitution in part, and commanded these things to be done as if it

was the ultimate sovereign over all.

Thus the government of the State was subverted, the Constitution of

the State in part set aside, and the sovereignty of the people

trampled down by a power that had no rightful authority for such

acts. Subsequently, a so-called convention was held, a so-called new

Constitution adopted, complying with the views of the Government of

the United States, the amendment to the Constitution of the United

States as above mentioned was adopted, the State Representatives were

admitted to seats in Congress, and the people acquiesced in the fraud

which they had not the power to correct.

The proceedings in the States of Arkansas and Virginia, which

resulted in an entire subversion of the State Governments, the

destruction of the sovereignty of the people, and the establishment

of the supremacy of the Government of the United States, have been

stated on a preceding page.

The Rise and Fall of the Confederate Government, Volume 2 · 第 29 / 46 章