CHAPTER III.

FROM THE FOUNDATION OF THE FEDERAL GOVERNMENT DOWN TO 1830, BOTH THE NORTH

AND THE SOUTH HELD THE CONSTITUTION TO BE A COMPACT BETWEEN THE STATES.

One of the great difficulties in arguing the question of the relative

power of the States and of the Federal Government, consists in the fact

that the present generation has grown up under the shadow of the great

Federal monster, and has been blinded by its giant proportions. They see

around them all the paraphernalia and power of a great government--its

splendid capital, its armies, its fleets, its Chief Magistrate, its

legislature, and its judiciary--and they find it difficult to realize the

fact, that all this grandeur is not self-created, but the offspring of the

States.

When our late troubles were culminating, men were heard frequently to

exclaim, with plaintive energy, "What! have we no government capable of

preserving itself? Is our Government a mere rope of sand, that may be

destroyed at the will of the States?" These men seemed to think that there

was but one government to be preserved, and that that was the Government

of the United States. Less than a century had elapsed since the adoption

of the Constitution, and the generation now on the theatre of events had

seemingly forgotten, that the magnificent structure, which they

contemplated with so much admiration, was but a creature of the States;

that it had been made by them for their convenience, and necessarily held

the tenure of its life at sufferance. They lost sight of the fact that the

State governments, who were the creators of the Federal Government, were

the governments to be preserved, if there should be any antagonism between

them and the Federal Government; and that their services, as well as

their sympathies, belonged to the former in preference to the latter. What

with the teachings of Webster and Story, and a host of satellites, the

dazzling splendor of the Federal Government, and the overshadowing and

corrupting influences of its power, nearly a whole generation in the North

had grown up in ignorance of the true nature of the institutions, under

which they lived.

This change in the education of the people had taken place since about the

year 1830; for, up to that time, both of the great political parties of

the country, the Whigs as well as the Democrats, had been State-Rights in

doctrine. A very common error has prevailed on this subject. It has been

said, that the North and the South have always been widely separated in

their views of the Constitution; that the men of the North have always

been consolidationists, whilst the men of the South have been

secessionists. Nothing can be farther from the truth. Whilst the North and

the South, from the very commencement of the Government, have been at

swords' points, on many questions of mere construction and policy,--the

North claiming that more ample powers had been granted the Federal

Government, than the South was willing to concede,--there never was any

material difference between them down to the year 1830, as to the true

nature of their Government. They all held it to be a federal compact, and

the Northern people were as jealous of the rights of their States under

it, as the Southern people.

In proof of this, I have only to refer to a few of the well-known facts of

our political history. Thomas Jefferson penned the famous Kentucky

Resolutions of '98 and '99. The first of those resolutions is in these

words: "_Resolved_, That the several States comprising the United States

of America are not united on the principles of unlimited submission to

their general Government; but that by a compact, under the style and title

of the Constitution of the United States, and of amendments thereto, they

constitute a general Government for special purposes; and that whensoever

the general Government assumes undelegated powers, its acts are

unauthoritative, void and of no force; that to this compact each State

acceded as a State, and is an integral party, its co-States forming, as to

itself, the other party; that the government created by this compact was

not made the exclusive or final judge of the extent of the powers

delegated to itself, since that would have made its discretion, not the

Constitution, the measure of its powers; but that, as in all cases of

compact among persons having no common judge, each party has an equal

right to judge for itself, as well of infractions, as of the mode and

measure of redress."

It is unnecessary to quote the other resolution, as the above contains all

that is sufficient for my purpose, which is to show that Mr. Jefferson was

a secessionist, and that _with this record_ he went before the American

people as a candidate for the Presidency, with the following results: In

1800 he beat his opponent, John Adams, who represented the

consolidationists of that day, by a majority of 8 votes in the Electoral

College. In 1804, being a candidate for re-election, he beat his opponent

by the overwhelming majority of 162, to 14 votes. In the Northern States

alone, Mr. Jefferson received 85 votes, whilst in the same States his

opponent received but 9. This was a pretty considerable indorsement of

secession by the Northern States.

In 1808, Mr. Madison, who penned the Virginia Resolutions of '98, similar

in tenor to the Kentucky Resolutions, became a candidate for the

Presidency, and beat his opponent by a vote of 122 to 47; the Northern

majority, though somewhat diminished, being still 50 to 39 votes. Mr.

Madison was re-elected in 1812, and in 1816, James Monroe was elected

President by a vote of 183 to his opponent's 34; and more than one half of

these 183 votes came from the Northern States. In 1820, Mr. Monroe was

re-elected over John Quincy Adams, of Massachusetts, by a majority of 231

votes to 13. Besides Monroe and Adams, Crawford and Jackson were also

candidates, but these two latter received only 11 votes between them. This

last election is especially remarkable, as showing that there was no

opposition to Jefferson's doctrine of State-Rights, since _all_ the

candidates were of that creed. The opposition had been so often defeated,

and routed in former elections, that they had not strength enough left to

put a candidate in the field.

John Quincy Adams succeeded Mr. Monroe, and his State-Rights doctrines

are well known. He expressed them as follows: "The indissoluble link of

union between the people of the several States of this confederated

nation, is, after all, not in the _right_, but in the _heart_. If the day

should ever come (may heaven avert it) when the affections of the people

of these States shall be alienated from each other; when the fraternal

spirit shall give way to cold indifference, or _collision of interests

shall fester into hatred_, the bands of political association will not

long hold together parties, no longer attracted by the magnetism of

conciliated interests, and kindly sympathies; and _far better will it be

for the people of the dis-united States to part in friendship with each

other, than to be held together by constraint_. Then will be the time

for reverting to the precedents, which occurred at the formation, and

adoption of the Constitution, to form again a more perfect union, by

dissolving that which could no longer bind, and to leave the separated

parts to be reunited _by the law of political gravitation to the centre_."

General Jackson succeeded Mr. Adams in 1828, and was re-elected in 1832.

It was during his administration that the _heresy_ was first promulgated

by Mr. Webster, that the Constitution was not a compact between the

States, but an instrument of government, "ordained, and established," by

the people of the United States, in the aggregate, as one nation. With

respect to the New England States in particular, there is other and more

pointed evidence, that they agreed with Mr. Jefferson, and the South down

to the year 1830, on this question of State rights, than is implied in the

Presidential elections above quoted. Massachusetts, the leader of these

States in intellect, and in energy, impatient of control herself, has

always sought to control others. This was, perhaps, but natural. All

mankind are prone to consult their own interests. Selfishness,

unfortunately, is one of the vices of our nature, which few are found

capable of struggling against effectually.

The New England people were largely imbued with the Puritan element. Their

religious doctrines gave them a gloomy asceticism of character, and an

intolerance of other men's opinions quite remarkable. In their earlier

history as colonists, there is much in the way of uncharitableness and

persecution, which a liberal mind could wish to see blotted out. True to

these characteristics, which I may almost call instincts, the New England

States have always been the most refractory States of the Union. As long

as they were in a minority, and hopeless of the control of the Government,

they stood strictly on their State rights, in resisting such measures as

were unpalatable to them, even to the extremity of threatening secession;

and it was only when they saw that the tables were turned, and that it was

possible for them to seize the reins of the Government, that they

abandoned their State-Rights doctrines, and became consolidationists.

One of the first causes of the dissatisfaction of the New England States

with the General Government was the purchase of Louisiana, by Mr.

Jefferson, in 1803. It arose out of their jealousy of the balance of power

between the States. The advantages to result to the United States from the

purchase of this territory were patent to every one. It completed the

continuity of our territory, from the head waters of the Mississippi, to

the sea, and unlocked the mouths of that great river. But Massachusetts

saw in the purchase, nothing more than the creation of additional Southern

States, to contest, with her, the future control of the Government. She

could see no authority for it in the Constitution, and she threatened,

that if it were consummated, she would secede from the Union. Her

Legislature passed the following resolution on the subject: "_Resolved_,

That the annexation of Louisiana to the Union, transcends the

Constitutional power of the Government of the United States. It formed a

new Confederacy, to which the States [not the people of the United States,

in the aggregate] united by the former compact, are not bound to adhere."

This purchase of Louisiana rankled, for a long time, in the breast of New

England. It was made, as we have seen, in 1803, and in 1811 the subject

again came up for consideration; this time, in the shape of a bill before

Congress for the admission of Louisiana as a State. One of the most able

and influential members of Congress of that day from Massachusetts was Mr.

Josiah Quincy. In a speech on this bill, that gentlemen uttered the

following declaration: "If this bill passes, it is my deliberate opinion

that it is virtually a dissolution of the Union; that it will free the

States from their moral obligation, and as it will be the right of all, so

it will be the duty of some definitely to prepare for separation,

amicably if they can, violently if they must."

Time passed on, and the difficulties which led to our War of 1812, with

Great Britain, began to rise above the political horizon. Great Britain

began to impress seamen from New England merchant ships, and even went so

far, at last, as to take some enlisted men from on board the United States

ship of war Chesapeake. Massachusetts was furious; she insisted that war

should be declared forthwith against Great Britain. The Southern States,

which had comparatively little interest in this matter, except so far as

the federal honor was concerned, came generously to the rescue of the

shipping States, and war was declared. But the first burst of her passion

having spent itself, Massachusetts found that she had been indiscreet; her

shipping began to suffer more than she had anticipated, and she began now

to cry aloud as one in pain. She denounced the war, and the Administration

which was carrying it on; and not content with this, in connection with

other New England States, she organized a Convention, at Hartford, in

Connecticut, with a view to adopt some ulterior measures. We find the

following among the records of that Convention: "Events may prove, that

the causes of our calamities are deep, and permanent. They may be found to

proceed not merely from blindness of prejudice, pride of opinion, violence

of party spirit, or the confusion of the times; but they may be traced to

implacable combinations, of individuals, _or of States_, to monopolize

office, and to trample, without remorse, upon the rights and interests of

the commercial sections of the Union. Whenever it shall appear, that these

causes are radical, and permanent, _a separation by equitable arrangement,

will be preferable to an alliance, by constraint, among nominal friends

but real enemies, inflamed by mutual hatred, and jealousy, and inviting,

by intestine divisions, contempt and aggressions from abroad_." Having

recorded this opinion of what should be the policy of the New England

States, in the category mentioned, the "Journal of the Convention" goes on

to declare what it considers the right of the States, in the premises.

"That acts of Congress, in violation of the Constitution, are absolutely

void, is an indisputable position. It does not, however, consist with the

respect, from a _Confederate State_ toward the General Government, to fly

to open resistance, upon every infraction of the Constitution. The mode,

and the energy of the opposition should always conform to the nature of

the violation, the intention of the authors, the extent of the evil

inflicted, the determination manifested to persist in it, and the danger

of delay. But in case of deliberate, dangerous, and palpable infractions

of the Constitution, _affecting the sovereignty of the State_, and

liberties of the people, it is not only the right, but the _duty_, of each

State _to interpose its authority_ for their protection, in the manner

best calculated to secure that end. When emergencies occur, which are

either beyond the reach of judicial tribunals, or too pressing to admit of

the delay incident to their forms, _States_, which have no common umpire,

_must be their own judges_, and _execute their own decisions_." These

proceedings took place in January, 1815. A deputation was appointed to lay

the complaints of New England before the Federal Government, and there is

no predicting what might have occurred, if the delegates had not found,

that peace had been declared, when they arrived at Washington.

It thus appears, that from 1803-4 to 1815, New England was constantly in

the habit of speaking of the dissolution of the Union--her leading men

deducing this right from the nature of the compact between the States. It

is curious and instructive, and will well repay the perusal, to read the

"Journal of the Hartford Convention," so replete is it with sound

constitutional doctrine. It abounds in such expressions as these: "The

constitutional compact;" "It must be the duty of the State to watch over

the rights _reserved_, as of the United States to exercise the powers

_which were delegated_;" the right of conscription is "not delegated to

Congress by the Constitution, and the exercise of it would not be less

dangerous to their liberties, than hostile to the _sovereignty of the

States_." The odium which has justly fallen upon the Hartford Convention,

has not been because of its doctrines, for these were as sound, as we have

seen, as the Virginia and Kentucky Resolutions of '98 and '99, but because

it was a secret conclave, gotten together, _in a time of war_, when the

country was hard pressed by a foreign enemy; the war having, in fact, been

undertaken for the benefit of the very shipping States which were

threatening to dissolve the Union on account of it.

Mr. John Quincy Adams, the sixth President of the United States, himself,

as is well known, a Massachusetts man, speaking of this dissatisfaction of

the New England States with the Federal Government, says: "That their

object was, and had been, for several years, a dissolution of the Union

and the establishment of a separate Confederation, he knew from

unequivocal evidence, although not provable in a court of law; and that in

case of a civil war, the aid of Great Britain, to effect that purpose,

would be assuredly resorted to, as it would be indispensably necessary to

their design." See Mr. Adams' letter of Dec. 30th, 1828, in reply to

Harrison Gray Otis and others.

We have thus seen, that for forty years, or from the foundation of the

Federal Government, to 1830, there was no material difference of opinion

between the sections, as to the nature of the league or compact of

government which they had formed. There was this difference between the

sections, however. The South, during this entire period of forty years,

had substantially controlled the Government; not by force, it is true, of

her own majorities, but with the aid of a few of the Northern States. She

was the dominant or ruling power in the Government. During all this time,

she conscientiously adhered to her convictions, and respected the rights

of the minority, though she might have wielded her power, if she had been

so inclined, to her own advantage.

Constitutions are made for the protection of minorities, and she

scrupulously adhered to this idea. Minorities naturally cling to the

guarantees and defences provided for them in the fundamental law; it is

only when they become strong, when they throw off their pupilage, and

become majorities, that their principles and their virtues are really

tested. It is in politics, as in religion--the weaker party is always the

tolerant party. Did the North follow this example set her by the South?

No; the moment she became strong enough, she recanted all the doctrines

under which she had sought shelter, tore the Constitution into fragments,

scattered it to the winds; and finally, when the South threw herself on

the defensive, as Massachusetts had threatened to do, in 1803 and 1815,

she subjugated her.

What was the powerful motive which thus induced the North to overthrow the

government which it had labored so assiduously with the South to

establish, and which it had construed in common with the South, for the

period of forty years? It was the motive which generally influences human

conduct; it was the same motive which Patrick Henry had so clearly

foreseen, when he warned the people of Virginia against entering into the

federal compact; telling them, that interested majorities never had, in

the history of the world, and never would respect the rights of

minorities.

The great "American System," as it has been called, had in the meantime

arisen, championed by no less a personage than Henry Clay of Kentucky. In

1824, and again in 1828, oppressive tariffs had been enacted for the

protection of New England manufacturers. The North was manufacturing, the

South non-manufacturing. The effect of these tariffs was to shut out all

foreign competition, and compel the Southern consumer to pay two prices

for all the textile fabrics he consumed, from the clothing of his negroes

to his own broadcloth coats. So oppressive, unjust, and unconstitutional

were these acts considered, that South Carolina nullified them in 1830.

Immediately all New England was arrayed against South Carolina. An entire

and rapid change took place in the political creed of that section. New

England orators and jurists rose up to proclaim that the Constitution was

not a compact between the States. Webster thundered in the Senate, and

Story wrote his "Commentaries on the Constitution." These giants had a

herculean task before them; nothing less than the falsifying of the whole

political history of the country, for the previous forty years; but their

barren and inhospitable section of the country had been touched by the

enchanter's wand, and its rocky hills, and sterile fields, incapable of

yielding even a scanty subsistence to its numerous population, were to

become glad with the music of the spindle and the shuttle; and the giants

undertook the task! How well they have accomplished it, the reader will

see, in the course of these pages, when, toward the conclusion of my

narrative, he will be called upon to view the fragments of the grand old

Constitution, which has been shattered, and which will lie in such

mournful profusion around him; the monuments at once of the folly and

crimes of a people, who have broken up a government--a free

government--which might else have endured for centuries.

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