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THE CRISIS OF
EIGHTEEN HUNDRED AND SIXTY-ONE
IN THE GOVERNMENT OF THE
UNITED STATES.
ITS CAUSE, AND HOW IT SHOULD BE MET.
CONTAINING THE CELEBRATED PROCLAMATION OF ANDREW
JACKSON TO THE SOUTH CAROLINA NULLIFIERS; WEBSTER'S
ANSWER TO HAYNE ON THE SUBJECT OF NULLIFICATION,
AND SEVERAL EXTRACTS FROM LETTERS WRITTEN BY JOHN
JAY, JAMES MADISON, AND ALEXANDER HAMILTON, PENDING
THE ADOPTION OF THE CONSTITUTION.
BY A. D. STREIGHT.
INDIANAPOLIS, IND.:
PUBLISHED BY THE AUTHOR.
1861.
Entered according to the Act of Congress, in the year eighteen hundred and
sixty-one, BY A. D. STREIGHT, In the Clerk's office of the District Court
of the United States for the District of Indiana.
CONTENTS.
Crisis--its Cause 7
Crisis--How to Meet it 17
Constitution 17
Crittenden's Amendment 94
Jackson's Proclamation 41
Jackson's Administration compared with Buchanan's 68
Missouri Compromise 93
Missouri Compromise compared with Crittenden's Amendment 92
Oath of President 22
People--shall they rule 84
People--duty of 85
Treason--what constitutes 23
Treason--who are guilty of 23
Union--how to preserve the 81
Union--the effects of war to sustain the 83
Union--why founded--Madison and others' opinions 36
Union--utility of 24
Webster's answer to Hayne 68
TO THE FLAG OF OUR UNION,
TO THE MEMORY OF THE IMMORTAL HEROES,
WHO ESTABLISHED IT,
AND TO THE TRUE HEARTED PATRIOTS,
WHO WILL MAINTAIN IT,
THIS VOLUME IS MOST RESPECTFULLY DEDICATED,
BY THE AUTHOR.
PREFACE.
In presenting this volume to the people, we shall offer no apology. It has
been our constant effort to condense into as small a compass as possible
our views relative to the cause of our nation's calamity, and the proper
course to be pursued to restore the supremacy of the laws, the integrity
of the constitution, and to preserve the Union. We have aimed at nothing
but the good of our distracted country. That some will differ with us
relative to our proposed plan of managing our national affairs in this
hour of peril, is no more than we expect. We are aware that there are
true-hearted and well-meaning men who are of the opinion that we had
better compromise with the traitors to our country than to use forcible
means to compel obedience to the laws. But we think they are seriously
mistaken; that such a measure will but produce a temporary calm that will
be succeeded by a storm of increased violence. We have labored in the
first place to show that our present troubles are owing to a mistaken
policy on the part of our government in adopting temporary pacification
measures, instead of maintaining the supremacy of the laws. We have also
endeavored to show from letters written by some of the founders of our
government, that this is a government of the people collectly, and not a
government of the States. We have further endeavored to show that the
wisest of our statesmen were in favor of enforcing the laws regardless of
the feelings of those who rebelled against them; and finally, we trust,
that we have shown that a Republican government cannot be maintained
unless the people of every section of the country are compelled to submit
to the constitutional acts of the majority. We wish our Southern brethren
no harm, but they _must_ learn that this is a government composed of
freemen who will submit to their dictation no longer; and the sooner they
are apprized of this fact the better it will be for all parties concerned.
The necessity for a work of this kind has caused us to lay aside most
pressing business matters which needed our attention; but in these
perilous times we feel it our duty to do all we can to unite the people
upon this momentous crisis in our national affairs. The hurried manner in
which this work has been prepared, will account for the imperfections.
A. D. STREIGHT.
THE CRISIS.
WHAT PRODUCED IT.
When we behold a blooming youth, just entering upon the sphere of manhood,
the fondest hopes of his honored parents, the admiration of all who know
him, the brightest genious of his age, begin to wither and decay, our
sinking spirits are aroused to make deep, anxious, earnest enquiry as to
the nature and cause of the disease that threatens to drag him to an
untimely grave, and bring misery, sorrow and pain to his unhappy parents,
friends and admirers, and if there is to be found a remedy within the
knowledge of man that will remove the malady, we are wont to apply it with
the utmost promptitude, and await its effects with fearful apprehensions
and the deepest suspense. No time is lost or exertion spared by the
friends of the afflicted, but with a united effort they rally, each
anxious to contribute the utmost of his ability to rescue the unfortunate
sufferer from the dangers that threaten to rob them of one to whom they
feel bound by every endearing tie that binds mankind to earth. Now, while
a case like this should justly excite our sympathies and awaken every
principle of humanity dwelling in the heart, yet how unimportant and
insignificant is such a case, when compared with the decaying symptoms of
a great, free, powerful and prosperous nation of over thirty millions of
inhabitants, whose institutions have been the hope and pride of the
friends of liberty, whose prosperity is the marvel of the world, whose
commerce extends to the most remote portions of the earth, whose territory
covers twenty-three degrees of latitude and sixty degrees of longitude,
whose soil is unsurpassed for the variety and richness of its
productions, whose government has been the shield and asylum for the
oppressed of all nations, and whose prosperity and power has been the
object of jealousy and dread of the tyrants of every division of the
globe. Yes, America has been, since the beginning of the nineteenth
century, the stumbling block of tyrany, the good samaritan to the poor and
unfortunate of the civilized portions of the earth, her unexampled
progress the astonishment and admiration of every lover of liberty and
friend of humanity, the framers of her institutions are honored as the
noblest statesmen of any age, for their patriotism, purity and wisdom. And
yet, strange as it may seem, this model government, this land of the free
and home of the brave, presenting an aggregate of individual and national
wealth, happiness and prosperity unequalled by the same numbers on the
face of the earth, although in the first century of its gigantic infancy,
it is now trembling with all the convulsive symptoms of revolution and
civil commotion, which threatens to undermine the very basis of our
institutions and our liberties. Nay, the threatening storm is now
producing a tumultuous sensation that is rocking the temple of liberty
from top to bottom, and from center to circumference.
Such being the sad picture of the true condition of our country, we will
proceed to make earnest enquiry as to the cause of the existing evils and
from whence they come; for it is a well known principle in politics, as
well as every other science, that in order to apply the rightful remedy
for an existing evil, it is of the utmost importance that the nature and
source of the evil should be carefully studied, and thoroughly understood
by those having the case in charge.
Although the threatening aspect of our national affairs have called forth
the opinions of some of our most able statesmen, relative to the causes of
our present troubles, yet, with due deference to their talents, sagacity
and wisdom, we feel constrained to say, that, in our opinion, they have
entirely overlooked, or omitted to mention, one of the chief causes that
have rendered the people of the Southern States so turbulant, defiant,
and, at last, nearly ungovernable.
We will now proceed to give a brief statement of what we believe to be
the source from whence most, if not all, our present difficulties can be
traced, and by so doing we trust the means for restoring peace to the
country will be more easily and unanimously decided upon.
In searching the political history of our country, it appears that in 1819
and '20, Congress objected to the further extension of slavery; (which, of
course, it had a perfect right to do,) consequently Missouri was rejected
when she applied for admission, because of her constitution recognizing
that institution. At this the South became very indignant, and her
statesmen predicted a speeded dissolution of the Union, unless Missouri
was admitted. The result was a compromise in which the South obtained all
she demanded, and then we learn nothing of her revolting spirit until the
celebrated tariff difficulty came up, which called out General Jackson's
proclamation, in 1832; and although that old hero stood his ground firmly
and did his whole duty nobly, yet there were those who were fearful that
South Carolina would injure herself, like the spoiled boy, who throws
himself on the floor, and in the midst of his rage, proceeds to bruise his
head against articles of a more substantial character, consequently there
was a compromise effected to appease her wrath. Again, when we were about
appropriating money to pay Mexico for territory obtained from her, David
Wilmot offered a proviso, that inasmuch as slavery did not exist in that
territory at the time it came into our possession, it should not exist
there thereafter. A very wise proviso, and a vast majority of the people
of the country were in favor of it, but then it did not suit the South,
consequently, her statesmen predicted an immediate dissolution of the
Union, if Mr. Wilmot's proviso should become a law, and, of course, most
of us loved the Union, hence we threw Mr. Wilmot's proviso overboard. But
shortly after that, California made application to come into the Union as
a free State. This was very obnoxious to our Southern brethren,
consequently, they would dissolve the Union, unless there was some
concessions made. Every body was at a loss to know what the nature of the
concession could be, for the government had already signed several blanks
for the South to fill out to their own liking, and it was supposed, that
in their wisdom, they had secured, at least, what belonged to them; but
then the country was declared to be in imminent danger of a speedy
dissolution, unless there could be a compromise effected with the South.
All hands were set at work to ascertain whether there was anything which
the government had not already granted them, and after diligent search it
was found that there was occasionally a fugitive slave escaping from
southern bondage, and as the people in some pertions of the country were
not much inclined to extend any great amount of sympathy to those who were
wont to pursue said fugitives, the South finally concluded to make this
proposition: That in case the government would compel every northern man
to aid in catching and returning the fugitive slaves at his own cost and
expense, then they, the South, would allow California to be admitted as a
free State, and suffer the Union to remain undivided. Most of us remember
well when this ultimatum was presented to us. We generally disliked the
idea of being called blood hounds and negro catchers, by the civilized
nations of the earth, saying nothing about the expense or our feelings
attending this unpleasant operation, but then we loved our country, and
could not think of its destruction without feelings of sadness, and when
the fire-eating gentry would show their teeth, brandish their bowie knives
and draw their revolvers, expressing their readiness, willingness, and
final determination to shoot down, cut and carve, and smash things
generally, provided we did not consent to catch Sambo; life being sweet to
us, and peace being desirable, we finally concluded to save our country,
even if we were compelled to chase Sambo to do it. And here again we
compromised upon the basis of what was called the Fugitive Slave Law of
1850. We do not claim any great show of bravery or firmness in this case,
but then if self degradation and humiliation to save our country is a mark
of patriotism, we would be sorry to hear of a more patriotic people than
we of the north proved ourselves to be in this transaction.
Peace being again declared to exist, things seemed to move quietly along
until the winters of 1853-'54, when, to everybody's surprise, (I mean in
the North,) one Stephen A. Douglas, desiring to become President of the
United States, set himself at work to find out whether there was not
something more which the South might have granted her to enhance her
interests. Stephen, being a man of great industry and perseverance,
searched carefully and thoroughly, and at last he found a restriction on
the extension of the institution of slavery north of thirty-six degrees
and thirty minutes north latitude. With great earnestness, and a show of
fairness, he entered into the task of removing this restriction. He was
soon made acquainted with the fact that this restriction was but a part of
a solemn compact, and that the party for whose benefit the restriction was
established, had paid for it a large price, and a disinheritance at this
time would be gross injustice toward the party aggrieved.
Even some of the Southern Senators labored hard to dissuade Stephen from
his purpose, on this account, but then Stephen was desirous of becoming
President, and not being excessively burthened with a high sense of
justice, he was inexorable in his undertaking, and pressed it with vigor
and energy. Southern statesmen espoused the cause with their usual
unanimity, and again declared that unless the restriction was removed this
Union would be dissolved. All will remember how reluctant the people of
the free States were to grant this demand; but, as in former times, we
loved our country, and when its very existence was threatened we were
desirous of avoiding the great calamity; hence, the restriction was
removed, and the famous Kansas and Nebraska Act became a law.
Although the South had thus far been successful in obtaining whatever they
demanded, nevertheless, the defiant course they had pursued, the
increasing frequency, and the nature of the demands, together with their
refusal to be governed by a compromise, even after dictating the terms of
it themselves, began to open the eyes of some of our Northern
statesmen--hence, the Republican party sprang into existence in 1854 with
the avowed intention of resisting through the ballot-box each and every
encroachment from our Southern brethren thereafter. This was declared by
the South to be very dangerous to the Union, and in 1856, when the
Republicans run a candidate in the person of John C. Fremont for the
Presidency, the South declared that to be a great insult to her dignity,
and a just cause for a dissolution of the Union. She blustered and
threatened to such an extent that they succeeded in frightening the people
of some of the free States into the support of James Buchanan, which,
together with her united vote, she succeeded in carrying the election, and
Mr. Buchanan became President. It soon became evident that the South were
not any way inclined to abandon their aggressive policy. The attempt to
subjugate the people of Kansas by forcing slavery upon them, against the
well known wish of three-fourths of the inhabitants, was sufficient to
wake up still another class of the people of the free States, which caused
large accessions to the Republican party, and a complete division of the
Democratic party. Finally, the Democrats met at Charleston on the 23d day
of April, 1860, to nominate candidates for President and Vice-President.
Protection for slave property in the territories was demanded by the
South--it was rejected--the convention split and adjourned. The South
nominated a separate candidate upon the slave protection platform, and
again resorted to her old tune of declaring the Union in danger; but the
people had become disgusted with this kind of electioneering, and most
emphatically refused to be bullied into the support of that dogma;
consequently they cast their votes for Abraham Lincoln, and elected him,
which is now declared by the South to be sufficient cause for dissolving
the Union. But some of the more moderate of the Southerners are willing to
suffer a portion of the Union to remain undivided, provided the North will
consent to amend the Constitution so as to legalize slavery as a national
institution. This is a very moderate request indeed; but, fellow
countrymen, _are you ready to grant it_?
We have thus sketched a brief history of what we believe to be the true
cause of the present crisis. And why is it the cause? The answer is plain
to everyone--the South have been in the habit of controlling the policy of
the government, by argument, if they could, but by threats of violence if
they failed with the first. They have been successful in so many schemes
of this kind, that they began to look upon that condition of things as
co-existent with our government. Now we shall not contend that our
Southern brethren are any more turbulent and ungovernable than the same
number of Northern men would be, if they had been similarly dealt with.
Had the government of the United States, instead of compromising with the
South when threats were made, pursued a straightforward course regardless
of the threats, or those who made them, and in case there had been
forcible resistance to the laws, called out sufficient force to suppress
the rebellion, then the people of the South would have learned one
important lesson in earlier times.
This would have saved both them and the government much trouble and
expense, but since they have not learned this lesson before, they should
learn it now; and though they may be somewhat like an overgrown,
high-spirited colt, that has never been harnessed, yet, with patience,
kindness and _firmness_, we trust they will still learn the lesson without
very seriously injuring either themselves or others. Should this not be
the case, if they are determined to resist all legal restraint, can there
be any advantage in further delaying the use of force? Can any one pretend
that further concession would help the case permanently? There is no use
of dodging the question. All must admit that the great cause of our
present troubles is owing to an unwillingness of the South to submit to
any terms except such as they may dictate. And some of them have even gone
so far as to say that even though they are allowed this privilege, they
would not abandon their treasonable designs. Verily we believe that Uncle
Sam has spoiled some of his boys by over indulgence. We will endeavor to
show this to be the case, by showing that, where resistance to the laws
has been met by force, instead of concession, the people are more
law-abiding citizens, at least we hear of no threats from that source of
overthrowing the government, unless certain measures are adopted. It is a
noticeable fact that, during our national existence, there has never been
any concession, on the part of the government of the United States,
granted to any portion of the north, where there has been resistance to
the laws; but the strong arm of the government has been used to put down
such resistance whenever it became necessary. The great rebellion of 1785,
called Shay's Rebellion, was met with force, and the leaders punished. The
great Whisky Rebellion, as it is called, was suppressed with an armed
force 15,000 strong in 1794. General Washington was then president,
showing that he recognised the principle of suppressing insurrection by
force, if necessary to do so, in order to maintain the supremacy of the
law. Again, we find the United States using force to carry out the
fugitive slave law in the Burns case, and, in fact, several others. The
Kansas troubles were met with force, not compromise. All these cases have
occurred in the north, and have been promptly met by the government, which
has had a tendency to teach the people of that section of the country
that, to resist the laws, is sure to incur the legal penalty. Remonstrance
has been of no avail--the laws were pointed to as the guide. This was the
case particularly in the Kansas troubles, when the laws of the notorious
bogus legislature were being forced upon the people by the government
bayonets. Mr. Buchanan was then implored to desist, and allow the people
to re-construct the laws of the territory. They were told that, although
the laws were oppressive, yet so long as they remained on the statute
books of the territory, they were the laws of that country, and must be
enforced. This has uniformly been the course of the government toward the
people of the north. We do not complain of this, but simply refer to it to
show that, while the people of the north have been taught to obey the
laws, or suffer the penalty of their violation, the people of the south
have been allowed to control the policy of the government by threats and
violence, and as might have been expected, they have at last become
entirely insufferable. They will no longer be satisfied with anything in
reason or out of reason. They will neither be peaceable, nor allow others
to live in peace. Their demands have become more frequent and of a more
startling character--and why is this? It is because they have never been
made sensible of the fact that the government of the United States is
capable of enforcing its laws in that portion of the country as well as in
any other.
How absurd it is, then, at this time, for us to offer them another
compromise--it would be like adding new fuel to the fire, it might
suppress the flame momentarily, but when it bursts forth again it would be
with increased vigor and violence. We should not compromise in the least
if we desire permanent peace, but administer the laws with firmness and
justice; and although it may take the force of arms to do so, yet a
rivulet of blood, spilt at this time, will prevent rivers of it in the
future. Let us not entail the evil effects of failing to perform our duty
upon our children, but sternly perform our whole duty, and transmit to the
next generation the good old ship of State in a sound and navigable
condition; and if there be mutineers who persist in her destruction let us
warn them manfully of the dangers they are incurring upon themselves, and
as a last resort, rather than give up the ship, let us arrest their
progress by force.
Although we have given at length what we believe to be the great primary
cause of our present crisis, yet there are other more immediate causes,
among which is the course that the Northern press have pursued since this
secession movement has assumed a more positive form. Many of the leading
papers have advocated the policy of allowing such States to secede as
choose to do so. And others have been loud with their demands for
concession and compromise upon any basis that would satisfy the traitors
and restore peace. While still another class have battled manfully for the
supremacy of the laws. This division of what is taken for the public
sentiment, has been a source of consolation and encouragement to the
traitors, while the government of the United States has stood silent with
folded arms and allowed itself to be robbed of millions of dollars worth
of property without raising a hand or uttering a solitary protest against
the theft. What more encouragement could those who have been engaged in
this treasonable scheme have asked for or desired? They have been told by
a portion of the Democratic press that they were perfectly justifiable in
dissolving the Union; and by a portion of the Republican press, that
although they were by no means justifiable in committing such an
outrageous act, yet, if they were really in earnest, and were determined
to do so or fight, then they could go ahead, for there would be no
fighting to maintain a Union with such unruly neighbors. Such seems to
have been the reckless and ill-timed course on the part of the press at
this present juncture, that it has encouraged the traitors by,
representing the friends of the Union as divided into fragments, thus
removing all opposition to their reckless course. Had the press of the
North presented an unbroken front in favor of the Union, and a
determination to stand by it regardless of threats or even of violence, we
have every reason to believe that the South would have hesitated and
considered the nature of the calamity they were bringing upon themselves
and their country. That the spirit of compromise heretofore exercised on
the part of our government toward those who have threatened violence, is
the great source of our political troubles, can hardly admit of a
doubt--why should we pursue the policy still further that has brought us
to the very verge of ruin? Since it is our wavering, compromising, and
undecided course that has brought our country to ruin, let us proceed to
adopt a more firm and decided course. Give the South all that is their
right, and boldly refuse to submit to any dictation beyond our
constitutional duty. This is not the time to amend constitutions nor to
change public opinion, but let every man rally to the support of his
country, and when peace is restored and traitors have laid down their arms
and signified a willingness to submit to the laws, we will have more
leisure to investigate the nature of the proposed constitutional
amendments.
THE CRISIS,
AND HOW TO MEET IT.
In the government of nations there are, sometimes, crises of the most
momentous importance. They either promote stability or terminate in ruin.
The result depends upon the virtue and patriotism of the mass of the
people, and the wisdom, prudence and unflinching firmness of their rulers
and statesmen.
The United States of America are in the midst of just such a crisis at
present, and nothing is more important than correct views with regard to
that crisis on the part of the people. To aid in the dissemination of such
views, in order to produce unity of action among all classes of the people
is the object of this publication, in which we shall ignore mere
partisanship and take large and patriotic and comprehensive views of the
genius and principles of our government.
One of the gravest questions for the consideration of the people of this
nation, and for their enlightened solution, has just arisen, that has ever
been presented for an answer since the formation of our republican
government. It is this: Has any State in the Union a right, under the
present Constitution, peaceably to withdraw itself from that Union, for
the purpose of setting up a separate, distinct, and, necessarily,
conflicting nationality?
Very important is it that this question should be correctly answered in
the present juncture, and that the people should be fully prepared to act
understandingly. Vast and immeasurable results depend upon it.
If this vital question could be answered in the affirmative, as some seem
to think, then would the federal compact, by which these States are held
together, be a mere rope of sand, without strength or tenacity, subject to
be ruptured by the slightest discord. Such a solution of the question, if
acted upon _practically_, would carry us back to the old confederation, by
the articles of which these States were connected in their associated
capacity previous to the adoption of the present constitution. And what
was that confederation? Merely a league of States, in which each
individual member of that league was at liberty to act in her sovereign
capacity, without any binding restrictions. Each individual member of that
confederation could levy taxes, raise revenue, make alliances, declare
war, make peace, and do whatever else she chose without consultation with
the rest of the members, and without being held amenable for her action,
except just so far as the general law of nations held her amenable. From
that confederation she could at any time withdraw or secede, without being
rebellious or traitorous to the other members.
Experience proved to the satisfaction of the wise, patriotic and far
seeing fathers of the republic, that such a confederation was entirely
ineffectual for the accomplishment of the great purposes for which it was
formed. It possessed not the concentrated power of binding and
irrepealable unity to protect the common flag of a common Union. It could
not, therefore, command the respect and the honor of other nations, nor
promote its own stability and permanence.
Is the present Union similar to that? Can a South Carolina, or a
Massachusetts, or any other disaffected State withdraw or secede at will,
as she could from the Old Confederation, and set up, if she choose, an
independent nationality? No such thing. The present compact and
constitution grew out of the absolute necessities consequent upon the
inefficiency of the old confederation. They were established solely to
prevent or obviate that inefficiency, and provide a common flag and a
common government capable of commanding respect. An examination of the
present Constitution will show that fact. We will, therefore, present
those provisions of that instrument which have a direct bearing upon the
decision of this question, and then show by the record how the fathers of
that Constitution understood its powers, and how that understanding has
been confirmed by all the precedents in the history of the government to
the present time.
The very preamble of the Constitution itself shows that it was formed for
the purpose of establishing a government stronger and more efficient than
the old confederation. It is in these words:
"We, the people of the United States, in order to form a more perfect
union, establish justice, ensure domestic tranquility, provide for the
common defence, promote the general welfare, and secure the blessings
of liberty to ourselves and our posterity, do ordain and establish
this Constitution for the United States of America."
Among other things, this preamble declares that the present constitution
was "ordained and established" "in order to form _a union more perfect_"
than existed under the provisions of the old confederation--a union that
could not be dissolved at the pleasure or choice of any State or any
number of States without the consent of three-fourths of the sovereign
people. It conceded to a general government certain powers and rights,
which were, of course, subtracted from the powers and rights of the
separate State sovereignties, and these powers and rights were vested
solely in the hands of a President, "a Congress of the United States," and
a Supreme Court created and elected according to the provisions of that
constitution. And now, to understand this matter, what were those
particular powers and rights which were thus abstracted from the separate
State sovereignties and vested in a general government? They are very
emphatically, clearly and forcibly declared in article I, section 8, of
the constitution of the United States. They are thus expressed:
"The Congress shall have power--
"1. To lay and collect taxes, duties, imposts, excises; to pay the
debts, and provide for the common defence and general welfare of the
United States; but all duties, imposts, and excises shall be uniform
throughout the United States;
"2. To borrow money on the credit of the United States;
"3. To regulate commerce with foreign nations, and among the several
States, and with the Indian tribes;
"4. To establish an uniform rule of naturalization, and uniform laws
on the subject of bankruptcies throughout the United States;
"5. To coin money, regulate the value thereof, and of foreign coin,
and fix the standard of weights and measures;
"6. To provide for the punishment of counterfeiting the securities and
current coin of the United States;
"7. To establish post offices and post roads;
"8. To promote the progress of science and useful arts, by securing
for limited times, to authors and inventors, the exclusive right to
their respective writings and discoveries;
"9. To constitute tribunals inferior to the Supreme Court; to define
and punish piracies and felonies committed on the high seas, and
offences against the law of nations;
"10. To declare war, grant letters of marque and reprisal, and make
rules concerning captures on land and water;
"11. To raise and support armies; but no appropriations of money to
that use, shall be for a longer term than two years;
"12. To provide and maintain a navy;
"13. To make rules for the government and regulation of the land and
naval forces;
"14. To provide for calling forth the militia to execute the laws of
the Union, suppress insurrections, and repel invasions;
"15. To provide for organizing, arming and disciplining the militia,
and for governing such part of them as may be employed in the service
of the United States, reserving to the States, respectively, the
appointment of the officers and the authority of training the militia,
according to the discipline prescribed by Congress;
"16. To exercise exclusive legislation in all cases whatsoever, over
such district (not exceeding ten miles square) as may, by cession of
particular States, and the acceptance of Congress, become the seat of
government of the United States, and to exercise like authority over
all places purchased by the consent of the legislature of the State in
which the same shall be, for the erection of forts, magazines,
arsenals, dock yards and other needful buildings:--And
"17. To make all laws which shall be necessary and proper for carrying
into execution the foregoing powers, and all other powers vested by
this constitution in the government of the United States, or in any
department or officer thereof."
The powers enumerated in this section are very definite, and nothing we
could say would make that fact appear more apparent. Now if these powers
are conferred upon the general government by the common consent of all the
States of the Union, or more especially by all the people of all the
States, can any one State exercise any of those reserved powers? Most
certainly not. But the framers of the constitution did not leave this to
be inferred. They settled the question definitely in section ten. Here it
is:
"1. No State shall enter into any treaty, alliance, or confederation;
grant letters of marque and reprisal; coin money; emit bills of
credit; make anything but gold and silver coin a tender in payment of
debts; pass any bill of attainder, ex post facto law, or law impairing
the obligation of contracts; or grant any title of nobility.
"2. No State shall, without the consent of the Congress, lay any
imposts or duties on imports or exports, except what maybe absolutely
necessary for executing its inspection laws; and the nett produce of
all duties and imposts, laid by any State on imports or exports, shall
be for the use of the treasury of the United States, and all such laws
shall be subject to the revision and control of the Congress. No State
shall, without the consent of Congress, lay any duty of tunnage, keep
troops or ships of war in time of peace, enter into any agreement or
compact with another State, or with a foreign power, or engage in war,
unless actually invaded, or in such imminent danger as will not admit
of delay."
This section plainly and positively _prohibits_ the States from doing
certain things _without the consent_ of Congress. They can neither
contract alliances, collect revenue, coin money, nor engage in war in
their capacity of States.
To guard the powers of the general government from encroachment on the
part of the States, and to preserve them intact and unimpaired, the
President of the United States, as the chief Executive officer of the
government, takes this oath:
"I DO SOLEMNLY SWEAR (or affirm) THAT I WILL FAITHFULLY EXECUTE THE
OFFICE OF PRESIDENT OF THE UNITED STATES, AND WILL, TO THE BEST OF MY
ABILITY, PRESERVE, PROTECT AND DEFEND THE CONSTITUTION OF THE UNITED
STATES."
We have thus far enumerated some of the _powers_ delegated by the
Constitution _to the_ federal government in the precise language of that
constitution, and have shown that the chief executive of the government is
sworn to exercise those powers by enforcing the constitution, and, of
course, the laws, &c., which are made under its sanction and by its
authority.
This constitution was adopted by a vast majority of the people of every
State in the Union--adopted too with the understanding that it was
_perpetually_ binding--adopted _without any proviso for withdrawal or
secession_ in case of dissatisfaction--adopted when it was known that,
even to amend it, either two-thirds of both houses of Congress must
"propose amendments, or two-thirds of all the State Legislatures unite in
an application to call a convention of States for proposing amendments,"
and that, when such amendments were proposed, they must "_be ratified_" by
"the legislatures of _three-fourths_ of all the States, or by conventions
in _three-fourths_ thereof." This shows clearly and conclusively that our
fathers considered that they were establishing a government
indissoluble--a government for all time, incapable of disruption by
separate State action or by the violence of local faction.
In the strong light of these facts how are we to regard the present
attitude of South Carolina? As treasonable and rebellious to rightful
authority, which she herself assisted to establish. She has no right
whatever, under the existing compact, to withdraw herself from the Union,
or to annul that compact into which she voluntarily entered, when she
adopted that constitution. By that adoption she forever signed away such a
right--voluntarily she sets her signature to a compact having no such
proviso of choice. If she secede then--if she break, or attempt to break,
that compact, she engages in a revolution, and revolution is
rebellion--revolution is _treason_. Of that capital crime she, or rather
her citizens, are even now guilty. "What constitutes treason? The
constitution defines it in Article 3, Section III:
"1. Treason against the United States shall consist only in levying
war against them, or in adhering to their enemies, giving them aid and
comfort. No person shall be convicted of treason unless on the
testimony of two witnesses to the same overt act, or on confession in
open court.
"2. The congress shall have power to declare the punishment of
treason; but no attainder of treason shall work corruption of blood,
or forfeiture, except during the life of the person attainted."
Now has not South Carolina "levied war?" Has she not collected armies to
resist the United States? Has she not obstructed the collection of the
revenue of the nation? Has she not even taken the fortifications and
arsenals and confiscated the property of the United States? All these
things has she done, and if this be not "levying war"--if this be not
"treason"--rank "treason," I know not what is. And yet, strange as it may
seem, there are men in all the States so wedded to party that they
encourage and justify South Carolina in her mad secession schemes, and by
so doing give "aid and comfort" to the sworn "enemies" of the United
States. Did they ever think that they too are traitors, and that they are
as legally deserving of a halter as the madest secession hotspur of South
Carolina?
Like the old tories of the revolution, they are, however, but few in the
Northern States, and their number, thanks to the intelligence of the
people, is rapidly growing less. Soon will there be but one sentiment in
all sane minds upon this subject. All will see that this Union must be
preserved, unbroken by rebels, and traitors be brought to condign
punishment, unless we would insanely jeopardise all for which our fathers
fought and bled and died upon the battle fields of the revolution.
To aid in creating a healthy public sentiment upon this important subject,
I will now give some of the arguments in favor of the Union and of the
present constitution, advanced by some of the early fathers of the
republic. To do this, I shall first draw largely from certain political
papers, entitled the "Federalist," written while the adoption of the
present constitution was pending, and addressed to the people of the State
of New York, to explain the principles of the new constitution, and to
enforce the propriety and necessity of its adoption. They were the united
productions of John Jay, James Madison, and Alexander Hamilton, three
brilliant political lights.
In the first eight numbers of these papers the dangers of foreign force
and influence, and of war between the States, and the effects of internal
war in producing standing armies unfriendly to liberty, were portrayed in
a very masterly manner. Several other papers follow from which I quote
largely, as they are just as appropriate now to show the benefits of a
stable and consolidated Union, and the evils of _disunion_, as then:
"THE UTILITY OF THE UNION AS A SAFEGUARD AGAINST DOMESTIC FACTION AND
INSURRECTIONS.
"A firm union will be of the utmost moment to the peace and liberty of
the States, as a barrier against domestic faction and insurrection.
"It is impossible to read the history of the petty republics of Greece
and Italy, without feeling sensations of horror and disgust at the
distractions with which they were continually agitated, and at the
rapid succession of revolutions, by which they were kept perpetually
vibrating between the extremes of tyranny and anarchy. If they exhibit
occasional calms, these only serve as short-lived contrasts to the
furious storms that are to succeed. If now and then intervals of
felicity open themselves to view, we behold them with a mixture of
regret arising from the reflection, that the pleasing scenes before us
are soon to be overwhelmed by the tempestuous waves of sedition and
party rage. If momentary rays of glory break forth from the gloom,
while they dazzle us with a transient and fleeting brilliancy, they at
the same time admonish us to lament that the vices of government
should pervert the direction and tarnish the luster of those bright
talents and exalted endowments, for which the favored soils that
produced them have been so justly celebrated.
"From the disorders that disfigure the annals of those republics, the
advocates of despotism have drawn arguments, not only against the
forms of republican government but against the very principles of
civil liberty. They have decried all free government as inconsistent
with the order of society, and have indulged themselves in malicious
exultation over its friends and partizans. Happily for mankind,
stupendous fabrics reared on the basis of liberty, which have
flourished for ages, have, in a few glorious instances, refuted their
gloomy sophisms. And, I trust, America will be the broad and solid
foundation of other edifices not less magnificent, which will be
equally permanent monuments of their error.
"But it is not to be denied, that the portraits they have sketched of
republican government, were too just copies of the originals from
which they were taken. If it had been found impracticable to have
devised models of a more perfect structure, the enlightened friends of
liberty would have been obliged to abandon the cause of that species
of government as indefensible. The science of politics, however, like
most other sciences, has received great improvement. The efficacy of
various principles is now well understood, which were either not known
at all, or imperfectly known to the ancients. The regular distribution
of power into distinct departments; the introduction of legislative
balances and checks; the institution of courts composed of judges,
holding their offices during good behavior; the representation of the
people in the legislature, by deputies of their own election; these
are either wholly new discoveries, or have made their principal
progress towards perfection in modern times. They are means, and
powerful means, by which the excellencies of republican government may
be retained, and its imperfections lessoned or avoided. To this
catalogue of circumstances, that tend to the amelioration of popular
systems of civil government, I shall venture, however novel it may
appear to some, to add one more, on a principle which has been made
the foundation of an objection to the new constitution; I mean the
ENLARGEMENT of the ORBIT within which such systems are to revolve,
either in respect to the dimensions of a single State, or to the
consolidation of several smaller States into one great confederacy.
The latter is that which immediately concerns the object under
consideration. It will, however, be of use to examine the principle in
its application to a single State, which shall be attended to in
another place.
"The utility of a confederacy, as well to suppress faction, and to
guard the internal tranquility of States, as to increase their
external force and security, is in reality not a new idea. It has been
practiced upon in different countries and ages, and has received the
sanction of the most approved writers on the subject of politics. The
opponents of the PLAN proposed have with great assiduity cited and
circulated the observations of Montesquieu on the necessity of a
contracted territory for a republican government. But they seem not to
have been apprized of the sentiments of that great man expressed in
another part of his work, nor to have adverted to the consequences of
the principle to which they subscribe with such ready acquiescence.
"When Montesquieu recommends a small extent for republics, the
standards he had in view were of dimensions far short of the limits of
almost every one of these States. Neither Virginia, Massachusetts,
Pennsylvania, New York, N. Carolina, nor Georgia, can by any means be
compared with the models from which he reasoned, and to which the
terms of his description apply. If we therefore receive his ideas on
this point, as the criterion of truth, we shall be driven to the
alternative either of taking refuge at once in the arms of monarchy,
or of splitting ourselves into an infinity of little, jealous,
clashing, tumultuous commonwealths, the wretched nurseries of
unceasing discord, and the miserable objects of universal pity or
contempt. Some of the writers who have come forward on the other side
of the question, seem to have been aware of the dilemma, and have even
been bold enough to hint at the division of the larger States as a
desirable thing. Such an infatuated policy, such a desperate
expedient, might, by the multiplication of petty offices, answer the
views of men who possess not qualifications to extend their influence
beyond the narrow circles of personal intrigue; but it could never
promote the greatness or happiness of the people of America.
"Referring the examination of the principle itself to an other place,
as has been already mentioned, it will be sufficient to remark here,
that in the sense of the author who has been most emphatically quoted
upon the occasion, it would only dictate a reduction of the SIZE of
the more considerable MEMBERS of the Union; but would not militate
against their being all comprehended in one confederate government.
And this is the true question, in the discussion of which we are at
present interested.
"So far are the suggestions of Montesquieu from standing in opposition
to a general union of the States, that he explicitly treats of a
CONFEDERATE REPUBLIC, as the expedient for extending the sphere of
popular government, and reconciling the advantages of monarchy with
those of republicanism.
"'It is very probable, says he,[1] that mankind would have been
obliged, at length, to live constantly under the government of a
SINGLE PERSON, had they not contrived a kind of constitution, that has
all the internal advantages of a republican, together with the
external force of a monarchical government. I mean a CONFEDERATE
REPUBLIC.