ALEXANDER H. STEPHENS AND HIS STATE-RIGHTS DOCTRINES

Upon the death of Mr. Calhoun the task of maintaining the extreme

doctrine of State Rights, as that doctrine had been taught by Mr.

Calhoun fell upon Jefferson Davis and Alexander H. Stephens. That

doctrine was carried to its practical results in the ordinances of

secession as they were adopted by the respective States under the lead

of Mr. Davis.

If Mr. Stephens advised against secession, the advice given was not due

to any doubt of the right of a State to secede from the Union, but to

doubts of the wisdom of the undertaking.

In form of proceedings Mr. Stephens was examined by the Committee on

the Judiciary, the 11th and 12th days of April, 1866, but in fact I was

the only member of the committee who was present, and I conducted the

examination in my own way, and without help or hindrance from others.

It was the opinion of Governor Clifford of Massachusetts, that the

examination of Mr. Stephens gave the best exposition of the doctrine

of State Rights that had been made. I was then ignorant of the fact,

that in the convention of 1787 the form of the Preamble to the

Constitution was so changed as to justify the opinion, if not to

warrant the conclusion that the State-Rights doctrines had been

considered and abandoned. In two plans of a constitution, one

submitted by Mr. Randolph, and one by Mr. Charles Pinckney, and in

the original draft of the Constitution as reported by Mr. Rutledge,

the source of authority was laid in the respective States, which were

named. This form was adhered to in the Rutledge report, which was made

August 6, 1787. On the 12th of September the Committee on Style

reported the Preamble which opens thus: _"We the people of the United

States, etc."_ This change seems not to have been known to Mr.

Webster, nor have I noticed a reference to it in any of the speeches

that were made in the period of the active controversy on the

doctrine of State Rights.

Mr. Stephens was a clear-headed and uncompromising expositor and

defender of the doctrine of State Rights as the doctrine was accepted

by General Lee and by the inhabitants generally of the slave States.

Mr. Stephens did not disguise his opinions: "When the State seceded

against my judgment and vote, I thought my ultimate allegiance was due

to her, and I prepared to cast my fortunes and destinies with hers and

her people rather than take any other course, even though it might

lead to my sacrifice and her ruin."

When he was asked for his reason for accepting the office of vice-

president in the Confederacy, he said: "My sole object was to do all

the good I could in preserving and perpetuating the principles of

liberty as established under the Constitution of the United States."

Mr. Stephens advanced to his position by conclusively logical

processes. Standing upon the ground of Mr. Lincoln and the Republican

Party, he assumed that, inasmuch as the States in rebellion had never

been out of the Union, they had had the opportunity at all times during

the war of withdrawing from the contest and resuming their places in

the Senate and House as though nothing had occurred of which the

existing government could take notice.

If, however, there were to be terms of adjustment, then those terms

must have a "continental basis founded upon the principles of mutual

convenience and reciprocal advantage, and the recognition of the

separate sovereignty of the States." He was ready for a conference or

convention of all the States, but he did not admit the right of the

successful party to dictate terms to the States that had been in

rebellion. He expressed the personal, individual opinion, that tax

laws passed in the absence of representatives from the seceded States

would be unconstitutional. It was the opinion of Mr. Stephens that

the people of Georgia by a large majority thought that the State was

entitled to representation in the national Congress and without any

conditions.

When he was invited to consider the alternative of universal suffrage

or a loss of representation as a condition precedent to the

restoration of the State, he said with confidence that neither branch

of the alternative would be accepted. "If Georgia is a State in the

Union her people feel that she is entitled to representation without

conditions imposed by Congress; and if she is not a State in the Union

then she could not be admitted as an equal with the others if her

admission were trammeled with conditions that did not apply to all the

rest alike."

It had been his expectation, and in his opinion such had been the

expectation of the people generally that the State would assume its

place in the Union whenever the cause of the Confederacy should be

abandoned.

Such were the results of the State-Rights doctrines as announced by

the most intellectual of the Southern leaders in the war of the

Rebellion. In the opinion of Mr. Stephens a State could retire from

the Union either for purposes of peace or of war and return at will,

and all without loss of place or power.

At the close of his examination he made this declaration: "My

convictions on the original abstract question have undergone no change."

As a sequel to the doctrines of Mr. Stephens, I mention the history of

Andrew J. Lewis. When the Legislature of Massachusetts assembled in

January, 1851, Lewis took a seat in the House as the Democratic member

from the town of Sandisfield. He acted with the Coalitionists, and he

voted for Mr. Sumner as United States Senator. Lewis was returned for

the year 1852, and in General Pierce's administration he held an office

in the Boston Customs House.

Upon the fall of Port Hudson I received a letter from General Banks.

In that letter he mentioned the fact that Lewis was among the

prisoners, holding the office of captain in a South Carolina regiment.

His account of himself was this: "I was born in South Carolina. When

my State seceded I thought I must go too, and so I left Massachusetts

and returned to South Carolina."

Reminiscences of Sixty Years in Public Affairs, Vol. 2 · 第 13 / 54 题