WHERE WILL THE REBELLION LEAVE US?

"The United States are bounded, North, by the British Possessions;

South, by the Gulf of Mexico; East, by the Atlantic Ocean; and West,

by the Pacific." So the school-books told us which we studied in our

childhood; and so, in every school throughout the land, the children

are taught to-day. The armed hosts whose tread resounds through thy

Continent are marching Southward to teach this simple lesson in

geography. They all know it by heart. "This they are ready to verify,"

as the lawyers say. Wherever, in any benighted region, this elementary

proposition shall be henceforth denied or doubted, schools for adults

are to be established, and the needful instruction given. By regiments,

battalions, and brigades, with all necessary apparatus, the teachers

go forth to their work. The proposition is a very simple one, easily

expressed and easily understood; but it tells the whole story. It is the

substance of all men's thoughts, and of all men's speech. Mr. Lincoln

states it in his inaugural. Mr. Douglas impresses it upon the Illinois

legislature. Mr. Seward announces it, briefly and with emphasis, to the

governments of Europe. Sentimental talk about "our country, however

bounded," is obsolete; and how the country is bounded is now the point

to be settled, once and forever. "This territory, from the Great Lakes

to the Gulf, belongs to the people of the United States, and they mean

to hold and keep it. We shall neither alter our school-books nor revise

our maps." So say the American people, rising in their wrath.

The practical question with which Mr. Lincoln's administration had to

deal in the first place was, Whether a popular government is strong

enough to suppress a military rebellion? And that may be regarded as

already settled. But the grounds upon which that rebellion is justified

involve the vital facts of national unity, and even of national

existence. As a people, we have always been extremely tolerant of

theories, however absurd. There is hardly a doctrine of constitutional

law so clear and well settled, that it is not, from time to time,

discussed and disputed among us. But when it comes to reducing

mischievous speculations to practice, the case is altered, and the

practical genius of the people begins to manifest itself. Thus, the

Kentucky and Virginia Resolutions of '98 and '99 declared the Federal

Constitution to be merely a compact between sovereign States, created

for a special and limited purpose; and that each party to the compact

was the exclusive and final judge for itself of the construction of the

contract, with a right to determine for itself when it was violated, and

the measure and mode of redress. As a theory, this doctrine has been

very extensively accepted. Great parties have adopted it as their

platform, and elections have been carried upon it. Its value as a

support to the dignity and self-importance of local politicians was

readily apprehended by them; and it was in perfect harmony with the tone

of bluster which pervaded our politics. The thorough refutation which it

always encountered, whenever it was seriously considered, never seemed

to do its popularity any harm. In truth, mere vaporing hurt nobody, and

caused no great alarm. But when the Hartford Convention was suspected

of covering a little actual heat under the smoke of the customary

resolutions and protests, a bucket of cold water was thrown over it.

When, in 1832, South Carolina developed a spark of real fire, the nation

put its foot on it. And now, when the torch of rebellion has been

circulating among very inflammable materials, until a serious

conflagration is threatened, the instinct of self-preservation has

roused the energies of the whole people for its immediate, complete, and

final extinction.

The present insurrection has been so long meditated, the approaches to

its final consummation have been so steadily made, and the schemes of

the principal traitors have been so well planned and carefully matured,

that they have almost succeeded in making the vocabulary of treason a

part of the vernacular of the country. We all talk of the States which

have seceded or are going to secede,--of a fratricidal war,--of the

measures which this or the other State is determined or likely to adopt;

and a great deal has been said about State sovereignty, and coercion of

a State, and the invasion of the soil of one State and another. There

has been large discussion in times past of the danger of a dissolution

of the Union. Indeed, this danger has been so often held up as a threat

by one section, and so persistently used as a scarecrow by timid or

profligate men in the other, that it has become one of the commonplaces

of political contests. Our ears have hardly ceased to be tormented with

projects of reconstruction, and with suggestions of guaranties, and

pacifications, and mediation, and neutrality, armed or otherwise.

Border-State Conventions are projected, and well-meaning governors have

been arranging interviews or conducting correspondence with governors

who talked of Southern rights, and undertook to say what their States

would or would not permit the United States Government to do. Even a

Cabinet officer, of whom better things might have been expected, and by

whom better things are now nobly said and done, allowed himself to fall

into the error of explaining to the vacillating Governor of Maryland

that the intentions of the National Administration were purely

defensive. While such language is current at home, it is not strange

that foreigners should find themselves in a state of hopeless confusion

about us. Few European writers, except De Tocqueville, have ever shown a

clear comprehension of our political system; and the speeches of British

statesmen on American affairs are perhaps rather to be accounted for and

excused from want of information, than resented as hostile or insulting.

But it is time that this whole pernicious dialect should be exploded,

and the ideas which it represents be eradicated from the minds of

intelligent men everywhere.

The right of revolution it is needless to discuss. Resistance, in any

practicable method, to intolerable oppression, is the natural right of

every human being, and of course of every community. But such a right

is never included in the framework of organized civil society. From its

nature, it can form no part of a plan of government. The only formula

which embraces it is the famous one of "Monarchy tempered by Regicide";

and where that prevails, it seems to be adopted as a practical

expedient, rather than recognized as an established constitutional

maxim. But as a question of revolution the issue is not presented. If

it were, it would be easy to deal with. The only embarrassment in our

present condition, so far as reasoning goes, arises from confused

notions of constitutional law, and the inaccuracy of language which

necessarily attends them. In order, therefore, to know what is before

us, let us first see where we stand.

The London "Times" informs the people of England, that "the resolution

of the North to crush Secession by force involves a denial of the right

of each one of the seceding States to determine the conditions of its

own national existence." Precisely so. It involves all that; but the

whole fact comprehends a great deal more. Not one of the States of the

American Union has any national existence, or ever had any, in the sense

in which the "Times" uses the phrase. Not one of them has any of the

functions or qualities of a nation. In the case of the greater part of

the States in which the rebellion exists, the United States bought and

paid for the territory which they occupy, made States of them under its

own Constitution and laws, upon certain conditions made irrevocable

by the act which created them, and reserved the forts, arsenals, and

custom-houses which their treasonable citizens have since undertaken

to steal. The fundamental idea of the American system is local

self-government for local purposes, and national unity for national

purposes. Our national union is synonymous with our national existence.

When we speak of sovereign and independent States, the phrase has no

other just meaning than that each State is independent of every other in

all matters exclusively appertaining to its own powers and duties, and

sovereign upon all subjects which have not been committed exclusively

to the jurisdiction of the Federal Government. Any encroachment by the

Government of the United States upon the lawful jurisdiction of the

several States would be resisted as a usurpation; but the "reserved

rights" of the States, _ex vi termini_, cannot include any of the

attributes of power which the people of the whole country have conferred

upon the Union. But further,--and this is a point of great practical

importance,--the Federal Government has no relation to the several

States as States, and they have no relations to it, or to each other,

except so far as these relations are expressly defined and specified in

the National Constitution. Beyond these, the authority and jurisdiction

of the nation address themselves and are applied to the individual

citizens of all the States alike. "The king can do no wrong," is the

maxim of English law. A State of the American Union cannot secede, or

commit treason, or make war upon the United States. So the United States

cannot, and do not, make war upon any State. Virginia, for all national

purposes, belongs to the United States,--exactly as it belongs to the

State, for the purposes of local administration. In theory, and in

practice, the State of Virginia is at this moment a peaceful and

faithful member of the American Union. Her Senators and Representatives,

except so far as individuals among them may have disqualified themselves

by resignation, or, what may be held to be equivalent, by deserting

their posts to array themselves in active hostility to their country,

are still entitled to their seats in Congress. The State may be overrun

by armed insurgents, resisting the Federal authority; but so it might be

by a foreign army. The peaceful citizens, who remain faithful to their

constitutional obligations, are entitled to the aid of the national

power to suppress domestic insurrection, whatever proportions that

insurrection may assume. The soldiers of the United States, lawfully

mustered to resist invasion or put down rebellion, have nothing to do

with State lines, and act in perfect harmony with all legitimate State

action. They can no more invade a State than if they were in it to

resist a foreign enemy, or than a United States marshal invades it

when he goes to arrest a counterfeiter. The "Times" would have little

difficulty in understanding a denial of the right of the Isle of Man, or

of Lancashire, or of Ireland, "to determine the conditions of its own

national existence."

There is another fallacy in speaking of the resolution of the North to

crush Secession by force. It is the resolution of the nation,--of all

that is faithful and loyal in it, wherever found. The people of the

Southern States have not had any fair opportunity to express their

opinions. The military usurpers have allowed nothing to be submitted to

the test of a popular vote, except where they were able to take such

measures of precaution, in the way of hanging, confiscation, banishment,

disarming opponents, and the presence of an armed force which should

overawe dissenters, as might secure the unanimity they desired. There

is undoubtedly much more loyalty in the Northern than in the Southern

States of the Union, as there is less of passion, and more of

intelligence and principle,--although treason has, till very lately,

found more than enough apologists or abettors even in the Free States.

But the spirit which now actuates our people has little that is

sectional in it, and the principles at issue have the same application

to Maine that they have to Florida.

When we ask, then, where this rebellion will leave us, and what will be

the condition of the United States when the authority of the Government

has been vindicated and reëstablished, the answer must be sought in the

considerations already suggested. The rebellion cannot be ended, until

we have settled as a principle of constitutional law for our own

citizens, and as a fact of which all other nations must take notice,

that this whole country belongs to the people of the United States. No

foreign power shall possess a foot of it. If the majority of the people

of a State can throw off their allegiance to the Union, they can

transfer their allegiance to England or Spain at their pleasure, as

well as to a new confederacy of their own devising. The battles of the

Revolution which secured our independence were fought by the whole

country, and for the whole country, without reference to local

majorities. The accessions to our territory were made by the nation as

a unit, and belong to it as such. We did not acquire Texas, and pay the

millions of its debt, with the reservation that it might sell itself

again the next day to the highest bidder. That no foreign dominion shall

interpose between the Northwest and the Atlantic, or between the Valley

of the Mississippi and the Gulf, is a geographical necessity. But

that, the American Union is indissoluble is essential to our national

existence. If that be not so, we have neither a flag nor a country,--we

can neither contract a debt nor make a treaty,--we have neither honor

abroad nor strength at home,--our experiment of free government is a

blunder and a failure, and for us, "Chaos has come again."

But the further question remains, In what way is it possible that

harmony shall be restored between the parts of the country through which

the rebellion has spread and those which have remained faithful to the

Constitution and the Union? When we have dispersed the armies of the

rebels, and demolished their batteries, and retaken our forts

and arsenals, our navy-yards and armories, our mints and

custom-houses,--when we have visited their leaders with retributive

justice, and made Richmond and Charleston and New Orleans as submissive

to lawful authority as Baltimore or Washington or Boston,--what then?

Will a people we have subjugated ever live with us again on terms of

equality and friendship? Can the wounded pride of the Ancient Dominion

be so far soothed that she can allow us again to bask in the sunshine

of her favor? Will she ever consent to resume her old superiority, and

furnish our audacious army and navy with officers, our committees with

chairmen, and our departments with clerks? Or must we, for a generation,

hold the States we have subdued by military occupation? Must we make

Territories of them, and blot out those malignant stars from our

glorious and triumphant banner?

In all seriousness, there seems but one solution to the problem; and

it must be found, if at all, in the proposition already stated, that

treason is an individual act. A State cannot rebel, as it cannot secede.

A governor of a State may rebel, and a majority of a legislature may

join an insurrection, as a governor or legislators may commit larceny

or join a piratical expedition. But whoever arrays himself in armed

opposition to the Government of the United States, or gives aid and

comfort to its enemies, becomes thereby merely a private rebel and

traitor. Whatever office he may fill, with whatever functions of local

government he may be intrusted, by whatever name he may be called,

governor or judge, senator or representative, it is the treason of the

citizen, and not of the officer. And as a State has no legal existence

except as a member of the Union, and has no constitutional powers or

functions or capacities but those which it exercises in harmony with and

subordination to the rightful authority of the Federal Government, so

the loyal and faithful inhabitants of a State, and they only, constitute

the State. Mr. Mason tells the people of Virginia, that those of them

who, in their consciences, cannot vote to separate Virginia from the

United States, if they retain such opinions, must leave the State. We

thank him for teaching us that word. When the tables are turned, it will

form a valuable theme for his private meditation. The unconditional

Union men, who are of and for their country against all comers, who

neither commit treason openly nor disguise their cowardly treachery

under the shallow cover of neutrality, are to wield the power of their

respective States, and to be the only recognized inhabitants. All others

must submit or fly. If the Governor and Legislature of Virginia have

renounced their allegiance to the United States, and undertaken to

establish a foreign jurisdiction in a portion of our territory, their

relation to that State becomes substantially the same as if they had

gone on board a British fleet in the Chesapeake, or enlisted under the

standard of an invading army. They have abdicated their offices, which

thereby become vacant. It was for "having endeavored to subvert the

constitution of the kingdom by breaking the original contract between

king and people, violated the fundamental laws, and having withdrawn

himself out of the kingdom," that James II. was declared by the House

of Commons to have abdicated the government. Would it have been less an

abdication, if he had remained within the realm, and attempted to hold

it as the viceroy of France? When, in June, 1775, Governor Dunmore and

his Council took refuge on board a British man-of-war, the Virginians of

that day proceeded to meet in convention, and provide new officers to

manage the affairs of their State. Let this historical precedent be

followed now. Wherever, in either of the States which the rebels have

sought to appropriate, the loyal citizens can find a spot in which they

can meet in safety, let them meet by their delegates in convention, and

adopt the necessary measures to elect new officers under their present

constitutions. The only irregularity will be what results from the

fact that treason in such high places and on so large a scale was not

contemplated, nor was a remedy furnished for it, in their frame of

government. It is merely a case not provided for, and the omission must

be supplied in the most practicable way. The new organization should and

undoubtedly would be recognized by the National Government, and by the

other States, as, _de facto_ and _de jure_, the State. It was settled

in the Rhode Island case, under Tyler's administration, that, where

different portions of the people claim to hold and exercise the powers

of a State government, it presents a political question which the

National Executive and Congress must decide; and that judicial

recognition must follow and conform to the political decision.

When, by such a course, the proper relations and functions of each State

should be resumed, there would no longer be any matter of State pride

to interfere with the absolute assertion of national authority. The new

State governments would be protected against armed assailants at home

and invasion from abroad; they would apply for and obtain assistance to

suppress domestic insurrection; every misguided insurgent would have

opportunity to return to his duty under the protection of his own local

authorities; appropriations for the army and navy could be passed with

the aid of Tennessee and Alabama votes in Congress; and Davis, and

Tyler, and Mason be hung upon the verdict of a jury of the vicinage.

In Virginia, a movement based upon this principle has been already

inaugurated. From Western Virginia, the progress toward Eastern

Tennessee and Northern Alabama is natural and certain. The worst case to

deal with, unquestionably, is South Carolina. Hers is a peculiar

people, and zealous, though scarcely of good works. That fiery little

Commonwealth is remarkably constituted. The State is inhabited

principally by negroes; and the remaining minority may be divided into

two classes,--whites who are dependent upon negroes for a subsistence,

and whites whose chief distinction in life and great consolation is that

they are not negroes. The former and much the smaller class possess all

the wealth, all the cultivation, and all the political power, which

they are enabled to retain by an ingenious and systematic use of the

prejudices and passions of the latter. They are reputed to have much

earnestness of conviction, and claim an unusual amount of gallantry and

courage for their soldiers; though it is noticeable that their principal

exploits in our time have been the seizure of friendless colored

sailors, and selling them into slavery,--the achievement of that knight

of the bludgeon, the representative whose noble deed his constituents

could hardly admire enough, but the better part of whose valor was

the discretion that preferred to encounter his antagonist sitting and

incapable of resistance,--and lastly, that heroic and bloodless victory

at Fort Sumter, where imperishable glory was won by the ten thousand who

conquered the seventy. They seem now to be united, and substantially

unanimous. What elements a little adversity would develop in them, time

must determine. Whether there is any reserve of patriotism and fidelity,

overawed and silenced now, but which will come forth to serve as the

nucleus of reconstruction when it can find protection and security, or

whether we must wait for a new generation to grow up, remains to be

tried. Their leaders are subtle reasoners, and it has been shrewdly

observed of them that "they never shrink from following their logic to

its consequences because the conclusion is _immoral_." Perhaps they will

find no more difficulty in accepting the arguments we shall address to

them because the conclusion is a little humiliating. In their case, we

shall have little need to concern ourselves about the wishes of a local

majority. The fact that a majority are blacks, to begin with, must

deprive that consideration of all its force, even to their own

apprehension. It will not be the first time that they have received a

benefit which did not agree with the wishes of the greater part of those

upon whom it was bestowed. The men of Rhode Island and Massachusetts who

achieved the independence of South Carolina did not stop to consider

whether a majority of her white inhabitants were Tories.

When we hear that the colonel of a regiment of Secessionists sends a

flag of truce to Fort Monroe to ask for the return of his fugitive

slaves under the Constitution and laws of the United States, a painful

doubt must be suggested whether such gentlemen really believe themselves

to be so wholly and utterly out of the Union as the theory of Secession

would indicate. And when the novel, but very sensible doctrine with

which that singular demand was met, that slaves are to be regarded as

articles contraband of war, chattels capable of a military use, a kind

of locomotive gun-carriages and intrenching-tools, and as such to be

taken and confiscated when found belonging to armed rebels, shall have

been practically applied for a time, with its natural and obvious

result, it may be that even the Palmetto State will exhibit some general

symptoms of returning reason.

The Atlantic Monthly, Volume 08, No. 46, August, 1861 A Magazine of Literature, Art, and Politics · 第 23 / 37 题