CHAPTER XII.

Coercion the Alternative to Secession.--Repudiation of it by the

Constitution and the Fathers of the Constitutional

Era.--Difference between Mr. Webster and Mr. Hamilton.

The alternative to secession is coercion. That is to say, if no such

right as that of secession exists--if it is forbidden or precluded by

the Constitution--then it is a wrong; and, by a well settled principle

of public law, for every wrong there must be a remedy, which in this

case must be the application of force to the State attempting to

withdraw from the Union.

Early in the session of the Convention which formed the Constitution, it

was proposed to confer upon Congress the power "to call forth the force

of the Union against any member of the Union failing to fulfill its duty

under the articles thereof." When this proposition came to be

considered, Mr. Madison observed that "a union of the States containing

such an ingredient seemed to provide for its own destruction. The use of

force against a State would look more like a declaration of war than an

infliction of punishment, and would probably be considered by the party

attacked as a dissolution of all previous compacts by which it might be

bound. He hoped that such a system would be framed as might render this

recourse unnecessary, and moved that the clause be postponed." This

motion was adopted _nem. con._, and the proposition was never again

revived.[96] Again, on a subsequent occasion, speaking of an appeal to

force, Mr. Madison said: "Was such a remedy eligible? Was it

practicable?... Any government for the United States, formed on the

supposed practicability of using force against the unconstitutional

proceedings of the States, would prove as visionary and fallacious as

the government of Congress."[97] Every proposition looking in any way to

the same or a similar object was promptly rejected by the convention.

George Mason, of Virginia, said of such a proposition: "Will not the

citizens of the invaded State assist one another, until they rise as one

man and shake off the Union altogether?"[98]

Oliver Ellsworth, in the ratifying Convention of Connecticut, said:

"This Constitution does not attempt to coerce _sovereign bodies,

States_, in their political capacity. No coercion is applicable to such

bodies but that of an armed force. If we should attempt to execute the

laws of the Union by sending an armed force against a delinquent State,

it would involve the good and bad, the innocent and guilty, in the same

calamity."[99]

Mr. Hamilton, in the Convention of New York, said: "To coerce the States

is one of the maddest projects that was ever devised.... What picture

does this idea present to our view? A complying State at war with a

non-complying State: Congress marching the troops of one State into the

bosom of another ... Here is a nation at war with itself. Can any

reasonable man be well disposed toward a government which makes war and

carnage the only means of supporting itself--a government that can exist

only by the sword?... But can we believe that one State will ever suffer

itself to be used as an instrument of coercion? The thing is a dream--it

is impossible."[100]

Unhappily, our generation has seen that, in the decay of the principles

and feelings which animated the hearts of all patriots in that day, this

thing, like many others then regarded as impossible dreams, has been

only too feasible, and that States have permitted themselves to be used

as instruments, not merely for the coercion, but for the destruction of

the freedom and independence of their sister States.

Edmund Randolph, Governor of Virginia, although the mover of the

original proposition to authorize the employment of the forces of the

Union against a delinquent member, which had been so signally defeated

in the Federal Convention, afterward, in the Virginia Convention, made

an eloquent protest against the idea of the employment of force against

a State. "What species of military coercion," said he, "could the

General Government adopt for the enforcement of obedience to its

demands? Either an army sent into the heart of a delinquent State, or

blocking up its ports. Have we lived to this, then, that, in order to

suppress and exclude tyranny, it is necessary to render the most

affectionate friends the most bitter enemies, set the father against the

son, and make the brother slay the brother? Is this the happy expedient

that is to preserve liberty? Will it not destroy it? If an army be once

introduced to force us, if once marched into Virginia, figure to

yourselves what the dreadful consequence will be: the most lamentable

civil war must ensue."[101]

We have seen already how vehemently the idea of even _judicial_ coercion

was repudiated by Hamilton, Marshall, and others. The suggestion of

_military_ coercion was uniformly treated, as in the above extracts,

with still more abhorrence. No principle was more fully and firmly

settled on the highest authority than that, under our system, there

could be no coercion of a State.

Mr. Webster, in his elaborate speech of February 16, 1833, arguing

throughout against the sovereignty of the States, and in the course of

his argument sadly confounding the ideas of the Federal Constitution and

the Federal Government, as he confounds the sovereign people of the

States with the State governments, says: "The States _can not_ omit to

appoint Senators and electors. It is not a matter resting in State

discretion or State pleasure.... No member of a State Legislature can

refuse to proceed, at the proper time, to elect Senators to Congress, or

to provide for the choice of electors of President and Vice-President,

any more than the members can refuse, when the appointed day arrives, to

meet the members of the other House, to count the votes for those

officers and ascertain who are chosen."[102] This was before the

invention in 1877 of an electoral commission to relieve Congress of its

constitutional duty to count the vote. Mr. Hamilton, on the contrary,

fresh from the work of forming the Constitution, and familiar with its

principles and purposes, said: "It is certainly true that the State

Legislatures, by forbearing the appointment of Senators, may destroy the

national Government."[103]

It is unnecessary to discuss the particular question on which these two

great authorities are thus directly at issue. I do not contend that the

State Legislatures, of their own will, have a right to forego the

performance of any Federal duty imposed upon them by the Constitution.

But there is a power beyond and above that of either the Federal or

State governments--the power of the people of the State, who ordained

and established the Constitution, as far as it applies to themselves,

reserving, as I think has been demonstrated, the right to reassume the

grants of power therein made, when they deem it necessary for their

safety or welfare to do so. At the behest of this power, it certainly

becomes not only the right, but the duty, of their State Legislature to

refrain from any action implying adherence to the Union, or partnership,

from which the sovereign has withdrawn.

[Footnote 96: "Madison Papers," pp. 732, 761.]

[Footnote 97: Ibid., p. 822.]

[Footnote 98: Ibid., p. 914.]

[Footnote 99: Elliott's "Debates," vol. ii, p. 199.]

[Footnote 100: Ibid., pp. 232, 233.]

[Footnote 101: Elliott's "Debates," vol. iii, p. 117.]

[Footnote 102: "Congressional Debates," vol. ix, Part I, p. 566.]

[Footnote 103: "Federalist," No. lix.]

The Rise and Fall of the Confederate Government, Volume 1 · 第 12 / 25 章