CHAPTER XIV.

Early Foreshadowings.--Opinions of Mr. Madison and Mr. Rufus

King.--Safeguards provided.--Their Failure.--State

Interposition.--The Kentucky and Virginia Resolutions.--Their

Endorsement by the People in the Presidential Elections of 1800

and Ensuing Terms.--South Carolina and Mr. Calhoun.--The

Compromise of 1833.--Action of Massachusetts in

1843-'45.--Opinions of John Quincy Adams.--Necessity for

Secession.

From the earliest period, it was foreseen by the wisest of our statesmen

that a danger to the perpetuity of the Union would arise from the

conflicting interests of different sections, and every effort was made

to secure each of these classes of interests against aggression by the

other. As a proof of this, may be cited the following extract from Mr.

Madison's report of a speech made by himself in the Philadelphia

Convention on the 30th of June, 1787:

"He admitted that every peculiar interest, whether in any class

of citizens or any description of States, ought to be secured as

far as possible. Wherever there is danger of attack, there ought

to be given a constitutional power of defense. But he contended

that the States were divided into different interests, not by

their difference of size, but by other circumstances; the most

material of which resulted from climate, but principally from

the effects of their having or not having slaves. These two

causes concurred in forming the great division of interests in

the United States. It did not lie between the large and small

States; it lay between the Northern and Southern; and, if any

defensive power were necessary, it ought to be mutually given to

these two interests."[105]

Mr. Rufus King, a distinguished member of the Convention from

Massachusetts, a few days afterward, said, to the same effect: "He was

fully convinced that the question concerning a difference of interests

did not lie where it had hitherto been discussed, between the great and

small States, but between the Southern and Eastern. For this reason he

had been ready to yield something, in the proportion of representatives,

for the security of the Southern.... He was not averse to giving them a

still greater security, but did not see how it could be done."[106]

The wise men who formed the Constitution were not seeking to bind the

States together by the material power of a majority; nor were they so

blind to the influences of passion and interest as to believe that paper

barriers would suffice to restrain a majority actuated by either or both

of these motives. They endeavored, therefore, to prevent the conflicts

inevitable from the ascendancy of a sectional or party majority, by so

distributing the powers of government that each interest might hold a

check upon the other. It was believed that the compromises made with

regard to representation--securing to each State an equal vote in the

Senate, and in the House of Representatives giving the States a weight

in proportion to their respective population, estimating the negroes as

equivalent to three fifths of the same number of free whites--would have

the effect of giving at an early period a majority in the House of

Representatives to the South, while the North would retain the

ascendancy in the Senate. Thus it was supposed that the two great

sectional interests would be enabled to restrain each other within the

limits of purposes and action beneficial to both.

The failure of these expectations need not affect our reverence for the

intentions of the fathers, or our respect for the means which they

devised to carry them into effect. That they were mistaken, both as to

the maintenance of the balance of sectional power and as to the fidelity

and integrity with which the Congress was expected to conform to the

letter and spirit of its delegated authority, is perhaps to be ascribed

less to lack of prophetic foresight, than to that over-sanguine

confidence which is the weakness of honest minds, and which was

naturally strengthened by the patriotic and fraternal feelings resulting

from the great struggle through which they had then but recently passed.

They saw, in the sufficiency of the authority delegated to the Federal

Government and in the fullness of the sovereignty retained by the

States, a system the strict construction of which was so eminently

adapted to indefinite expansion of the confederacy as to embrace every

variety of production and consequent diversity of pursuit. Carried out

in the spirit in which it was devised, there was in this system no

element of disintegration, but every facility for an enlargement of the

circle of the family of States (or nations), so that it scarcely seemed

unreasonable to look forward to a fulfillment of the aspiration of Mr.

Hamilton, that it might extend over North America, perhaps over the

whole continent.

Not at all incompatible with these views and purposes was the

recognition of the right of the States to reassume, if occasion should

require it, the powers which they had delegated. On the contrary, the

maintenance of this right was the surest guarantee of the perpetuity of

the Union, and the denial of it sounded the first serious note of its

dissolution. The conservative efficiency of "_State interposition_," for

maintenance of the essential principles of the Union against aggression

or decadence, is one of the most conspicuous features in the debates of

the various State Conventions by which the Constitution was ratified.

Perhaps their ideas of the particular form in which this interposition

was to be made may have been somewhat indefinite; and left to be reduced

to shape by the circumstances when they should arise, but the principle

itself was assumed and asserted as fundamental. But for a firm reliance

upon it, as a sure resort in case of need, it may safely be said that

the Union would never have been formed. It would be unjust to the wisdom

and sagacity of the framers of the Constitution to suppose that they

entirely relied on paper barriers for the protection of the rights of

minorities. Fresh from the defense of violated charters and faithless

aggression on inalienable rights, it might, _a priori_, be assumed that

they would require something more potential than mere promises to

protect them from human depravity and human ambition. That they did so

is to be found in the debates both of the General and the State

Conventions, where State interposition was often declared to be the

bulwark against usurpation.

At an early period in the history of the Federal Government, the States

of Kentucky and Virginia found reason to reassert this right of State

interposition. In the first of the famous resolutions drawn by Mr.

Jefferson in 1798, and with some modification adopted by the Legislature

of Kentucky in November of that year, it is declared 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; that this

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, and not the Constitution, the measure of its

powers; but that, as in all other cases of compact among parties 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_."

In the Virginia resolutions, drawn by Mr. Madison, adopted on the 24th

of December, 1798, and reaffirmed in 1799, the General Assembly of that

State declares that "it views the powers of the Federal Government as

resulting from the compact, to which the States are parties, as limited

by the plain sense and intention of the instrument constituting that

compact, as no further valid than they are authorized by the grants

enumerated in that compact; and that, in case of a deliberate, palpable,

and dangerous exercise of other powers, not granted by the said compact,

the States, who are parties thereto, have the right, and are in duty

bound, to interpose, for arresting the progress of the evil, and for

maintaining within their respective limits the authorities, rights, and

liberties, appertaining to them." Another of the same series of

resolutions denounces the indications of a design "to consolidate the

States by degrees into one sovereignty."

These, it is true, were only the resolves of two States, and they were

dissented from by several other State Legislatures--not so much on the

ground of opposition to the general principles asserted as on that of

their being unnecessary in their application to the alien and sedition

laws, which were the immediate occasion of their utterance.

Nevertheless, they were the basis of the contest for the Presidency in

1800, which resulted in their approval by the people in the triumphant

election of Mr. Jefferson. They became part of the accepted creed of the

Republican, Democratic, State-Rights, or Conservative party, as it has

been variously termed at different periods, and as such they were

ratified by the people in every Presidential election that took place

for sixty years, with two exceptions. The last victory obtained under

them, and when they were emphasized by adding the construction of them

contained in the report of Mr. Madison to the Virginia Legislature in

1799, was at the election of Mr. Buchanan--the last President chosen by

vote of a party that could with any propriety be styled "national," in

contradistinction to sectional.

At a critical and memorable period, that pure spirit, luminous

intellect, and devoted adherent of the Constitution, the great statesman

of South Carolina, invoked this remedy of State interposition against

the Tariff Act of 1828, which was deemed injurious and oppressive to his

State. No purpose was then declared to coerce the State, as such, but

measures were taken to break the protective shield of her authority and

enforce the laws of Congress upon her citizens, by compelling them to

pay outside of her ports the duties on imports, which the State had

declared unconstitutional, and had forbidden to be collected in her

ports.

There remained at that day enough of the spirit in which the Union had

been founded--enough of respect for the sovereignty of States and of

regard for the limitations of the Constitution--to prevent a conflict of

arms. The compromise of 1833 was adopted, which South Carolina agreed to

accept, the principle for which she contended being virtually conceded.

Meantime there had been no lack, as we have already seen, of assertions

of the sovereign rights of the States from other quarters. The

declaration of these rights by the New England States and their

representatives, on the acquisition of Louisiana in 1803, on the

admission of the State of that name in 1811-'12, and on the question of

the annexation of Texas in 1843-'45, have been referred to in another

place. Among the resolutions of the Massachusetts Legislature, in

relation to the proposed annexation of Texas, adopted in February, 1845,

were the following:

"2. _Resolved_, That there has hitherto been no precedent of the

admission of a foreign state or foreign territory into the Union

by legislation. And as the powers of legislation, granted in the

Constitution of the United States to Congress, do not embrace a

case of the admission of a foreign state or foreign territory,

by legislation, into the Union, such an act of admission _would

have no binding force whatever on the people of Massachusetts_.

"3. _Resolved_, That the power, _never having been granted by

the people of Massachusetts_, to admit into the Union States and

Territories not within the same when the Constitution was

adopted, _remains with the people, and can only be exercised in

such way and manner as the people shall hereafter designate and

appoint_."[107]

To these stanch declarations of principles--with regard to which

(leaving out of consideration the particular occasion that called them

forth) my only doubt would be whether they do not express too decided a

doctrine of nullification--may be added the avowal of one of the most

distinguished sons of Massachusetts, John Quincy Adams, in his discourse

before the New York Historical Society, in 1839:

"Nations" (says Mr. Adams) "acknowledge no judge between them

upon earth; and their governments, from necessity, must, in

their intercourse with each other, decide when the failure of

one party to a contract to perform its obligations absolves the

other from the reciprocal fulfillment of its own. But this last

of earthly powers is not necessary to the freedom or

independence of States connected together by the immediate

action of the people of whom they consist. To the people alone

is there reserved as well the dissolving as the constituent

power, and that power can be exercised by them only under the

tie of conscience, binding them to the retributive justice of

Heaven.

"With these qualifications, we may admit the same right as

vested in the _people of every State_ in the Union, with

reference to the General Government, which was exercised by the

people of the united colonies with reference to the supreme head

of the British Empire, of which they formed a part; and under

these limitations have the people of each State in the Union a

right to secede from the confederated Union itself.

"Thus stands the RIGHT. But 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 bonds 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 disunited 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

center."

Perhaps it is unfortunate that, in earlier and better times, when the

prospect of serious difficulties first arose, a convention of the States

was not assembled to consider the relations of the various States and

the Government of the Union. As time rolled on, the General Government,

gathering with both hands a mass of undelegated powers, reached that

position which Mr. Jefferson had pointed out as an intolerable evil--the

claim of a right to judge of the extent of its own authority. Of those

then participating in public affairs, it was apparently useless to ask

that the question should be submitted for decision to the parties to the

compact, under the same conditions as those which controlled the

formation and adoption of the Constitution; otherwise, a convention

would have been utterly fruitless, for at that period, when aggression

for sectional aggrandizement had made such rapid advances, it can

scarcely be doubted that more than a fourth, if not a majority of

States, would have adhered to that policy which had been manifested for

years in the legislation of many States, as well as in that of the

Federal Government. What course would then have remained to the Southern

States? Nothing, except either to submit to a continuation of what they

believed and felt to be violations of the compact of union, breaches of

faith, injurious and oppressive usurpation, or else to assert the

sovereign right to reassume the grants they had made, since those grants

had been perverted from their original and proper purposes.

Surely the right to resume the powers delegated and to judge of the

propriety and sufficiency of the causes for doing so are alike

inseparable from the possession of sovereignty. Over sovereigns there is

no common judge, and between them can be no umpire, except by their own

agreement and consent. The necessity or propriety of exercising the

right to withdraw from a confederacy or union must be determined by each

member for itself. Once determined in favor of withdrawal, all that

remains for consideration is the obligation to see that no wanton damage

is done to former associates, and to make such fair settlement of common

interests as the equity of the case may require.

[Footnote 105: "Madison Papers," p. 1006.]

[Footnote 106: Ibid., pp. 1057, 1058.]

[Footnote 107: "Congressional Globe," vol. xiv, p. 299.]

The Rise and Fall of the Confederate Government, Volume 1 · 第 14 / 25 章