APPENDIX.

These Resolutions became the occasion of controversy, and

occupied public attention. They have been considered the

starting-point of Reconstruction, although the primary object

on their introduction was to strike at Slavery. The principle

here enunciated, that Slavery, being without support in

the Constitution or in natural right, fell with the local

governments on which it depended, seemed to Mr. Sumner

impregnable, and he never ceased to regret that it was not

authoritatively announced at an early day, believing that such

a juridical truth adopted by the Government would have smoothed

the way, while it hastened the great result. The essential

difficulty proceeded from the indisposition to Emancipation;

for here was only another form of the perpetual question,

“Shall the slaves be set free?”

Towards the close of the war, Mr. Everett, in an eloquent

speech at Faneuil Hall, gave his valuable authority in favor of

this principle.

“I will add, that it is very doubtful whether any act

of the Government of the United States was necessary to

liberate the slaves in a State which is in rebellion. There

is much reason for the opinion, that, by the simple act

of levying war against the United States, the relation of

Slavery was terminated, certainly so far as concerns the

duty of the United States to recognize it or to refrain

from interfering with it. Not being founded on the Law of

Nature, and resting solely on positive local law, and that

not of the United States, as soon as it becomes either

the motive or pretext of an unjust war against the Union,

an efficient instrument in the hands of the Rebels for

carrying on the war, a source of military strength to the

Rebellion and of danger to the Government at home and

abroad, with the additional certainty, that, in any event

but its abandonment, it will continue in all future time

to work these mischiefs, who can suppose it is the duty of

the United States to continue to recognize it? To maintain

this would be a contradiction in terms.… No such absurdity

can be admitted; and any citizen of the United States, from

the President down, who should by any overt act recognize

the duty of a slave to obey a Rebel master in a hostile

operation, would himself be giving aid and comfort to the

enemy.”[144]

Dr. Brownson’s judgment was the same way, as appears in a

citation on a subsequent page.

Besides the enunciation of this juridical truth, which,

frankly adopted, must have put an end to Slavery legally and

constitutionally in the Rebel States, the Resolutions further

asserted the jurisdiction of Congress over these States, and

the duty to establish republican government therein,--in other

words, the plenary power and duty of Reconstruction. Although

these were formally denied, yet the power was practically

recognized and the duty was followed, but only after injurious

delay and the conflict of debate.

The Resolutions were especially criticized, in the Senate and

out of it, for what was termed the doctrine of “State Suicide,”

and “the lapse of States into Territories.” They were described

as proposing to reduce States into Territories. Naturally, the

sentiment of State Rights was aroused.

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