CHAPTER VI

=The Right to Withdraw=

The causes which led to the secession of the Southern States have never

been given, and when they are compared with those which led to the

American Revolution as given by the First Continental Congress, the latter

sink into comparative insignificance. A large portion of the wrongs

complained of in the Declaration of Independence were acts committed after

the commencement of the collisions between the British troops and the

Colonists, and if these were compared with those committed by the Federal

troops in the beginning of the war, in Maryland, Kentucky and Missouri, to

say nothing of the long list of outrages perpetrated during its progress,

the indictment against King George contained in the eloquent language of

the Declaration of Independence, would be a very tame affair in comparison

with that which could be preferred against the Government at Washington.

The third article of the Confederation had specified the object for which

it had been formed, and that it was "A firm league of friendship" for

the common defence, the security of the liberties and the mutual and

general welfare, and that the states bound themselves to assist each

other against all force offered to or attacks made upon them or any of

them "on account of religion, sovereignty, trade or any other pretense

whatever." The preamble to the Constitution recites that it was made "to

form a more perfect union." More perfect how? To the subversion of the

liberties and sovereignty of the states? Had the conduct of the Northern

States been that of the members of "a firm league and friendship?" And

when they had so flagrantly violated and neglected the plain stipulations

of the Constitution, did not the Southern States have the same right to

withdraw from the connection with them, that the colonies had to withdraw

from the connection with Great Britain, because the government which had

been instituted for "the common defence and general welfare" had become

"destructive of those ends?"

Who was to judge of whether there was a necessity for severing the

connection, the oppressor or the oppressed? If the former, then the

decision would have been against the colonies. If colonies, the mere

offshoots from the mother country, could undertake to judge the

sufficiency of the grievances and the mode and measure of redress, could

not sovereign states which had framed the government of which they

complained, do the same thing? In seceding from the Union, the Cotton

States had acted as states, and not as factious individuals resisting

the laws or authority of the government. The right of no one had been

violated, and it was not proposed to violate the rights of any individuals

or states, but merely to dissolve a compact, the terms of which had been

violated. To undertake to coerce those states by military force was

subversive of the whole spirit and purpose of the Constitution, and made

the government the master, instead of the agent, of the powers which had

created it. This doctrine of coercion had never been asserted by any

respectable statesman since the foundation of the government, and was at

war with all of its principles and aims. When therefore the other states

were called upon to engage in this war of coercion against the Cotton

States, it was not only their right but their duty to resist. By the very

terms of the Constitution, it was made the duty of the Federal Government

to protect the states against invasion. Did that government have the right

to invade the state it was bound to protect? It was not authorized even

to protect the states against domestic violence except upon invitation

of the legislature or of the executive, when the legislature was not in

session. Was it authorized to create that domestic violence? The power

of coercion involved the anomalous consequence of reducing the states to

conquered provinces when exercised, and this involved the self-destruction

of the government itself.

In regard to this question of the right of the states to withdraw, and

the power of coercion, it is not inappropriate to call attention to the

following views expressed by Mr. Horace Greeley, one of the ablest writers

and firmest supporters of the Republican or abolition party. In an article

published in the _New York Tribune_ a few days after the election of

Lincoln in 1860, and reproduced in his work styled "The American Conflict"

he says:

"That was a base and hypocritic row that was once raised at Southern

dictation about the ears of John Quincy Adams, because he presented a

petition for the dissolution of the Union. The petitioner had a right to

make the request; it was the member's duty to present it. And now if the

Cotton States consider the value of the Union debatable, we maintain their

perfect right to discuss it. Nay! we hold, with Mr. Jefferson, to the

inalienable right of communities to alter or abolish forms of government

that have become injurious or oppressive, and if the Cotton States shall

decide that they can do better out of the Union than in it, we insist upon

letting them go in peace. The right to secede may be a revolutionary one

but it exists nevertheless, and we do not see how one party can have a

right to do what another party has a right to prevent. We must ever resist

the asserted right of any state to coercion in the Union, and nullify and

defy the laws thereof; to withdraw from the Union is quite another matter.

And whenever a considerable section of our Union shall deliberately

resolve to go out, we shall resist all coercive measures to keep it in.

We hope never to live in a republic whereof one section is pinned to

another by bayonets.

"But while we uphold the practical liberty, if not the abstract right of

secession, we must insist that the step be taken, if ever it shall be,

with the deliberation and gravity becoming so momentous an issue.

"Let ample time be given for reflection, let the subject be fully

canvassed before the people, and let a popular vote be taken in every case

before secession is decreed. Let the people be told just why they are

asked to break up the Confederation; let them reflect, deliberate, then

vote; and let the act of secession be the echo of an unmistakable popular

fiat. A judgment thus rendered, a demand for separation so backed, would

either be acquiesced in without effusion of blood, or those who rushed

upon carnage to defy or defeat it, would place themselves clearly in the

wrong."

It would be hard to conceive language more forcible for defining the

right of the states to withdraw and the wrong and criminality of the

attempt to coerce them when they had exercised that right, than this of

Mr. Greeley's. It derives additional force as coming from him, when it

is recollected that he had ever been inimical to the institutions of the

South, and it announced principles which had been previously asserted

in all questions of the Union, and underlay the whole superstructure of

a government which itself was founded on the right of revolution. It is

difficult to realize the fact that the man who uttered language like

that quoted, subsequently became one of the most strenuous advocates of

the war of coercion, which was waged on the Southern states. Mr. Greeley

cannot avoid the effect of his statement of the principles asserted in

his article, by contending that the act of separation was not "the echo

of an unmistakeable popular fiat," and that the Southern people were

precipitated into secession without due deliberation.

When the right to discuss, deliberate and decide, exists, those possessing

it, must necessarily be the sole judges of how it is to be exercised.

The Southern states did deliberate and did decide that they could no

longer remain in the Union with safety, and therefore they determined to

withdraw from it. If the Southern people had been hurried into secession

by their leaders, they are the parties to complain and to hold the guilty

ones responsible. They have not done so, and what right had Mr. Greeley

and his party to become their champions against their wishes? He and his

party are estopped from denying that the Southern people, did with almost

entire unanimity, adopt secession and willingly gave their support to the

cause of separation; for since their country was overrun by a superior

military force, their state governments overthrown; military despotisms

established over them; and in the effort to reconstruct the Union, the

great mass of the people disfranchised, and the right of suffrage given

to the freed slaves, because it was alleged that the Southern people were

still rebellious, and so wedded to the idea of secession, notwithstanding

the bitter experience of the war, that they could not be trusted with the

right to vote and hold office. All of this was done with Mr. Greeley's

full knowledge and sanction.

It has been shown how long, how earnestly, and how anxiously the question

was discussed in Virginia, and that secession was resorted to by that

state only when a war of coercion had been proclaimed, and she had been

required to furnish troops to carry it on. The state of Virginia believed,

with Mr. Greeley, that it would be a grievous wrong to "rush upon carnage

to defy and defeat" the right of the Cotton States to withdraw from the

Union; and she determined to do what he had declared his purpose of doing:

that is "resist all coercive measures." The ordinance of secession

was submitted to the popular vote at an election held more than one

month after its adoption by the convention, and it was ratified by an

overwhelming majority, thus showing beyond dispute that it was "the echo

of an unmistakable popular fiat." Did not "those who rushed upon carnage

to defy and defeat" "a judgment thus rendered, a separation so backed,"

"place themselves clearly in the wrong?"

Yet Virginia was the first of the seceding states invaded by the Federal

army; her towns and plains were devastated by a long and cruel war; her

people plundered, imprisoned and murdered; her territory severed, and a

new state erected within her limits, in violation of the Constitution

of the United States. Subsequently a military despotism was thrust upon

them, and the freed slaves were vested with the right of suffrage and the

capacity to hold office, while such wide measures of disfranchisement were

adopted that enough men competent to fill the petty offices of state,

even with those whose fears and cupidity led them to apostatize and the

influx of adventurers could not be found in all the limits of that old

commonwealth which has been designated "the mother of states and of

statesmen."

In the case of Maryland, Kentucky and Missouri, the people were overrun by

Federal troops owing to the peculiar nature of their situation, and they

were deprived of the opportunity of freely discussing and deliberating

upon the questions involved, though the legislature of Missouri did pass

an ordinance of secession. Did not those people, under such circumstances,

have the right individually to resist so flagrant an outrage upon their

rights and liberties? They were not only deprived of the liberty of

peaceably assembling to discuss their grievances, but it was sought to

deprive them of the right "to keep and bear arms," as expressly guaranteed

by the second amendment to the Constitution, in order that they might

have the means always of defending their liberties and rights, and the

only resource they had was to unite as individuals in the defence of the

common cause, and of their own violated homes and liberties.

It has been said that the Confederate states began the war by firing upon

Fort Sumter. If those states had the right to withdraw from the Union and

the United States had no right to resist or coerce them then the attempt

to maintain a garrisoned fort in one of the most important harbors of the

Confederacy, was an act of war. This had, nevertheless, been patiently

borne with, for nearly three months after the secession of South Carolina,

in whose principal harbor the Fort was situated, and it was only when

the Government of the United States had given notice of its intention

to supply Fort Sumter "peaceably, if possible, otherwise by force,"

and the vessels for that purpose had appeared off the harbor, that the

attack began. The commissioners sent to Washington to effect a peaceable

settlement of all questions had then been denied an audience, and informed

that the authorities at Washington would hold no intercourse with them.

The war was thus inevitable, and the Federal authorities were quietly

preparing for it, in order to entrap the border states. The threat to

supply Fort Sumter indicated a purpose of war; was then the Confederate

Government to wait until the measures of the Government at Washington

had been so completely taken that the former would find itself helpless

in the hands of its enemy? The port of Charleston was necessary to it

as an inlet for obtaining supplies and arms for its defence, was it

then to allow the port, which could block the entrance to that harbor,

to be placed in a condition to render the blockade complete, the harbor

worthless and Charleston untenable?

There can be no question of the right of the Confederate Government to

force a surrender of the fort, which had been refused, and that it was

fully warranted in pursuing the course it did. I must confess that, at

the time, I deeply deplored and condemned the attack on Fort Sumter, on

the score of policy, because I regarded the threat of the Washington

Government as designed to provoke a commencement of the conflict by the

firing of the first shot, and not intended really to be carried into

effect. It is now manifest that war had already been resolved upon, and

the firing of the first gun on Fort Sumter was not its commencement. The

war was begun by the attempt to hold the forts in the Confederate harbors.

It has been alleged that the Southern States had previously controlled

the policy of the government, and that they seceded because they had now

lost that power. There had never been a president elected from any of

the Cotton States, which established the Confederate Government except

from Louisiana, of which state General Taylor was a nominal resident, but

really a native of Virginia, and an officer in the army, and he lived

but a little over a year after his inauguration. These Cotton States had

furnished comparatively few cabinet ministers, and they had in the main

been opposed to the policy pursued by the government in regard to the

most important branches of legislation, such as internal improvements,

the public lands, tariff, etc. Their leading interest, the culture of

cotton, had received no fostering care whatever from the government, and

South Carolina had been complaining for more than thirty years that her

interest had been sacrificed to Northern cupidity by high tariff and at

one time she had taken steps to nullify the laws on that subject. In no

sense could the state which initiated secession, be said to be actuated by

disappointment at the loss of Federal power.

It is true that they had lost the power to protect themselves in the

Union, as the Constitution had been so flagrantly violated and were now

threatened with submission--and for this they seceded.

The state of Virginia had given four of the Southern presidents to the

Union, and Tennessee the other two. Washington had been the unanimous

choice of all of the states; Jefferson, Madison and Munroe had been

national men in their policy and had received the support of a large

majority of the Northern vote; Munroe being accepted without opposition

at his last election and receiving all of the votes, North and South, but

one northern electoral vote. Munroe was the last Virginian elected or

nominated as President. It is true Tyler had succeeded to the office by

the death of Harrison, but he had not received the vote of Virginia even

as vice-president.

Virginia had voted against Clay, Harrison, Taylor and Scott, all natives

of the state, when they were candidates for the presidency, and she had

cast her vote three times against Mr. Clay, and in the cases of Harrison,

Taylor and Scott, her vote had been cast for Northern men against them.

All of the presidents she had given had been re-elected, because there was

nothing sectional or local in their policy, while no Northern president

had been re-elected, though three out of the six had been candidates

again. In the election of 1860, the state of Virginia cast its vote for

Bell and Everett, by a plurality vote over Breckenridge and Lane, and

Douglas and Johnson, showing that in this election she was not liable to

the charge of sectionalism, even if that charge could be brought against

the supporters of Breckenridge and Lane, which is by no means admitted.

No interest of Virginia had at any time been fostered by the action of

the government, in any stage of its history, and the government had not

even taken steps to obtain from foreign countries a diminution of the

enormous duties placed on her leading staple, tobacco, but her statesmen,

when in office, had pursued a policy looking to the general welfare and

prosperity. If she had furnished many statesmen to the common councils,

it was because of the general confidence in their patriotism, and freedom

from all selfish ambition and narrow-minded notions of policy.

Her history from the beginning of the controversy with Great Britain had

been one of sacrifices for the benefit of all of the states. She had

promptly sent troops to Massachusetts on the commencement of the war of

the Revolution in that state, all of its battlefields were red with the

blood of her sons; and that war had been terminated on her own soil. With

a territory larger than that of all of the other states at the conclusion

of peace, she had surrendered an empire beyond the Ohio river, for the

sake of Union and for the common benefit; and subsequently, she had

consented to the erection of the state of Kentucky within her remaining

territory.

As the acknowledgement of the independence of the states had left her, she

would have been amply able to take care of herself, and erect a powerful

government of her own, yet she had contracted her power and narrowed her

limits for what she considered the common good.[A]

[Footnote A: Note--The following extract is from the "History of

the American Civil War" by Professor Draper, a Northern Union man,

which shows the nature of Virginia's sacrifices: "At the time of the

Declaration of Independence, Virginia was the most powerful of the

colonies; she occupied a central position and had in Norfolk one of

the best harbors on the Atlantic. She had a vast western territory,

an imposing commerce, and in the production and export of tobacco

not only a source of wealth, but from the mercantile connections

it gave her in Europe, a means of refinement. It was through this

circumstance that so many of her young men were educated abroad. When

the epoch of separation from the mother country had come, and the

question of Confederation arose, she might have asserted her colonial

supremacy; she might have been the central power. Many of her ablest

men subsequently thought that in her voluntary equalization with the

feeblest colonies, the spontaneous surrender of her vast domain, the

self-abnegation with which she sacrificed all her privileges on the

altar of the Union, she had made a fatal mistake. In her action there

was something very noble."]

The Union had not advanced her pecuniary or material interests, yet, in

all of its trials, she had been its firmest supporter and her blood had

been freely shed in all of its wars and upon all of its battlefields. It

was only where that Union was to be perverted from its original designs

and made the means of humiliating and degrading the Southern states,

herself included, that Virginia resolved upon severing the connection.

On the other hand, New England had made no sacrifices for the Union, and

had received only benefits from it. To that section the Union had been a

"paying operation" in every way: its fisheries, commerce and factories

had been fostered and protected by high bounties and duties until its

comparatively sterile soil bloomed as a garden, while its surplus

population found homes in the fertile region surrendered by Virginia.

Descendants of the Puritans did not undertake to become "philanthropists"

until the slave trade with the South ceased to be profitable.

Notwithstanding the benefits received by the New England states from the

Union, the first proposition for its dissolution came from those states

when the country was engaged in a foreign war--the war of 1812 with Great

Britain--because that war was caused by a temporary suspension of their

commerce. Most of these states refused to permit their militia to be

marched beyond their limits for the common defence and the question of a

separate peace with the public enemy was mooted, notwithstanding the fact

that the war had been undertaken in defence of commercial rights in which

New England was principally interested. Such was the spirit manifested in

that section that the British government in declaring a blockade for the

coast of the United States, for some time exempted the New England coast

from that blockade and did not invade those states.

Upon the passage of an act for a general embargo in 1814, so as to put

a stop to the contraband trade from New England, the Massachusetts

legislature was flooded with petitions for redress and protection against

the act of the Federal government in enforcing the embargo, and a

committee to which the petitions were referred, made a report in which the

following views, among others, were expressed:

"The sovereignty reserved to the states, was reserved to protect the

citizens from acts of violence by the United States, as well as for

the purposes of domestic regulation. We spurn the idea that the free,

sovereign and independent State of Massachusetts is reduced to a mere

municipal corporation, without the power to protect its people or to

defend them from oppression from whatever quarter it comes. Whenever the

national compact is violated and the citizens of this state are oppressed

by cruel and unauthorized enactments, this legislature is bound to

interpose its power and to wrest from the oppressor its victim."

To show the spirit animating the people of Massachusetts in the assertion

of these doctrines--however true they might be in principle--when the news

was received of the abdication of Buonaparte and the restoration of the

Bourbons in 1814--thus leaving the British government at liberty to employ

all of its forces against the United States, the people of Massachusetts

as well as of all New England hailed the news with joy and exultation,

"as the harbinger of peace and the renewal of commerce;" and the event

was celebrated at Boston by a religious ceremony and a sermon from the

celebrated Dr. Channing.

In the fall of 1814, the legislature of Massachusetts invited a convention

of the New England states, which assembled in Hartford in December of

that year and adopted a series of resolutions in which it was declared,

among other things, that, "In cases of deliberate, dangerous and palpable

violations of the Constitution, affecting the sovereignty of a state and

the liberties of a people, it was not only the right but the duty also

of that state, to interpose its authority for their protection, when

emergencies occur, either beyond the reach of the judicial tribunal or too

pressing to admit of delay incident to their forms; states which have no

common umpire must be their own judges and execute their own decisions."

The danger to the Union from these steps on the part of Massachusetts and

the other New England states, in a time of public war, was put to an end

by the unexpected arrival of the news of a treaty of peace; this perhaps

prevented the former state from proceeding to assert her sovereignty and

making a separate peace with Great Britain.

In fact in 1809, during the existence of the troubles growing out of

the embargo passed before the close of Mr. Jefferson's administration,

John Quincy Adams had communicated to the government at Washington that

the object of the dominant party in Massachusetts was, and had been for

several years, the establishment of a separate confederacy, as he knew

from unequivocal evidence; and that in case of a civil war, the aid of

Great Britain to affect that purpose would be assuredly resorted to, as it

would be indispensably necessary to the design.

There was strong reason to suspect that during the war some secret

arrangement existed with the enemy, by which New England withheld from

the country the support of her troops and her soil was kept free from

invasion. In all the measures then resorted to in order to embarrass the

government, Massachusetts took the lead, yet when a war of invasion and

subjugation against the Southern states was waged, Massachusetts found no

constitutional difficulties, had no scruples about sending her troops into

the South.

The idea that any of the Southern states resorted to secession because of

the loss of the power and patronage of the government is not founded on

fact, as neither had ever been used for their special benefit even when

in the hands of Southern men, but it was the Northern states whose trade

and factories had grown up under the fostering care of the government

throughout its whole history, while the schools of the Northwest had been

richly endowed from the public lands and the gigantic system of railroads

in the same quarter had been built up mainly from grants of this common

property.

It has been further alleged that it was the slave power which attempted to

break up the government, because of its defeat, and that that power had

hitherto controlled the government in its interest. In the first place, it

is as well to state that as far as the executive branch of the government

was concerned, there had been nothing of which to complain on the part of

the Southern people. The great difficulty had been with the legislative

department, which always manifested a disposition, more or less, to be

aggressive on the subject of slavery, and the Southern people looked to

the executive to interpose its conservative influence. The preponderance

of Northern men in Congress, already increased by the admission of Oregon

and Minnesota, and soon further to be increased by the admission of

Kansas, had become so great, that the only hope of the South was in the

executive, and when that branch of the government was also sectionalized,

there was no safety for the weaker section. The people of the South had

never asked the government to protect slavery; they had merely asked that

it should be let alone, and left where the Constitution left it.

In entering the Union, they had stipulated for a government for certain

general purposes, and not one to regulate their domestic affairs; and they

claimed that the government should be confined to the purposes for which

it was instituted. That government had in no way acted so as to strengthen

slavery, and it had not been able to comply with the express stipulation

for the return of fugitive slaves. Slavery had been excluded from an

immense territory by the action of the government, but it had not been

carried to one foot of territory by that action. All of the new states

east of the Mississippi, except Florida, had been formed out of territory

originally belonging to the slave states, and they had been admitted into

the Union under that provision of the Constitution which declared that

such states should be admitted upon the same footing in every respect with

the original states and to add to this obligation not to interfere with

their domestic institutions, the states ceding the territory had expressly

stipulated that there should be no interference with slavery.

Louisiana came in by treaty as slave territory, and with a stipulation for

the protection of the people in their property. Out of that territory,

three slave states had been formed, and they were the last there was any

prospect of forming; while the free states of Iowa, Oregon and Minnesota

had already been admitted from the same territory with the prospect of the

speedy admission of Kansas and Nebraska and the not remote prospect of

an indefinite number of other free states from the same territory. Texas

had come in as a state from the condition of an independent republic and

the measures leading to her admission had resulted in the acquisition

and admission of California as a free state with a prospect of more

free states from the territory acquired. So that in every case of the

introduction of new slave territory into the Union, there had been largely

more than equivalent in territory for the formation of free states except

in the case of the slave territory of Florida; and when that was acquired

the vastly larger and more important slave territory of Texas had been

surrendered. It is not a fact, then, in any sense of the term, that the

government had been used for the protection and growth of the slave power.

That power, if it might be called such, was relatively stronger the day

the Constitution was formed than it was ever afterwards.

The Heritage of The South A History of the Introduction of Slavery; Its Establishment From Colonial Times and Final Effect Upon the Politics of the United States · 第 6 / 7 章