s o, •^ , x v ^ V % ^ V o *> ' °* v"^ o V V **■ ,0 % -^ <*> . ■ A* % . A > CONSERVATIVE VIEWS. The Government of the United States WHAT IS IT'? COMPRISING A CORRESPONDENCE WITH HON. ALEXANDER H. STEPHENS, ELIC- ITING VIEWS TOUCHING THE NATURE AND CHARACTER OF THE GOVERNMENT OF THE UNITED STATES, THE IMPOLICY OF SECESSION, THE EVILS OF DISUNION, AND THE MEANS OF RESTORATION. By J. A. STEWART ' Error ceases to be dangerous when reason is left free to combat it." — Jefferson. §Ml8»i», $».: FRANKLIN IP R, I N" T I IS" G- HOUSE, J. J. TOON, PROPRIETOR. 1869. Entered according to Act of Congress, in the year 1869, by J. A. STEWART, In the Clerk's Office of the District Court for the Northern District of Georgia. J PREFACE In presenting the following pages to the public, my object is to induce a more thorough common sense understanding of the government of the United States, that we may appre- ciate its value, and if possible restore and perpetuate its existence. The work contains reasons which influenced Constitutional Union men in opposing secession, and in withholding their assent after their State had seceded ; also, reasons why higher law experiments should be forever abandoned, and the government restored as it was. It attempts to lift the dark veil of prejudice and partisan hate, which for years past has shut out from view the light of reason, especially in reference to our political affairs. It will present (briefly) an unbiased and unprejudiced view of political evils, as developed during the past eighty years, and point out the remedy. It is one of a series of pamphlets on political topics, which will appear in due time, provided the author perceives any good results from the present issue. J. A. S. INTRODUCTORY REMARKS. It will be discovered by the attentive reader of the pam- phlet, to which this is an introduction, that men can be equally earnest and zealous in their endeavors to establish and main- tain good government, and yet differ widely as to the precise nature and character of the powers to which they acknowl- edge allegiance. Mr. J. A. Stewart, when a citizen of Atlanta, in 1859, formed an acquaintance with Hon. A. H. Stephens, which soon grew into very respectful and friendly relations. In 1860 they were both ardent supporters of Mr. Douglas, and both equally opposed to the policy of secession as a remedy for any of the evils of which we then complained. Mr. Stephens did all he could to allay the storm of fanati- cism and sectional hate then existing, and to hold in check the incipient steps toward disunion and disintegration. In his patrotic efforts to save the Union, he found in Mr. Stewart a warm supporter. The storm, however, proved too heavy for conservative wisdom. Good men were appalled. They wavered — bent, and then yielded to its power. Even Mr. Stephens consented to get on the disunion craft, in view of saving from the wreck as much as possible of civil liberty. Mr. Stewart refused to go on board, although loth to part with his friend. He begged Mr. Stephens to return — warn- ing him of dangers. A new craft had been formed out of planks which had been violently riven from the " Old Ship of State ;" and it was drifting off into unknown seas. The commanders were ambitious and reckless ; whilst the pilots and crew, maddened by sectional hate and partisan strife, obeyed their orders. Vi INTRODUCTORY REMARKS. To the mind of Mr. Stewart, ruin was inevitable, if the secessionists remained long at sea ; and he could not refrain from calling on his friend Stephens to return, if possible, ere it was too late, and bring back with him our deluded people, and restore them to the "government as it was." He plead earnestly and long. For three long years he begged Mr. Stephens to come back, and through his influence restore the old government, and thereby end the suicidal strife — end the bloody conflict ere it was too late — end it whilst we had power to dictate terms of restoration — end it at once and avoid the evils of subjugation — evils which persistence in the struggle would inevitably bring upon us. His pleadings were all in vain. The secession craft drifted farther and farther from shore into wild and stormy seas. Even the voice of a Stephens was powerless to change its course ; and after four years' struggle against adverse winds, it went down, and all contended for, was lost. A victorious party that then manned the Old Union Ship, dictated the terms for reconstruction. We found men there who hated the government as it was. We found men there resolved to ignore the Constitution, and to reject our re-admission into the Union under the Constitu- tion. We were a subjugated people. The evils Mr. Stewart predicted were upon us. Mr. Stephens was a prisoner in Fort Warren. But whilst there, he found his old friend interceding for him. Mr. Stewart begged for his release. His intercessions were at- tended with good results. Mr. Stephens returned to his home. After which the friendly relations between them gave rise to a correspondence which is embodied in this pamphlet. Mr. Stewart was educated in the Jeffersonian school of politics; and he thought he understood the "government as it was ;" but if Mr. Stephens is correct in his views as to its distinguishing features, then he concedes that heretofore he has not understood it. CONSERVATIVE VIEWS. The views I entertain as to what the government of the United States really was, or is, are founded mainly on the wording or phraseology — first, of the Original Articles of Confederation ; secondly, of the Constitution of the United States ; and thirdly, of the Messages of the Presidents of the United States — especially of the earlier Presidents. 1st. In the preamble to the Articles of Confederation we find the States did " agree to certain Articles of Confedera- tion and Perpetual Union," viz: "Articles of Confedera- tion and Perpetual Union between the States of," &c. The Perpetual Union aimed at, was of the nature of an " indis- soluble partnership" between the States respectively, or of the people, to accomplish a common object, essential to the good of the whole ; which no State, singly and alone, had power to accomplish. A nation was needed to secure amicable foreign relations, and at the same time to protect the people of the States against insurrections and invasions. A nation was needed to provide for the common defense and general wel- fare of the United States — to regulate commerce with foreign nations and among the several States — to coin money and regulate the value thereof — to establish post-ofiices and post- roads — to promote science and useful arts — to declare war — to raise and support armies — to provide for calling forth the militia to execute the laws of the Union, &c, and to make all laws which might be necessary and proper for carrying into execution the foregoing powers. " One nation" (in the language of Jefferson) was needed to make us one people for national purposes, whilst the States, 8 CONSERVATIVE VIEWS. as auxiliaries, were essential to the regulation of oar do- mestic and local polity. An indissoluble partnership or agreement was entered into for the purpose of forming a "Perpetual Union''' — the States reserving all powers not delegated. On trial the Articles of Confederation were found too fee- ble for national purposes. 2nd. We find in the Constitution of the United States a design " to form a more perfect Union, establish justice, in- sure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity." The Articles of Confederation were designed to establish a perpetual Union, whilst the Constitution of the United States made that Union "more perfect.'" The Union made one nation styled the United States — a name recognized by the whole world as a national name, or a name by which we were distinguished as a Nation. This perpetual Union was made strong by all that pertains to a nation to make it perpetual. It had an army and a navy, and power to de- clare war. 3rd. The Executive Messages, especially those of Washing- ton and Jefferson, recognized the Government as a nation, and the Congress of the United States a National Congress, the Supreme Court a National Judiciary, and the President a National Executive. Madison considered himself elected to the Presidency of the United States by the " deliberate and tranquil suffrage of a, free and virtuous nation." Washington alluded to advantages we derived from " an indissoluble community of interests as one nation." He al- luded to States as " auxiliary agencies for the subdivisions." Jefferson, in his first Inaugural, speaks of a " rising na- tion," "voice of the nation;" of States as "the most compe- tent administration for domestic concerns" and of the Gene- CONSERVATIVE VIEWS. 9 ral Government "as the sheet anchor of our peace at home and safety abroad." He mentions in another address, the great "council of the nation," which means national council or national legislature. He speaks of the " danger to the nation,'" the " state of the nation," &c. In his messages, of March 4th, 1805, he called the nation a " commonivealth; , ' > of Dec. 3rd, 1805, he speaks of " the representatives of the nation;" of Nov. 8th, 1808, he spoke of our "beloved country;" never dreaming of anything being entitled to the name country, except the broad land known as the United States. And so we will find in all the messages a clear recog- nition of the nationality of the Government of the United States, and of its supremacy over the Constitution and laws of States, so far as to render them void, when in conflict with any of its Constitutional powers. Yet it is nowhere denied, by any of our Presidents, the " reserved rights of the States." They all knew, and well understood that " the powers not delegated to the United States by the Constitution, nor prohibited by it to the States were reserved to the States respectively, or to the people." Thus we have, clearly, the facts and arguments upon which I found my views of the Government, as it was. I consider the National Government legally and Constitu- tionally bound to respect and maintain the reserved rights of the States or the people, according to the Constitution ; and I claim that each State has a right to regulate its do- mestic institutions in its own way, subject only to the Con- stitution of the United States and the laws in pursuance thereof. I consider nullification and secession as dangerous abstrac- tions. But in case of intolerable oppression, I hold to the right of revolution as the last resort, and the only remedy. And here, in justice to Mr. Stephens, it is proper to say, that he considered the abandonment of the Union, either with or without force, a very impolitic measure, but holding 10 CONSERVATIVE VIEWS. that his ultimate allegiance was due to his State; and having repeatedly pledged himself to go with her, right or wrong, he had (in his view) no alternative but to go with his State when she seceded; even though her act was, in his judgment, very impolitic and wrong. The experimental test resulted in war, disastrous to the theoretical views of those who held secession to be a peaceful remedy ; and in a war which proved dangerous to liberty, resulting in the subjugation of eleven States to the higher law party North, now in control of Federal authority; satisfying the people of the South, accord- ing to the following language of Mr. Stephens, " that a re- sort to the exercise of this right (the right of secession) while it is denied by the Federal Government, will lead to war, which many thought, before the late attempted secession, would not be the case ; and civil wars, they are also now very well satisfied, are dangerous to liberty ; and moreover, their experience in the late war satisfied them that it greatly endangered their own. I allude especially to the suspension of the writ of habeas corpus, the military conscriptions, the proclamations of martial law in many places, general im- pressments, and the levying of forced contributions, as well as the very demoralizing effects of war generally." Fort Warren, Boston Harbor, Mass. 21st July, 1865. Mr. J. A. Stewart, Louisville, Ky. : My Dear Sir : — Yours of the 10th inst. was received to-day. Language would fail to express to you the thanks I feel for it. I cannot write to you as fully as I wish. I am suffering from rheumatism in the hand, and cannot use the pen without pain. You will please take the will for the deed. You understand me thoroughly, I think. I went with the State on secession from a sense of duty only. No more ar- CONSERVATIVE VIEWS. 11 dent or devoted friend to the Constitution of the United States, and the principles of civil and religious liberty therein em- bodied and guaranteed, than I was and am, ever breathed the vital air of heaven ; and no one can rejoice more than I at the prospect of seeing peace and prosperity restored to our once happy land. This appears from the indications of the Pres- ident's policy. No one would take more pleasure in using his powers to the utmost extent in that direction, if permitted, than I should, if my counsels should be sought. I have no desire, on my own account, however, ever to have anything to do with public affairs again. But if I were at liberty, and the people should desire to know my sentiments, I should take great pleasure in giving them. Perhaps in Georgia they are in better condition to listen to me than they ever were before. I know this was the case when I was taken away ; and I know my counsel was peace and the full and perfect accepta- tion of the new order of things. I mean the abolition of slavery. I am sincerely thankful to you for your letter to the Presi- dent. Why I am confined here, and that too under such rigor- ous orders, is a mystery to me. . . . I do not understand why I, who exerted my every effort to prevent the strife, and then my every effort to end it in the speediest manner, rea- sonably, by peaceful adjustment of some sort, should be the victim of such sufferings as I am This is what is strange, mysterious, and unaccountable to me. I therefore thank you for your letter to the President. You have known my course throughout. I feel assured, if I could but confer with him face to face, that I could satisfy him that I am, upon all principles of justice, entitled to parole. If, from the office I held under the Con- federate organization, and which was accepted with the sole view of doing all in my power to maintain the principles of the government under the circumstances, it should be thought proper to make an example of me by trial for treason — that, 12 CONSERVATIVE VIEWS. it seems to me, is no reason why I should be punished as I am, in advance of the punishment first to be found to be right, by judgment of the law. My parole would be most sacredly adhered to. But I can say no moi^e, except again to thank you for your letters — the one to me just received, and the one you wrote to the President. I should be glad to hear from you often. This I shall send to Louisville, with directions to be for- warded to Rome, Ga., in case you shall have left the former place before it reaches there. Yours truly, Alexander H. Stephens. Rome, Ga., Aug. 12th, 1865. His Excellency, Andrew Johnson, Washington, D. C. Dear Sir : — I am again in possession of what remains of my home in Georgia ; and it is gratifying to be able to state to you, that even here, in this once turbulent and dan- gerous section of Georgia, we have peace, order, and every indication of a return of substantial prosperity. There will no more war go up from the South. An acquiescence in the new order of things, under your administration, is clearly manifested by the masses of our people. The terms of re- admission into the Union, embraced in your proclamation will meet with no opposition entitled to consideration In fact there is no record in history of an erring people manifesting so earnestly, a willingness to retrace their steps, and help repair and restore that which has been laid waste. They have emerged from a mesmeric spell thrown over them by years of inflammatory political harangues, and are now in their sober senses, ready and willing to do right ; and it is earnestly to be hoped that you will have it in your power to protect us against any renewal of the agitation, in refer- CONSERVATIVE VIEWS. 13 ence to the negro element. Shield us, if possible, against negro suffrage, negro equality, or whatever tends to the re- kindling of sectional animosities. The people South are willing to give up slavery, but they are not yet willing to place themselves on terms of political and social equality with the African race. But it was my purpose in this communication to again ad- dress you in reference to Hon. A. H. Stephens. Having, I think, a thorough knowledge of Mr. Stephens' position prior to, and during the whole progress of the war, I can say, confidently, that secession never met his sanction, except through force of circumstances as a horrible and painful ne- cessity; and that his imprisonment, under the circumstances, in the view of every reasonable man South, is without suffi- cient cause, and not justifiable. Mr. Stephens, as you will perceive from the enclosed copy of a recent letter from him, is rejoiced at the prospect of re- turning peace ; and would not hesitate to encourage a speedy and full acquiescence in the terms proposed. Release him, if in your power to do so. Release him with- out delay. Let me urge you, as your friend, and a friend to the best interests of our country, to release him on parole, and let him return to the bosom of his friends and the com- forts of home, where his delicate health and frail body may gather new strength, and where his voice of counsel may again be heard. Everybody asks: "Why is Stephens held jn prison whilst the Honorables Cobb, Toombs, Brown, Hill and others are permitted to run at large?" I have no prominent position to back up my solicitations in Mr. Stephens' behalf — nor can I calculate much on your very limited personal acquaintance with me. But I am an honest man and a true lover of my country, and am actuated in this appeal by no selfish or mercenary motives ; and feel assured that I am addressing one equally honest and patri- otic — one who will not turn a deaf ear to the pleadings of an 14 CONSERVATIVE VIEWS. honest and reasonable appeal, in behalf of a good man, who has committed only an error, but no willful sin. Yours most respectfully, J. A. Stewart. Liberty Hall, Crawfordville, Ga., 21st May, 1868. My Dear Sir : — Your letter of the 20th with enclosures came duly to hand to-day. I was glad to hear that my pack- age of the 18th, had gone safely. You need not have minded the matter of stamps. I shall look, with a good deal of interest, for your letter, giving me your opinion of the Constitutional View of the late War, &c. I wish you would read the book carefully, and study it closely. I know your opinion will be candid, and therefore I shall esteem it the more highly, whether it be favorable or unfavorable — that is whether it be coincident with my own views or not. There are few men whose writings, whether in letters or in addresses to the public, I read with more interest than yours — because they always bear such marks of sincerity and patriotism upon them. Yours truly, Alexander H. Stephens. J. A. Stewart, Rome, G-a. CONSERVATIVE VIEWS. 15 OPINION OF MR. STEPHENS' BOOK. An argument by J. A. Stewart, of Rome, Gra., in opposition to the doctrine of State sovereignty, and the rightfulness of secession, as contained in a late work of Hon. A. H. Stpehens, styled the " Constitutional Vieiu of the late War between the States. " A SYNOPSIS OF ESSENTIAL POINTS IN THE ARGUMENT. Good government should be the paramount object. To effect this end, the only business of government being to prevent men from injuring one another, it must necessarily have power sufficient to enforce obedi- ence. Government means power, consists in power, and without power is no government. Unrestricted power is despotism. A written in- strument defining the powers that may or may not be used, is a Con- stitution. The Government of the United States has authority only through a Constitution, which the people, the great source of power, " ordained and established," as the supreme law of the land. An army and a navy were furnished the Executive head to enable him to en- force obedience to the Constitution and laws ; and the power given him was sufficient, and hence the States were necessarily subordinate, in- dividually, and not sovereigns ; and hence the folly and delusion of "ultimate, absolute sovereignty of all the States" — as illustrated in separate State action in 1860 and '61, by the several seceded States. Concluding with observations on the right of Revolution. Rome, Ga., May 26th, 1868. To Hon. A. H. Stephens. Dear Sir : — It is with feelings of conscious inability that I attempt to write you an opinion of your " Constitutional View of the Late War." It would certainly afford me much pleasure to be able to agree with you in all your premises, arguments, and conclusions ; but a long habit of thinking and reasoning in an opposite direction, will, I fear, constrain me to forego the pleasure. The paramount object of us both is good government — " a government which shall restrain men from injuring one another, but shall leave them other- 16 CONSEKVATIVE VIEWS. wise free to regulate their own pursuits of industry and im- provement, and shall not take from the mouth of labor the bread it has earned." Cupidity, avarice and ambition, lead to violence and inva- sions ; and these find no correctives, except through the in- strumentality of some wise governing power. A government to be efficient must have, not only the power to enact laws, but all the appliances of coercion neces- sary to enforce them. A good government must necessarily be clothed with power to maintain its authority. It must have an Executive head, and an army at its command to coerce the lawless and disobedient. It must have power to command, not only the respect of foreign nations, but of its own citizens. It must demand and enforce implicit obedience to its rights ful authority The venal and corrupt laugh to silence the counsels of wise men. They yield only to superior physical power — hen to us one common country — a national capacity, and the proud name of American. It speaks a persuasive language to every reflecting mind. It is a great organization for the whole country, having the auxiliary agencies of governments CONSERVATIVE VIEWS. 23 for the respective subdivisions. It is the offspring of sage experience, and adopted after full investigation and mature deliberation. It is completely free in principle; and in the distribution of its powers, unites security with energy, and yet contains within it ample provisions for its amendment. A respect for its authority, a compliance with its laws, an acquiescence in its measures, are duties enjoined by its fundamental maxims. It has a Constitution which exists at all time*, until changed by an explicit and authentic act of the people ; and every individual is under perpetual obliga- tions to obey it. It is an efficient government, and we should remain one people under it. It is a government of our fathers, and, with no doubt many defects and short-comings, more nearly attains the object of all good government than any other on the face of the globe ; and no where can we go, "following the sun in its circuit round the globe, to find a government that better protects the liberties of the people." Thus you will perceive I have given in substance the lan- guage of wise and great men. Washington spoke of the government as a great organization for the whole country, with auxiliary agencies as governments for the respective subdivisions; held that we had .a national government de- signed by its framers to establish justice and insure domestic tranquillity; and that State governments and State laws in conformity with the United. States, were necessary as auxil- iaries to establish and secure these ends. Adams enter- tained and expressed similar views. Jefferson spoke of the great commonwealth — the government of the people — the national government — the nation, &c. ; and all claimed that it was a nation, and was essential to our peace at home as well as our protection abroad ; and all, with great solicitude, urged the necessity for viewing the government as embra- cing one great country, and to feel that there was no coun- try for us but the United States of America." Thus educated and thus impressed, I never hesitated to 24 CONSERVATIVE VIEWS. reject the doctrine of secession. I held that fealty to our whole country was fealty to my State, and at no time was I ever willing to go with my State in the wrong. I felt it was for the best interest of my State not to secede, just as I would feel that my brother or friend should not commit a rash act. And felt too, after my State had seceded, as I would have felt towards a companion — one who had become intoxi- cated : I felt that my State had done a rash thing, and that the sooner she retraced her steps the better — the sooner she became sober again, and hearkened to the voice of Wisdom, Justice and Moderation, the better. And now, since time has verified the correctness of these convictions, I hope our sad experience will enable us to exer- cise that wisdom which the dark cloud of revolution again hanging over us, so much demands. The complications and exasperations which have grown out of our civil conflicts are yet multiplying, and if not ar- rested, the day is not far distant when we may bid an ever- lasting farewell to Constitutional Liberty. STATE SOVEREIGNTY A DELUSION. I cannot forget the past ; yet I have no quarrel with seces- sionists, knowing as I do, that many of them were honest in their convictions and impulses ; yet at the same time I must frankly tell them, that absolute State sovereignty is a most egregious delusion, or, to say the least of it, wholly impracti- cable for good. Absolute sovereignty means superior power — a power sufficient to control and govern all opposing powers — a power to which all others are subordinate. A decisive ma- jority of the people is sovereign, for the reason that in con- tests of unequal forces, the inferior must necessarily suc- cumb. Then again, the law of self-preservation belongs as much to majorities as to minorities. No State has ever had superior power over all other States, and hence each State has held a position in the Union of subordination to all CONSERVATIVE VIEWS. Z& others. And however much individuals or States may desire to set up for themselves, they will never be permitted to do so, to the injury of the remaining people or States ; and thus it is clear that States are feeble, subordinate pow- ers, subject as individuals are to the will and power of ma- jorities ; and however humiliating this may be to the State pride of secessionists, the fact cannot be disputed, especially since the eleven States recently in rebellion against the u su- pr&me law of the land," have so severely felt the coercive power of superior numbers. THE UNION AS I UNDERSTAND IT. And here, to enable you more fully to comprehend my views in reference to the Union, and its attempted overthrow by the advocates of secession, I will, in concluding this rather lengthy article, give you a brief outline of my thoughts and actions during the four years' struggle of disunionists per se to disrupt the ties which for seventy years had held the nation together and made us one people. In the first place, be it understood that I was educated in "the Jacksonian or Jeffersonian school of politics, and taught to love the Union. And loving the Union as I did, I made it my study to understand the power which was shedding around us in profusion the blessings of liberty. And I found the more I comprehended the workings of the government — State and National — so applicable to all our wants, and so perfect in detail, the more devotedly was I attached to the Union, which alone could render practicable a government so wisely constructed, and so beneficent in its operations. I studied the geography of my country, that I might com- prehend its extent, the grandeur of its mountains, the fer- tility qf its valleys, the majesty of its rivers, the extent of its forests, its ocean and lake-bound coasts, its northern climes and sunny plains, its mines of precious metal, rival- 26 CONSERVATIVE VIEWS. ing in riches and value the tin of Thule and the gold of Ophir. I studied this magnificent country, and compre- hended its vast extent, stretching from the Atlantic north, crossing the Rocky Mountains four thousand miles to the Pacific — thence south near two thousand miles with the meanders of the coast to the southern extremity of Califor- nia — thence eastward, embracing Texas and the Gulf and Atlantic States, thousands of miles to the beginning ; pre- senting a magnificent interior, enlivened by rivulets and cas- cades, and beautified by broad and majestic rivers with their innumerable tributary streams. These and a thousand other charms made me feel that this was indeed an asylum for the oppressed of all nations — that it was a home fit for freemen, where the iron rule of despotism could never stifle the voice of liberty, or fasten upon our limbs the chains of oppression. And when our impulsive men, north and south, clamored for a dissolution of the Union — the breaking up of the government of our fathers, and asked me to help do it, I said No ! a thousand times No ! And when the crazy abolitionists told me they loved the negro better than they loved the Union — that they would see the country flowing in blood to the bundle reins, rather than perpetuate a Union that permitted the white man to control and direct the African race in their necessary pur- suits of industry, and wanted me to help them plunge the country in war, to slay millions of men, and waste billions of treasure, that a few negroes might be put in positions they had no capacity to fill, I told them No ! an everlasting No ! I had traveled over this great country of ours, north and south ; I found good people everywhere, and I found bad people everywhere ; and I was proud to think Ave had & grand system of government — National and State — to protect the good by restraining the bad. I was proud to think we had a Union to make us one people, under one government — the best the w r orld ever saw — CONSERVATIVE VIEWS. 27 and one flag, whose ample folds protected us on land and sea throughout every foot of this inhabitable globe. I claimed but one country, and that extended from ocean to ocean, and from the beautiful lakes of the North even down to the Gulf of Mexico. This vast country was mine. I loved its moun- tains ; I loved its fertile plains; I loved its forests wild ; its rivers too, I loved, and " every stream that gently flowed in murmurs to the sea." And though of vast extent I loved it all : it was my country — it was my home ; and no power on earth — no abolition threatening North, nor fiery declamation South, could ever have made me sanction its overthrow. Thus impressed, it may well be imagined why I reject the disorganizing fallacy of secession, and why I have to dissent from so much of your Constitutional View of the late War between the States, as sanctions and supports the fatal delu- sion of "ultimate absolute sovereignty of all the States," and the right of each State to break up the Union by withdraw- ing from it. THE RIGHT OF REVOLUTION. " Prudence indeed will dictate that governments long established should not be changed for light and transient causes." But when evils and oppression at the hands of a governing power become greater than those that would result from resistance, then Revolution becomes justifiable — not to change the form of good government, but to coerce an equi- table and just administration of its powers. Separation from Great Britain was demanded by three thousand miles of ocean, which divided that government from the American Colonies ; and the colonists, opprsssed as they were by that nation, had a right to demand and coerce separation — and hence the Revolution of 1776. Not so with the States of the Union : we are geographi- cally one people, and separation is impracticable for good. 28 CONSERVATIVE VIEWS. A faithful administration of the government is all that is needed — not separation. And if war must ensue in cousequence of the usurpations and violence of men in power, it should be waged on the part of the oppressed solely for the purpose of maintaining and enforcing obedience to the Constitution, and the laws in pur- suance thereof. Yours very truly, J. A. Stewart. Hon. Alexander H. Stephens, Libert?/ Rail, Crawfordville, Ga. P. S. — Some further reflections respectfully submitted. THE INIQUITY OF SECESSION. Secession can never take place in this country under our form of government, with the consent of all the people. A minority will ever be found opposed to separation, and fre- quently (as was the case when we seceded) a majority will stand out opposed to the movement. But the step once taken, by seizing a fort, or committing some overt act, there is no safety for the leaders except in making the movement a suc- cess. Thus situated, it follows as a matter of necessity, to them, to coerce the opposing people of their State into their support, and then follow measures in quick succession for dragooning men into the service. (I mean into war, for secession can never be peaceful.) Conscription soon becomes a necessity — vigilance committees, conscript hunters, en- rolling officers, press gangs, balls and chains, blood hounds, death penalities for desertion, seizures, impressments, confis- cations, thefts, murders, and robberries follow in the train ; and finally subjugation to superior numbers, the people im- poverished, and desolation and mourning wide spread through- out the land. Such has been the experience of eleven States, and nothing; but criminal madness could again involve us in CONSERVATIVE VIEWS. experiments so suicidal. Your words of -warning to our people on the 14th Nov., 1860, were unheeded. The leaders of secession were warned that if they inaugurated secession on the ground of Mr. Lincoln's election, they would place them- selves in the wrong; but, rashly unheeding your advice, they precipitated the people into the horrors and devastations of an unjust war — verifying an eternal truth, that wrong can only be maintained by wrong, that evil begets evil, and strife begets strife, until through the instrumentality of wrong a whole people^re impoverished and ruined. J. A. S. Liberty Hall, Crawfordville, Ga., 3rd June, 1868. My Dear Sir : — Yours of the 1st instant, was received yesterday. I have read it with that interest, which I have told you before, I read all you write upon public matters. There is, in what you say on such questions, a tone of candor, frankness and patriotism which always commend your views and opinions to my most careful and serious consideration. To the sentimental portions of the communication now before me — to the deep devotion and love of country, and ardent attachment to the principles of good government and constitutional liberty manifested in them throughout, you have the warmest response from my heart. Yea, more ; I will go farther and say, no more earnest devotee of our glorious Union under the Constitution of the United States, than I am, ever breathed the breath of life. It is indeed in my opinion, as it was in Mr. Jefferson's, " the world's last hope." But what is that Union ? Is it a Union or a consolidation of the whole American people in one body politic, or is it a Union of separate and distinct Bodies politic ? Is it not in truth and in fact, a Federal Union of States ? This is the great question discussed in the 30 CONSERVATIVE VIEWS. first Volume of the Constitutional View of the late War. It is the object of history to give a truthful narrative of facts. Just or proper conclusions are but logical sequences of undis- puted and indisputable facts, with the legitimate logical and philosophical conclusions which necessarily follow from them upon the same unerring principles of reason which lead to the establishment of all truth. If the facts of our history be as they are set forth in the work referred to, (aifd you will pardon me for saying that I think it would be as difficult to disprove anv^ single one of them as it would be to disprove the fact that America was dis- covered by Columbus,) then the only remaining question i9 whether the conclusions drawn from them be logical and phi- losophical, and not whether they be in accordance with either our previous theories or present wishes. Is it true as a matter of historical fact that the people oc- cupying the geographical Territories known as the United States of America, were never at any period, either before, during or since the war of the Revolution of 1776, "one people," in a strict national sense ? This, I think, is clearly and fully demonstrated in the work referred to. Before their separation from the British Crown, the people of the Colonies, now known as States, were as distinct from each other in their political organizations as the people of Jamaica and Australia, or Canada now are; and they were no more "one people," in any political sense, than the people of these last mentioned portions of the present British dominions now are: they were territorially nearer together, but just as separate and distinct in all their national governmental polity. Moreover, it was the leading object with them in resorting to independence not to become "one people," but to maintain the right of each Colony or State for itself, to govern itself absolutely as it pleased ; the Sovereign right of each to thus govern itself as it pleased, was the common bond that united them all in joint action for their Separate Independence. CONSERVATIVE VIEWS. 31 Singly, they were not able to cope successfully with England in the assertion and maintenance of this right. But by Confederation, as the small Grecian Republics did against the Medes and Persians, they were and did. The Dec- laration of Independence was not by representatives of the people of the Colonies in mass as " one people." But it was by States in Congress assembled. It was voted upon by States as separate and distinct bodies politic, and proclaimed as the unanimous declaration of Thirteen States, which, by articles of confederation then before them, assumed the name and style of the United States of America. This was the state of things, and such were the political relations existing between the people of the different Colonies or States of this country on the 4th day of are as indisputable as that Washington commanded our armies. The legitimate inference and logical conclusions from these and other great facts of our history as to where, under our system, so emanating, and so constituted that ulti- mate, absolute sovereignty which can rightfully make and unmake Constitutions still resides, are matters which prop- 32 CONSERVATIVE VIEWS. erly fall within the domain of reason — the facts can never be upset. They are as firm as the everlasting hills and moun- tains which mark our geographical conformation. The conclusion I draw from them is set forth in the collo- quies. To me it seemed and seems irresistible, as much so as any truth in mathematics. It was on this point, the logi- cal sequence from the facts, I expressed a wish to hear from you. The object, of course, was not controversy — far from it ; but only in a private way to interchange views with one toward whom I have ever entertained so much esteem and respect, however widely we differed sometimes as to policy. As to our earnest desire for good government, I believe there is not and never has been any difference between us. It is only as to the surest means of attaining it Ave have differed. And, though this letter is longer than I intended it to be, you must bear with me in saying, further, that in my judg- ment good government never could be attained by the con- solidation of the people of the United States in one grand Republic, as you seem to think they now are. No surer or speedier road to despotism could be taken than such a con- centration of sovereignty. The only hope of Constitutional liberty over so large a country as ours is not in one Republic, but in a Union of Several Republics. In other words, in just such a Federal or Confederate Republic as our fathers, in their profound wisdom, devised at Philadelphia, in 1787. I did and do think it the best system of government, or rather of govern- ments that the world ever saw. It is, however, be it ever remembered, founded upon the separate sovereignty of the several States. This, my dear sir, is no delusion. It is an irrefutable truth. It is, moreover, an essential element and power in the harmonious working of the system. It is a power that may be misused or abused, or unwisely exercised, as it was, in my judgment, in the case of secession. Yet the great mischief and ruinous results of that unwise and impol- CONSERVATIVE VIEWS. 33 itic act are not to be attributed so much to the act itself as to the denial of the right to perform the act. Madness seems to have ruled the hour on both sides. While I did not think the bare election of Mr. Lincoln justified secession, yet I did believe and do believe that the breach of faith on the part of several of the Northern States, in the matter of the rendition of fugitives from service, did. But an act that is perfectly right in morals and law is not therefore either -wise, politic or expedient. This was my view of secession in 1800. But if, at the time, this great fundamental principle of our system had not been denied, we should have had no war, and the Union would have been restored upon its original principles, sooner or later — most probably before this time — and we should have escaped the rule of that fanatical spirit which, under the pretext of saving the Union, aims at nothing but the overthrow of the Constitution. That, indeed, was their object at the beginning ; for the Constitution they ever held to be nothing better than a "covenant with hell and an agreement with death." As much as I disagreed with those who advocated secession as a ' policy, yet I doubted not that many of them, even a majority of them, really and earnestly believed it was the only hope- ful way of escaping the terrible evils now upon us. But enough. Excuse this long scrawl. I had no idea of writing at any length When I commenced. I only intended to say I had read what you had written, with that interest I always feel in what you say on public questions ; but if the great facts of our history be as I have set them forth, (and about which I think there can be no doubt), then the people of the United States do not constitute one people or nation, in the usual sense of that word; but through, the State organizations, as States, they are united in one great Federal Republic. Hence, while I cordially respond to the truly patriotic tone of your sentiments, yet I find very 34 CONSERVATIVE VIEWS. little in what you said which has any bearing upon the deductions of my argument, based upon the premises on which it rests. Yours truly, Alexander H. Stephens. J. A. Stewart, Rome, Get. Rome, Ga., June 6th, 1868. Dear Sir : — Your esteemed favor of 3d instant has been received, and I have read its contents with more than usual interest ; and I can join you in saying that a controversy between us, in reference to State sovereignty and topics connected therewith, should not be our object. A contro- versy was no part of my purpose when I consented to write you an opinion of your late work, (the " Constitutional View of the War between the States.") I found, however, that in giving an opinion in conflict with your views, which were at variance with my convictions, would lead at once to controversy, and this you will see, from my rather lengthy communication, I endsavored to avoid, by refraining from a close critical view of the views in question. It is no part of my purpose now. I desire, however, to be more explicit in a few brief remarks, which I think is due myself and to you, in reference to the topics under consideration. In the first place, I will remark that demonstrable truth never gives rise to controversy. It is only points not sus- ceptible of positive proof that engage the controversial powers of intellect. The very fact of matter being in con- troversy is evidence of a want of power to demonstrate. As to the points at issue between us, I find a great deal said on both sides, by men of undoubted ability and patriot- ism ; and I have now before me Webster's great speech in reply to Hayne (which appears to me to be unanswerable) •in support of the views I entertain. CONSERVATIVE VIEWS. 35 Prior to the achievement of American independence, the American colonies were under the control of the Government of England. They were held as dependent and subordinate provinces, having no existence as independent political bodies. Their government was a monarchy, and they were held as subjects, until, through the instrumentality of Thomas Payne, they were enlightened as to the fundamental principles of representative governments, and the necessity for a separa- tion from England, and, indeed, to set up for themselves. The experiment was tried, and independence for the whole people was the result ; leaving them free, either to adopt a monarchy after the model of England, or some other form of government more in harmony with the spirit which then prevailed of liberty, justice and equality. Some wanted a monarchy, and urged General Washington to accept a crown, which was evidence that the object was to set up a govern- ment for them as " one people." A government was needed for the people (a national government) and the form was the only thing to be decided. A representative government was finally agreed upon. The Government of the United States — embodying the fun- damental principle that majorities must rule ; confining the powers to the establishment of justice, and insuring domestic tranquillity, as well as the protection of our national inter- ests at home and abroad ; reserving to the States all powers not delegated to the National Government, to be used in the maintenance of peace, justice and security for the people within their limits ; requiring of each State, however, to so adapt or remodel their Constitutions and laws as to conform to the Constitution of the United States. This is the Gov- ernment of the people of the United States, as I understand it; and any usurpation on the part either of a State or of the United States, in violation of the agreement establishing the Government, is wrong, and if intolerable should be resisted. 86 CONSERVATIVE VIEWS. Peaceable secession is a fallacy, as our sad experience has demonstrated. Then, again, the majority rule established the Government. The people of a majority of the States ordained and established the government, and provided means by which it could be peacefully altered, reformed or abolished ; and hence any other means of change, not provided for in the Constitution, would be revolutionary and unjustifiable. A Constitutional majority of the people could rightfully, in conformity with provisions for amendments, if found necessary, change the entire Constitution ; leaving the people of each State in full possession of all the delegated powers, breaking up the Union and establishing separate and distinct nationalities. But this could only be done legally by major- ities recognized in the Constitution — not by a single State, or a dozen States, but by two-thirds to propose and three fourths to ratify. Any thing outside of this is "higher law," unknown to the Constitution. One word more in conclusion. Please change one term in the title of your book, and consider the effect. Substitute Compact for " Constitutional." Say, " Compact View of the War," &c. If the Constitution is really only a compact, there would be no impropriety in the change of words. But I am extending my remarks beyond what I intended, which you will please excuse. Yours very truly, J. A. Stewart. To Hon. A. H. Stephens, Crawfordville, Ga. conservative views. 37 Liberty Hall, Craavfordville, Ga., 10th June, 1868. My Dear Sir : — Yours of the 6th instant has just reached me. I am very much pleased with its tone and temper. You will excuse me in saying a few words in the same spirit in reply. Are you correct in your position that demonstrable truth never gives rise to controversy ? Is any thing more clearly demonstrable than that the earth turns on its axis ? Was there not great controversy about this truth ? Was not Galileo threatened with torture for maintaining it ? Truths are logical deductions from facts. Between intelligent, ra- tional minds there can be no controversy or disagreement as to the " quod erat demonstrandum," etc., (the matter to be demonstrated), where the facts are agreed upon. All the controversy or disagreement that has arisen or existed be- tween men of undoubted ability and patriotism in our coun- try, upon the questions discussed in the work alluded to, has its origin in a disagreement between them as to matters of fact. If the facts of our history be as I have set them forth, then the conclusions, or truths which they establish, are demonstrable. They are as demonstrable as any truth in mathematics. All depends upon the correctness of facts. I agree with you entirely, when you say that " it is only points not susceptible of positive proof that engage the con- troversial powers of intellect;" or, rather, I would say that it is only such points as are not susceptible of positive proof that ought to engage controversial powers of intellect long. For all such as are susceptible of proof ought, in the forum of reason, to be settled by the proof. Some controversy, in such cases, may arise as to the character of the proof; but if this is undisputed, or indisputable, then the truth — the legitimate logical deduction from the facts — becomes the demonstration. Hence it is hardly correct to say, as you do, that " the very fact of a matter being in controversy is evidence of a want 38 CONSERVATIVE VIEWS. of power to demonstrate ;" for very often, in settling premises —or arriving at facts capable of proof, on which facts, when established, the argument is to be erected, in demonstration of the great proposed truth — controversy, or discussion pro and con, may arise. Assumed premises are often not granted. These are frequently disputed ; but, when established by evidence or proofs that can not be controverted in the forum of reason, they then become facts — incontrovertible facts — upon which the argument may proceed, to the complete demonstration of the ulterior truth. This ulterior truth, which I think is completely demon- strated in the "Constitutional View," is that the Constitu- tion of the United States was formed, agreed to, assented to, and ratified by States, as separate, distinct political sovereign powers — that it was made by States and for States ; that is, it was made by States, and for the government of States, in all their foreign and inter-State affairs, and not for the government of any people whatever, apart from the several States' authority, in any sense whatever. In other words, that it is a purely Federal Government, founded upon com- pact between independent sovereign States. This, I repeat, is the ulterior truth, which I think is demonstrated in the book. Whether the demonstration be conclusive or not, depends upon the proofs on which rest the preliminary facts. If it be established as an incontrovertible fact, as a matter of history, that the Declaration of Independence was but the joint act of several distinct colonies, for the independ- ence of each colony by itself, and not for the independence of all the American colonies, as one people or nation ; if, further, it be a fact that these colonies did afterwards become separate and independent sovereign States, and did so acknowledge themselves to be in their first Articles of Con- federation ; and if, in a word, all the facts connected with the formation of the present Constitution be as set forth in the book — then the conclusion is nothing short of a demon- CONSERVATIVE VIEWS. 39 stration that the Constitution itself is a compact between sovereign States, with all the incidents and consequences resulting therefrom. You suggest to me to change the word " Constitutional," in the title of the book, to the word " Compact," etc. This would be improper, because it would not give the specific as well as the generic character of the work. Every Constitution of government, formed by the consent of a free people — either in mass (as those of one society or body pol- itic, like our State Constitutions were formed), or by the assent of organized political bodies (as the Constitution of the United States was) — is a compact, but every compact is not a constitution. Two or more nations may make a treaty simply : this would be a compact, but not a constitution. Constitution, when used in reference to bodies of men, im- plies or means the organic law which establishes the channels through which political powers are to be exercised, as well as the nature and extent of the powers to be exercised by the agents it provides for the jxecution of them. It is, there- fore, properly applied to siWn organic law, when made for a single society or State, or for an aggregation of distinct societies or States, as integral members of a government. When so made by the people of a single society or State, it is a social compact. When so made by an aggregation of societies or States (each society or State acting as a separate body politic), it is a Federal compact. Our State Constitu- tions are all social compacts. The Constitution of the United States is a Federal compact : it is a compact between States. It is a compact, however, by which each State, as a State, agrees that a certain portion of her sovereign powers (but only those which relate to foreign and inter-State mat- ters) may be exercised by a designated class of agents, who are the common agents of all the States. This makes it a government, and gives it a specific character, distinguishing it from other kinds of compacts. It is, moreover, a govern- 40 CONSERVATIVE VIEWS. ment proper, too : but no more a government proper, however, than the Articles of Confederation were. It has more powers conferred, and more agents, and different ma- chinery for its operations; but its nature is the same. The Articles of Confederation were the first Constitution for the United States. That was a compact — "a league," said Judge Marshall ; but it was, nevertheless, a Constitution for the States, conferring the exercise of important, though not absolute, but delegated, governmental powers. The present Constitution is also a compact between the same sovereign powers, though it confers, T>y like delegation, several addi- tional governmental powers. Therefore, as it is a compact, conferring governmental powers of some sort, it is a Consti- tution. It is properly styled a Constitutional compact ; and it is also, as its preamble asserts, a Constitution for States, and not for any people whatever in a municipal or social point of view, in any sense of the word whatever. Hence " Constitutional View " is right and most appropriate. Now all these things, I insist, dkc demonstrated by me, if the facts upon which the argument i3 built are true. All de- pends upon the truth of these great leading facts of our his- tory. If the proofs upon which they rest cannot be success- fully assailed, then, for the future, all controversy on these questions heretofore at issue may cease ; all bare theories or opinions must be abandoned. The world — the intellectual world — must acknowledge the truth, that the Constitution of the United States is a compact between sovereign States, and that powers delegated by the sovereign States may be resumed by them; or, at least such was the condition and the rights of the parties under their organic law, at the be- ginning of the late unfortunate and ever to be lamented war between the States. And hence, I repeat that " a Constitu- tional View (one that looks into this organic law) of the late War between the States," is, I think, an exceedingly appro- priate title. CONSERVATIVE VIEWS. 41 One word in reference to Mr. Webster's speech in reply to Mr. Hayne. His whole argument was based upon the assumption that the Constitution was made by the whole people of the United States as one body politic; he assumed it to be a social compact and not a Federal compact. The overwhelming proofs establishing the great facts of our his- tory, which I have brought to light, show that this assumption was groundless — utterly untenable — and that his reasoning from erroneous premises, however logical and grand these premises, led him to erroneous conclusions. The same applies to his reply to Mr. Calhoun ; but later in life, as I show, he himself admitted that the Union was one — not of the whole people as "one people" or nation — but that it was a "Union of States." Do pardon this long letter. My whole soul is in the theme, and when I begin to write I hardly know when to quit. With sentiments of the highest esteem and kindest re- gards, I remain as ever, Yours truly, Alexander H. Stephens. Mr. J. A. Stewart, Rome, G-a. p. g. — Do pardon me for submitting to your consideration a few more stubborn facts, which seem to me to be utterly irreconcilable with the theory, or idea that the Government of the United States is the Government of the people of one single Republic; and "that it is founded upon the funda- mental principle that majorities must rule" &c, which you seem to entertain, and which Mr. Webster did so ably en- deavor to establish. Now, it is true, that our State governments were in the main — or most of them — founded upon this principle, though not so with all of them at first ; but it is not true of the General or Federal Government at all, so far as the majority 42 CONSERVATIVE VIEWS. principle relates to the masses of the*pcople. The majority principle in that is recognized mainly as to States ; it is, therefore, a government of States, as our State Governments are governments of the people. The Federal Government can virtually do nothing without the concurrence of a major- ity — not of the people of the United States — but a majority of the States, without respect to the number either of their people or the number of their enfranchised citizens. The enfranchisement, or disfranchisement of any portion of the citizens or people of a State, depends entirely upon the States themselves. This power attached to their sovereignty before the compact of the Constitution was made by them. They did not delegate it, but expressly reserved it under the compact. But the great fact I wish to call your special attention to, is, that no law or measure can be passed by the /States, in Congress assembled, under the Constitution, without a major- ity of the States voting upon it. In tins particular, there is no essential change between the present system and that of the first Confederation. Under the present system no law can be passed, and no man can be appointed to any office of high dignity or trust, without a majority of the States voting upon it. No change in the articles, or terms of this union between the States, can be made without the assent of three- fourths of the States ; and no change in these articles can ever be made which shall render it out of the power of a bare majority of the States, as States, without regard to their population, to defeat any measure whatever of the Federal Government ! Such is the Constitution of the United States of America ! And under it, nothing is clearer than that a majority of the States, with less than a third of the entire population, can defeat any measure which more than two- thirds of the population of the whole country might earnestly desire ! Under the system to-day, the six New England States, with a population, at the last census, of a little over CONSERVATIVE VIEWS. 43 three millions, have as much power as six of the larger States, with a population of over thirteen millions ! Could a greater monstrosity of government for "one people" be imagined than this ?. But how beautiful the system is as a Federal system — as a system for States! — each possessed with sovereign power to govern its own people as it pleases, and the Federal Government having no power to interfere with the citizens of the several States, touching either their properties or liberties, except in such matters as relate to for- eign nations, and matters exterior to the respective States — those that concern the harmony, tranquillity, peace, and gen- eral welfare of all the States, as States. Such, my dear sir, is our Government. But I will not ask your opinion on this view ; I submit it simply for your own calm reflection and meditation. As I have often told you, we differ not in our objects or aims ; we both equally want good government. We may differ as to the best means of attaining it ; we cannot differ long as to facts susceptible of proof. In my opinion, the Government of the United States, constituted as I understand it to have been, was the best government the world ever saw, for the objects aimed at in the formation of a Federal Republic. But under the doctrine of its being one consolidated nation, it seems to me to be quite demonstrable, that there is and can be no check against its running immediately into complete Centralism and Despotism ! But enough. Yours truly, Alexander H. Stephens. Mr. J. A. Stewart, Rome, Ga. 44 CONSERVATIVE VIEWS. Rome, Ga., July 2d, 1868. Dear Sir: — Your esteemed favor of the 10th inst. carne duly to hand; but before I had the pleasure of perusing it I was taken suddenly ill, and was for some time confined to my bed. On recovering, a press of business matters required much of my attention, leaving but little time to devote to the consideration of the more explicit statement of your views on State Sovereignty, submitted for my further reflec- tion and meditation. It is not my purpose, in this communication, to elaborate an opinion on the views submitted. I will only offer a few desultory remarks to show why I refused to go with my State when she attempted, to resume the powers which she had solemnly delegated to the United States through the action of her people. The government of the United States, as I understand it, is of the nature of an indissoluble partnership. A recog- nized majority of all the people of each State agreed to "ordain and establish" a Constitution as the fundamental " law of the land," " anything in the Constitution or laws of any State to the contrary notwithstanding:" the "several State legislatures, and all the executive and judicial officers, both of the States and of the United States," to be bound by oath or affirmation to support the Constitution which they ordained and established. The Constitution of the United States was the result of four months' deliberation and discussion, by men chosen to represent the several States, then thirteen — twelve only represented. The main question they had to decide was how much power to delegate to the United States, and how much to reserve to the States, or to the people. A portion of the people, through their representatives, manifested a preference for a strong national government, in order to hold in check the disorganizing tendency of State sovereignty ; whilst another portion apprehended as seriously the danger CONSERVATIVE VIEWS. 45 of despotic power from a strong government for the nation. The question as to the delegated powers and those re- served to the States respectively, or to the people, was settled by ordaining and establishing a National Congress, a National Judiciary, a National Executive, an army and a navy; also all power necessary and proper to carry into effect the establishment of justice and domestic tranquillity; and, also, to provide for the common defense, promote the general welfare, and secure the blessings of liberty to our- selves and our posterity. The powers for these purposes are numerous and ample. It was not, however, delegated to the United States to enact the civil polity or laws of the several States. These were among the powers "retained by the people," or "reserved to the States respectively." And it is clear, that so long as the States administer justice, and so long as the domestic tranquillity within their borders was not materially disturbed, the government of the United States had no rightful power, in the slightest degree, to interfere. The tranquillity of the people of all the States, as States, and as citizens of the United States, was, however, of vital importance to the gen- eral welfare; and hence the power to make all laws which shall be necessary and proper for carrying into execution the delegated powers in the maintenance of domestic tran- quillity and the promotion of the general welfare. All pow- ers not prohibited by the Constitution to the States, are "reserved to the States respectively, or to the people." The power to secede from, and break up, the Union, and thereby disturb the domestic tranquillity of the people, was not reserved to the States. The power of a State to enter into an alliance with another State to break up the Union and involve the people in an- archy and war, was not reserved. The power to each State, at its own will and pleasure, to withdraw from the Union and resume the delegated powers, 46 CONSERVATIVE VIEWS. was not reserved. And had it been reserved, by express and definite terms, it would have been impracticable. One State against twelve, or one against thirty! Think of it! See how preposterous and absurd! Sovereignty ab- solute means paramount or supreme power against all oppos- ing powers. No one State posseses this power. Decisive majorities, whether right or wrong, will necessarily rule. One State can no more defy thirty States, than can one man defy thirty men. Thus it is clear, that absolute paramount State sovereignty has no existence in fact ; and the whole history of our country goes to show that it never did exist. It did not exist when the people of the several States or colonies were subject to Great Britain. It did not exist during the revo- lutionary war for independence. It did not exist after independence was achieved ; and the very feebleness of the States, singly, created the necessity for a union of the States, or the people, into one great National Government. United, they were able to stand. Divided, they were too feeble, singly, to protect themselves ; too feeble to insure domestic tranquillity, or oppose invasion from without ; too feeble, after seventy years of unexampled prosperity, when States had become rich, boastful and arrogant, and when not one, but eleven States combined, attempted to overthrow the government of the United States. They failed, for want of sufficient sovereign power ; and this will inva- riably happen, in all similar experiments, until the peo- ple, blinded by the fallacy of State Sovereignty, or some other impracticable theory or dogma, become weaned off from, and lose sight of, the good old government. It will then fall to pieces itself, leaving the States, or the people, to deplore their inestimable loss. In the foregoing remarks, I believe I am speaking the truth from the words of the Constitution itself. * I believe I am speaking the truth when I say the achieve- CONSERVATIVE VIEWS. 47 ment of independence was Continental, and not Provincial ; that I am speaking the truth -when I say, under our form of government, State and National, the majority rule was recog- nized as a fundamental principle, requiring in some cases two-thirds, and three-fourths, to enact, establish or ratify ; leaving a peaceful or restraining power in the hands of the minority — not to make laws, but to hold in check for further consideration. I think I speak the truth, too, and that you will bear me out in it, when I say the real conflict through which we have passed " arose from no inherent defects of our system of government," nor from any oppressive laws ; " that the difficulties that then 'environed us did not arise from any weakness of the craft on which we were borne — the ship was strong enough — the danger was not there. The trouble was with the crew — with the men to whom her safe guidance was confided — with our public men everywhere ; in Congress as well as in our State legislatures and party conventions. We had too many demagogues and too few T statesmen. There was not that loyalty to principle which characterized the men of the past generation. Men sought office, even the highest, for the honor to be derived from it, and not with any view to the honor they ought, by holding it, to confer upon it in the able and faithful discharge of its duties. These were the real troubles. They augured a fearful degen- eracy of the times and of the people. They sprung from those who controlled, and who sought to control the govern- ment." This is, in brief, a true history of at least some of the originating causes of our troubles, well understood in 1860. We had too many demagogues and too few statesmen. It was a scramble for office that then involved us in trouble ; and it is a scramble for office now that is intensifying and complicating our troubles. I refused then to go with rash men and demagogues to break up the Union and jeopardize 48 CONSERVATIVE VIEWS. the reserved rights of the States; and I refuse now to go with higher-law men and demagogues, who are trying to perpetuate the evils brought on us by secession. I hold that it was not our duty, as citizens of the United States, to go willingly with our State, or with our leading men, in their attempt to get out of the Union; and that our refusal to do so was not incivism. "We were true to our system of government, State and National ; and were opposed to any revolutionary movement to break it up. We submitted to a government de facto, but never sanctioned its authority as de jure. But enough of this extempore epistle. I am in too sad and despondent a mood to write wisely — or to write at all. Yours very truly, J. A. Stewart. Hon. A. H. Stephens. Liberty Hall, Crawfordville, Ga., 10th August, 1868. Mr. J. A. Stewart, Rome, Ga. : My Dear Sir : — Your letter of the 2nd ult. came to the office here, as you know, while I was in Atlanta defending the Columbus prisoners before the late military commission at that place. I informed you, when we met there during that trial, that your letter had been received ; that it had been forwarded to me there ; and that I would reply to it so soon as I should have sufficient leisure and a suitable op- portunity. This promise I now fulfill ; and in doing it, I can but repeat in writing substantially what I said to you verbally upon the subject. Y^our motives, in not going with your State in her act of secession, I always respected. In reference to this measure we stood together on one point — that was the impolicy of it. CONSERVATIVE VIEWS. 49 On two other points, however, we differed widely. These were, first, its rightfulness as a sovereign remedy against Federal wrongs ; and, secondly, the results of its success, when resorted to, upon our institutions generally. I believed in the right — you did not ! I believed, also, when it was resorted to (however strongly I was opposed to it as a politic or expedient remedy for then existing wrongs), that the only sure hope for the preserva- tion of Constitutional liberty in this country, North as well South, was in the success of the measure ; that is, in the successful maintenance and establishment of the principle of the sovereignty of the separate States. In this view you differed from me "toto eoelo." Your only sure hope for the same end was the failure of the cause, and the re-establish- ment of what you considered the legitimate national author- ity. The reasons and convictions by which you were governed I then fully understood. From your conversations with me before secession, and your letters to me after that event, I knew perfectly well what they were. Your motives, as I have said, I respected. Your patriotism I did not doubt. Your devotion to principles, as you understood them, I con- sidered equal in sincerity to that of any man I ever knew. Not more so, however, than my own. My own convictions were as strong and thorough as human convictions or belief can be, that you were wrong on both the points of our dis- agreement referred to. A mutual tolerance of these differ- ences preserved our friendship during the war ; and it was only after repeated indications, in your letters to me pending the "reconstruction measures" of Congress, of your great disappointment at the results, and the then general tendency of public affairs, that I took occasion to call your attention to the elaborate exposition of all these antecedent questions in the " Constitutional View," etc., and to ask you what you thought of it. The object was, that from that exposition you might per- 4 50 CONSERVATIVE VIEWS. haps, see, that it was a radical error to suppose that consti- tutional liberty with us could be maintained by attempting to perpetuate, by force, a Union of States voluntarily associated by compact ! A calm review of the whole question, I thought, might bring you to a reconsideration and change of your previous opinions, and sincere convictions, as I knew them to be, as to the nature of our system of Government, and the surest means of preserving liberty under it. In this work were thoroughly discussed, those points on which we had so widely differed at the beginning of our public troubles. My object, as stated before, was not controversy. It was simply to impress upon your mind the great truths set forth in the work alluded to, establishing the sovereignty of the States ; from a denial of which came the war with all its calamities — from which came all our present political ills— and from which, I fear, will come much greater and more dis- astrous ills of a like character hereafter. You say you have had but little time to devote to the con- sideration of the more explicit statement of my views on State Sovereignty submitted in my last letter for your further reflection and meditation ; and then ;you go on to offer what you style "desultory remarks," to show why you refused to go with your State when she attempted to resume her dele- gated powers, &c. Now, these remarks so offered, are by no means uninterest- ing to me as matters of personal history, but you must allow me most respectfully to say to you, that they do not touch the great facts of the history of our country, to which your attention was at first called, and to which it was again earn- estly directed. The reasons assigned for your not going with your State, your conscientious belief as set forth, may be quite sufficient to justify you in the judgment of all unprejudiced minds, as an honest, aincere, conscientious man ; and not intentionally derelict in CONSERVATIVE VIEWS. 5l the discharge of any duty understood, and considered as such. They certainly so justify you in my estimation, and they so justified you in my estimation during the war. Just as I, for like considerations, perhaps, stood justified in your personal good opinion, notwithstanding the course I took in the conflict when it arose. Of this personal good opinion on your port, and even kind feelings towards me, I received evidences and testimonials of a character, and under circum- stances never to be forgotten ; and never to be thought of without emotions of gratitude. But all this has nothing to do with the great questions of the right, or wrong of secession ; the right and the wrong of the war ; which are so fully discussed in the book. It has noth- ing to do with the question of State Sovereignty, on which depends the right of secession ; and with it the solution of the question, on which side, in the war that followed, is to be placed the right of the contest ; and also, on which side the present evils, so seriously felt by all of us, are chargeable — on the side of secession, or on the side of those who made war to prevent it. Let me again ask you to re-read the book. Study it closely. Examine its array of facts — not my statement of them, but the records therein produced themselves — these enduring monuments of history. When you have done so, put to yourself these questions. Is it true that the Colonies, before their Declaration of Independence, were separate and distinct political organizations ? See Con. View, page 54. Is it true, that in making the Declaration of their Inde- pendence, they voted by Colonies, and thus unanimously declared themselves to be Free and Independent (not nation) but States ? See Con. View, page 68. Is it true that before this Declaration was made, a com- mittee was raised by the Congress that made it to prepare Articles of Confederation between them as separate, distinct, 52 CONSERVATIVE VIEWS. sovereign States, to go into effect after the Declaration should be made ? See Con. View, page 69. Is it true that these Articles of Confederation were after- wards reported and entered into, and in them it was declared : " Each State retains its Sovereignty, Freedom and Inde- pendence, and every Power, Jurisdiction and Right which is not by this Confederation expressly delegated to the United States in Congress assembled"? See Con. View, page 74. Is it true that this Congress expressly declared that the allegiance of the citizens of the several States was due to the State f See Con. View, page 70. Is it true that in the Treaty of Peace, in 1783, Great Britain acknowledged the Independence and Sovereignty of each of the States separately, and by name ? See Con. View, page 75. Is it true that the Supreme Court of the United States, in 1805, decided that "on the 4th of October, 1776, (after the general Declaration of Independence on the 4th of July before,) the State of New Jersey was completely a Sover- eign and Independent State, and had a right to compel the inhabitants of the State to become citizens thereof" ? See Con. View, page 76. Is it true that Judge Chase, from the same bench, in 1796, gave forth these utterances : "In June, 1776, the Convention of Virginia was a Free, Sovereign, and Independent State, and on the fourth of July, 1776, following, the United States, in Congress assembled, declared the thirteen United Colonies Free and Independent States; and that as such they had full power to levy war, conclude peace, &c. I consider this as a declaration, not that the United Colonies jointly, in a collective capacity, were Independent States, &c, but that each of them had a right to govern itself by its own authority, and its own laivs without any control from any other power on earth " ? See tCon. View, page 80. CONSERVATIVE VIEWS. 53 Is it true that Chief Justice Marshall, from the same bench, as late as 1824, declared that under the Confedera- tion the States were completely Sovereign and Independ- ent ? See Con. View, page 81. If, after a thorough examination, the answer is Yes, as it must be, to each of these questions — for the proofs of the facts embraced in them, adduced in the volume referred to, are incontestable — then allow me, without submitting any more of a like character, now to ask you — barely for your reflection, and with a view to elicit an answer — if these be really the facts of history, does it avail anything against them, for you to inform me, however honestly and sincerely, that you do not believe that absolute paramount State Sov- ereignty ever did exist in this country, either before or after the adoption of the present Constitution ? This is about the substance of what you say upon that subject. It is not my purpose to argue the case at this time. I simply ask if the facts be as set forth, were not your pre- vious opinions, which are now repeated, founded in error ? You say, for instance, "the Government of the United States, as I understand it, is of the nature of an indisso- luble partnership." But is this a correct understanding of it, if the facts of its history be as set forth in the Constitutional View ? Must not these facts be assailed and demolished, or must not this understanding be abandoned ? Is not one or the other of these alternatives a logical necessity ? Can opinions, theo- ries, assumptions, or understandings of any sort be main- tained against unquestionable and indisputable facts, when intellect, guided by reason is the arbiter ? This is the view I have endeavored, and still endeavor to impress upon you. The real undeniable facts of history, and not our crude understanding of them, must prevail in this matter. Moreover, allow me to say that I do not know that I exactly comprehend what you mean by an indissolu- 54 CONSERVATIVE VIEWS. ble partnership. There is, and can be no such thing in law, as an indissoluble partnership between persons in any of the business transactions of life, much less can there be any such thing between Sovereign States or Nations. Again, what avail is it for you to tell me that the question of difference between the advocates of a strong Government and the advocates of a Government of delegated and limited powers in the Convention that formed the present Constitu- tion, was settled by that body " ordaining a National Con- gress, a National Judiciary, and a National Executive," &c, if the records taken from the Journal show directly the re- verse of this to be the fact of the case, as those adduced in the volume referred to do most explicitly show ? Is it or not true that the word National was stricken out of the draft of the proposed plan of Government, then before them, wher- ever it occured, and the words "United States," or " Con- gress" substituted in its place? See Con. View, page 119, et seq. Was not National Legislature stricken out and Congress put in its stead ? Was not the meaning of the word Con- gress well understood ? Did it not then and now mean an assemblage of States ? Congress, under the first Articles of Confederation, was the meeting in council of the several separate sovereign States, through their duty appointed and accredited representatives. This well-known word, with its proper and legitimate meaning, was retained in the present Constitution. There was no change in this particular in the present Articles of Union from those of the first Confederation. Congress means the same now that it did before the Convention of 1787 met. It means the assemblage of sovereign States in grand council. It was known not as the National Legislature, as by some it is called, but as "the Congress of the United States." Under the first Articles of Union, this council of States consisted of but one house. Now it consists of two. The members CONSERVATIVE VIEWS. 55 of both, however, are chosen by the States, as States; and every law that has been passed since the adoption of the present Constitution, as before, is in the name and by the authority, not of a National Legislature, but expressly by the authority of "States in Congress assembled." Moreover, in the new arrangement it was so provided, as I have before said to you, that no law can pass, nor can any person be appointed to any high office of honor or trust, if a majority of the States vote against it. Delaware to-day, with her little over one hundred thousand population, has as much power to prevent the ultimate passage of a law, as New York with her nearly forty times that number. Are these facts or not ? If facts, what becomes of your idea of the fundamental majority principle of the Government? These are the points, in all legitimate inquiry on these subjects, first to be ascer- tained and settled. The book referred to showed them to be incontestable facts. Then again, what avail is it for you to tell me that " the power to each State at its own will and pleasure to withdraw from the Union and resume the delegated powers, was not reserved" under the Constitution, if it be true, as matter of fact, that the sovereignty of the States was not surrendered by the adoption of the Constitution? That they were sov- ereign before must be received as an unquestionable fact. And the bare fact that all the powers possessed by the Fed- eral Government are by universal accord admitted to be del- egated only, ought to be of itself sufficient to satisfy any one that the Paramount Authority delegating must of necessity have continued to exist. So general was this opinion in the minds of those who framed the Constitution, that nothing was said on that subject in the instrument, as it at first came from their hands. But, to quiet the apprehensions of many upon that point, it was soon after expressly stated in an amendment unanimously adopted by the States, that '*the powers not delegated to the United States by the Constitu- 56 CONSERVATIVE VIEWS. tion, nor prohibited by it to the States, are reserved to the States respectively, or to the people." This settled the ques- tion that sovereignty, the source of all political power, was reserved or retained by the States severally, under the second Articles of Union, as it had been under the first. So stated Samuel Adams when this amendment was before the Massa- chusetts Convention. No one in the Convention that framed the Constitution questioned the sovereign right of the States severally to secede from the first Articles of Union, though upon their face they were declared to be perpetual. Eleven States did thus, of their own will and pleasure, withdraw from the first Union, by virtue of this power or right, which was incident to their sovereignty, and entered into the new arti- cles. The two other States left by them soon followed. The same power or right to withdraw in like manner from the se- cond Articles of Union necessarily remained as an incident of the same sovereignty. Hence, if the facts of our history be as set forth in the book referred to, it must be admitted that the power to withdraw at pleasure was reserved to the States. Judge Story and Mr. Webster fully admitted this. See Con. View, pp. 497-8-9. All rational minds must admit it. The whole question therefore turns upon the truth of the facts of our history set forth in the book. These I cannot repeat here, but re-invite your attention to them. What you say about the power to disturb the domestic tranquillity, or injure the general welfare, not being reserved, I fully admit. The power wrongfully to disturb the domes- tic tranquillity of neighboring States, is not a natural right of Sovereignty. The powers reserved to the States were all the natural rights of nations, as established by the laws of nations ; except such as were delegated to their co-States, and such as were covenanted not to be exercised by them separately, while the bond of their associated union should continue. In this respect there is not the slightest differ- ence between the provisions of the present Constitution and CONSERVATIVE VIEWS. 57 the first Articles of Confederation. It was because the right to disturb the domestic tranquillity of their neighbors was not reserved to the States, and did not by nature belong to their Sovereignty, that the Southern States so justly com- plained of the settled policy of many of their Northern Confederates to disturb their domestic tranquillity, and even to stir up insurrections in them. A great deal more I could say on the same line, but I have not time. What I have said, is sufficient to show you that nothing in your letter, now before me, bears at all upon the great questions to which I first called your attention, and which underlie the whole subject. The latter part of your letter I do endorse fully ; I re- cognize in it a paraphrase only of what I said myself upon some occasion. I did consider the Constitution, as made by the Fathers, as embodying the best system of Government ever devised by man. While the breaches of faith on the part of some of our Northern Confederated States, were sufficient to justify a withdrawal from the Union, on the part of the Southern States, yet I did not think a withdrawal the wisest or best, or even surest policy, to obtain a redress of the grievances of which they so justly complained. The state of things then existing, sprung from no defect in the Con- stitution ; it was the work of demagogues, both South and North ; chiefly, however, at the North. I, moreover, greatly doubted if we had statesmanship enough at the South to guide our fortunes safely and successfully, in case this course should be adopted. I had the liveliest apprehensions that the end would be just what it is. These views, however, did not weaken in the least, my devotion to the great principles — the eternal truths — upon which our Government was estab- lished, and upon which, alone, you will allow me to say, in my judgment, Constitutional Liberty, on this continent, can be maintained and perpetuated. Had these principles CONSERVATIVE VIEWS. been adhered to — if no war had been waged against the se- ceding States, I feel quite sure we should, sooner or later — perhaps before this time — as I have said before, have had a restoration of the whole Union, upon the same principles of voluntary agreement, that it .was at first formed upon. I call your special attention to the last colloquy, in the book on this subject, page 523, et seq. But, with your views of the nature of the Government of the United States, you will allow me, most respectfully, to say, I do not see how you can complain of its late action, even in the enfranchisement of the blacks. If a National Congress was ordained with full power to pass all laws that they might deem proper, for the general welfare, with a Na- tional Judiciary to interpret, a National Executive, with an army and navy to execute, why has not the present Con- gress the perfect right to enfranchise the blacks, and place them upon a perfect equality with the whites in any respect, if they think the general welfare and domestic tranquillity require it ? But, my dear Sir, without saying more, let me assure you in conclusion, that our fathers made no such government. Further, I will add that any government in this country, administered on these principles, as ours has been for the last eight years, will and must end, in a short time, in Em- pire and Despotism. Yours truly, Alexander IT. Stephens. Rome, Ga., Sept. 17, 1869. The reader of the preceding pages will perceive that I have either wholly misunderstood the " Government as it was," or else have been very unfortunate in the use of lan- guage in my correspondence with Mr. Stephens in reference thereto. He thinks, according to. my view, I should not CONSERVATIVE VIEWS. 59 complain of the unconstitutional acts and usurpations of the Government as it is now — under radical misrule; whilst I think, according to my conceptions of the " Government as it was," I have just and ample grounds of complaint against such unconstitutional acts and usurpations. If I have been unfortunate in the use of language, I hope the following quotation from Webster's reply to Hayne, Jan. 26th, 1830, may be understood as embracing very clearly and concisely my views as to what the Government, as ad- ministered by Washington and his successors, really was : "It is, Sir," (Mr. Webster remarks) "the people's Con- stitution, the people's Government; made for the people; made by the people; and answerable to the people. The people of the United States have declared that this Constitu- tion shall be the supreme laio. We must either admit the proposition, or dispute their authority. The States are un- questionably sovereign, so far as their sovereignty is not affected by this supreme law. The State Legislatures, as political bodies, however sovereign, are not sovereign over the people. " So far as the people have given power to the General Government, so far the grant is unquestionably good, and the Government holds it by authority of the people, and not of the State Governments. We are all agents of the Su- preme Power — the people. The General Government and the State Governments derive their authority from the same source. Neither can, in relation to the other, be called pri- mary ; though one is definite and restricted; the other general and residuary." The powers of the National Government, or of the United States, are "definite and restricted," made so by the Con- stitution, and hence all acts outside of the clearly defined limitations are acts of usurpation, revolutionary in their character, and dangerous to the liberties of the people. So, on the other hand, all attempts by the people of a State to 60 CONSERVATIVE VIEWS. disregard their obligations to the United States, or Nation, are only usurpations, unauthorized by their " general and residuary" potvers.t — unauthorized by any rights reserved to them by the Constitution — and hence revolutionary in their tendencies, and dangerous to our liberties. If the United States, through unfaithful agents and rep- resentatives, oppress the people beyond endurance, the higher law of self-preservation justifies an appeal to force, as a remedy for the evil. On the other hand, if the people's agents, having control of a State Government, arrogate to themselves absolute sov- ereignty, in defiance of our National Government, then the Nation has a right to coerce them to obey its Constitu- tion, and the laws in pursuance thereof, as " the supreme law of the land." Thus we have, in language that cannot be misunderstood, an exposition of a system of government which sanctions no infractions of the " articles of perpetual union," rendered " more perfect" by the Constitution. Nor does it sanction any interference with the people of the States in legislating for themselves, in their own way, on all matters pertaining to their State Governments within the limits of their re- served rights. The Union was designed to be perpetual, and hence the right of secession was denied. The Union ought to be perpetual, and its Constitution and laws obeyed. But if leading men persist in defying the Union on the one hand, and the Constitution on the other, then anarchy and violence will continue to ensue, until the Union and good government will be no more. Rome, Ga., Sept. 18th, 1869. I have just had the pleasure of reading a letter of Mr. Stephens, dated August 11th, 1868, addressed to the editors of the Constitutionalist, Augusta, Ga., commenting on a late CONSERVATIVE VIEWS. 61 editorial of the New York Tribune, in which I am pleased to find that his doctrine of the right of secession " is not based on the Constitution, but upon the authority that made that compact." He says "it is based upon principles existing before and above any and all constitutions." Now, all I have ever contended for is, that our Con- stitutional form of government forbids the disintegration of the Union by the withdrawal of States, but embraces ample provisions for the amendment of Constitutions, State and National, through which to " alter, reform, or abolish our governments in any manner we may see proper," in view of securing " peace, safety and happiness." Our Constitutions, however, recognize no mode of altering, reforming, or abolishing the government, except in conform- ity with Constitutional provisions for amendment. All outside of this is higher-law, and unjustifiable. Our true policy, under a government so wisely framed as was the United States, is to maintain it at all hazards against all higher-law experiments, either of secessionists or aboli- tionists ; for the reason, that all experiments, unauthorized by the Constitution, are revolutionary in their character, and lead to sanguinary conflicts, and, if long persisted in, to the inauguration of despotism. The Union of the States was designed to be perpetual ; and hence the Constitution, which made the Union, provided for enacting, altering, amending and repealing ; so that all changes and revolutions, which experience might suggest as essential to public good, could be accomplished, calmly, slowly, surely, deliberately, and without bloodshed. This view of the Government is in conformity with the plainest dictates of reason and common sense, and should not be abandoned for the ever doubtful expediency of higher- law experiments. The right to resist oppression exists at all times ; but the 62 CONSERVATIVE VIEWS. existence of this right gives us no authority to break up and destroy an existing form of government, which is not at fault, but which has fallen into the hands of bad men. On the contrary, it is our duty to maintain the Government, and if necessary remove from power, by force of arms, those who oppress us. But even this remedy should npver be resorted to, except in conformity with measures for main- taining or restoring the Government and enforcing the laws. SUMMARY OF HISTORICAL FACTS ADMITTED OR ESTABLISHED. The thirteen Colonies of Great Britain were originally separate and distinct political bodies, subject only to the power of the Crown of England. Afterwards, in 1776, they each declared their independence of the Crown, having first entered into a confederacy of perpetual union, styling it the United States. The then States remained separate and distinct bodies politic, subject to the Articles of Confedera- tion. In 1787, the Constitution of the United States superseded the Articles of Confederation, giving to the "perpetual Union" an army and a navy, and all the powers and attri- butes of a nation, for national and specified purposes ; the States remaining separate and distinct political organiza- tions, subject to the Constitution of the United States, and the laws in pursuance thereof. The Constitutions, State and Federal, comprised a system of government for the people of the United States, never intended to be broken, or changed, or abolished by any act outside of, or above, the Constitution ; and which can never be permanently abandoned, without blotting out forever, on this continent, the blessings of civil liberty. CONSERVATIVE VIEWS. 63 Rome, Ga., September 28th, 1869. "There is nothing in the book (Mr. Stephens' late work) which treats secession as a right derived from the Constitution. It is, on the contrary, derived from that sovereign power which made the Constitution." — Ex- tract from a letter of Hon. A. II. Stephens to the New York World, August 31, 1869. The above is the latest and most definite expression of Mr. Stephens on the right of secession. He denies that it is a right derived from the Constitution, but rests solely upon the sovereign power which made the Constitution. That is, if a separate and distinct sovereign State at any time agrees to part with any of its powers for any specified object, it may at any time and at its own option (though impolitic to do so) resume the powers parted with. Now, this may work beautifully in theory, but I think our experience for the last few years has fully demonstrated that it will not do in practice. Superior power will control, in spite of all the theories in the universe. It is always easier to get into difficulties than it is to get out of them. It is generally very pleasant and easy sailing to enter into a marriage engagement, yet the sovereign power parted with in "taking her for better or for worse" cannot at oar own option be resumed. And why not ? The answer is, that the laws of the State, backed up by power to coerce, rightfully compels the continuance of marriage relations, whether agree- able or not. And so, also, in reference to volunteering into an army. It is an easy-going thing for a free and sovereign citizen to volunteer his services and become a soldier in an army, and it would be very pleasant and agreeable to have power to volunteer out of it; but every soldier who has ever tried the experiment finds that he can volunteer into, but never out of, an army. Sovereign States are composed of sovereign individuals, and are the creatures of the people. Yet no sovereign citi- 64 CONSERVATIVE VIEWS. zen, individually, can resume the powers he delegated in making the State. So of the Federal Government. It is composed of sovereign States, which are composed of sover- eign individuals called "the people." It is the "creature" of the States, and the States are the creatures of the peo- ple, and all power is said to be inherent in the people. The all-powerful people gave up some of their individual rights to make State Governments, and then they used the State Governments as organizations to make a National Gov- ernment; and after having made and done all these things they reserved no power sufficient to undo what they had done. They volunteered in, but could not volunteer out. They got married, but could not get unmarried. The marriage cere- mony making a State was guarded by military power. It was possible according to the terms at the ceremony to modify or change the agreement, but not possible to peaceably with- draw from it. So of the marriage ceremony, which made the Federal Government or Nation. It could undergo changes in con- formity with itself; but, supported as it was, by an army and a navy, it was impossible for any one State to volunteer it- self out of the agreement. Right or wrong, the people of a State are compelled to submit to superior power, and to the very power which they themselves delegated. The Consti- tution of the United States is a frame of government, with all the appliances of power to make a nation ; and it will necessarily perpetuate itself until overthrown by a majority of the power which created it. One State cannot overthrow it, nor can a dozen States. Superior power of majorities will not allow it ; and the very necessity for salutary restric- tions upon our liberties forbids it. There is no need of any fine-spun theory about sover- eignty: it is only an empty name, except in connection with power to enforce its will. Nor is it worth while to elaborate the right of revolution. It is never right to make the at- CONSERVATIVE VIEWS. 65 tempt to overthrow a government, without a reasonable cer- tainty of success. It is never right — under any circumstan- ces — to overthrow a good government, and establish a worse one in its stead. DON'T DESPAIR OF THE REPUBLIC. DISPATCH TO CRITTENDEN AND DOUGLAS, AND THEIR REPLY. Atlanta, Ga., Dec. 6th, 1860. Hon. J. J. Crittenden and Hon. S. A. Douglas, U. S. Senators, Washington, J). C. : Mr. Toombs' letter, of the 22d inst., unsettles Conserva- tives here. Is there any hope for the rights of the South in the Union ? We are for the Union as our fathers made it, if we can preserve the rights of the South ; if not, for secession. Can the Union be preserved on this principle ? You ara looked to in this emergency. Please answer by telegraph. Signed : W. Ezzard, R. W. Sims, J. M. Norcross, J. P. Hambleton, T. S. Powell, J. A. Hayden, S. G. Howell, Geo. W. Adair, C. R. Hanleiter. REPLY. In reply to your inquiry, we have hopes that the rights of the South, and of every State and section, may be pro- tected in the Union. Don't give up the ship ! Don't des- pair of the Republic. Signed : J. J. Crittenden, S. A. Douglas. 66 conservative views. Liberty Hall, Crawfordville, Ga., May 18th, 1868. My Dear Sir : — You must excuse the delay of my reply to your kind letter of the 2d instant. I was away from home when it came. I write now at my earliest convenience. I send all your letters to me, that I can find, up to the close of the war. I cannot find those written in 1860. Those since the war I suppose you do not want. These letters, after you copy them, as you desire, I wish you would return to me. I prize them very highly. The only difference be- tween you and me, was this : I believed the only way to secure Constitutional Liberty in this country, after seces- sion was resorted to, was in the success of the cause. You thought, or seemed to hope, at least, that if secession should be abandoned, or overcome, that the old Union would be re- stored, and move on as before. I did not think so, and am not disappointed in the result. But you will see my views more at length in my first volume of the Constitutional View of the late War. Have you seen a copy of this book yet ? Please let me know if the package containing this and your letters reach you in safety. Yours truly, Alexander H. Stephens. J. A. Stewart, Rome, Ga. Atlanta, Ga., March, 1861. Hon. A. H. Stephens : — I know you will properly ap- preciate the motives which have prompted me to prepare the enclosed lengthy address. My undying attachment to the old Union will never permit a cessation, on my part, of hopes for reconstruction, until a fair opportunity is given to the people to freely express their opinions, and cast their votes untrammeled by fear, unbiased by falsehood, and un- CONSERVATIVE VIEWS. 67 controlled by self-constituted committees. I would be pleased to hear from you, in reply, and to have your consent to publish the enclosed address. If your Government does not suppress the mob spirit that prevails in our unhappy country, I fear we will, ere long, be deluged in blood. A free people will not long tamely sub- mit to a despotism that deprives them of the freedom of speech, and threatens their hearthstones with violence, and their houses with unreasonable searches and seizures. Yours truly, J. A. Stewart. "PO&TICAL TOPICS." Atlanta, Ga., March 16, 1861. Hon. A. H. Stephens: — I address you with the most pro- found respect. I am not insensible to the delicacy of your position as Vice-President of the new Government. We are too often prone to condemn hastily, as innovations or abortions, that which, upon a rigid test and fair experiment, proves to be of great utility. You are experimenting in matters which involves the peace, safety and happiness of society. You have acquiesced in breaking up our old land marks, and have been for some time engaged in a new survey — planting corner stones, and making out plats and charts, in view of affording the people more ample protection, more peace, more safety, more happiness, and more positive guarantees in support of the freedom of speech and of the press. If such is not your object, then we can attribute to your movements no other laudable purpose; and here I hope you will bear with me in stating, that so far as I am individually concerned, I have experienced no change for the better; but, on the contrary, have realized a change infinitely for the worse. I have realized the existence of a branch or auxiliary of the new order of things, as tending directly to the sup- 68 CONSERVATIVE VIEWS. pression of civil liberty, and the insecurity of our lives and property. But then this may he only a self-constituted vigilance committee, incident to revolutionary times, which your new government has not had time to suppress. If such is not its character, but in reality it is a branch of the new experi- ment, then I beg the Lord to preserve us from the hands of the chief department. In making these remarks I do not wish to be understood as jesting, or aiming at anything dis- respectful. I am in sober earnest, having discovered that my undying attachment to the Union, the Constitution, and laws of our common country, has rendered me an object of vengeance, and subjected me to the risk of violence at the hands of maddened factions. "Faction is the madness of the many, for the benefit of the few." " Frenzied be the head — palsied be the hand — that attempts to destroy the Union." — Gen. Eaton. "Truths would you teach — or save a sinking land: All fear, none aid you, and few understand." "Every kingdom divided against itself is brought to des- olation," If we pay a proper regard to truth, we shall find it neces- sary, not only to condemn our friends upon some occasions, and commend our enemies, but also to commend and con- demn the same persons, as different circumstances may require; for as it is not to be imagined that those who are engaged in great affairs should always be pursuing false or mistaken measures, so neither is it probable that their con- duct can be at all times exempt from error. Your letter of invitation to S. A. Douglas last fall, to come South and ail in maintaining a national organization, in view of preserving the Union through the maintenance of a Con- servative Union party, was commendable. Douglas yielded to your entreaties, and cheerfully took upon himself the CONSERVATIVE VIEWS. 69 arduous task of complying -with your request. The result was, as we anticipated, the maintenance of a strong conserv- ative element, embracing the supporters of Bell and Douglas, outnumbering the disunionists, or Breckinridge men, by a decisive majority. Douglas has been true to the policy dic- tated in said letter of invitation. You, I think, (no doubt with good motives,) have abandoned it. You have given your sanction to the ordinance of secession, and thereby practi- cally abandoned the policy through which you influenced the noble and patriotic Douglas to visit the South. Thus, to my mind, whilst we find much in your former course to commend, we can see nothing in your present position to command our admiration. You will perceive that I am speaking very frankly, and you will concede that I have a right to thus address you, as you are a leading supporter of measures, the nauguration of which has incidentally, if not directly, en- dangered life and deprived men of civil liberty, and the en- joyment of that peace, safety and happiness which, for near three-quarters of a century, have been enjoyed under the old Government. Douglas — the noble hearted Douglas — has planted him- self between the leaders of the maddened politic:)! factions, North and South, to prevent hostile collisions and the shed- ding of fraternal blood. Stephens — the eloquent Stephens — has, alas ! taken position with the revolutionists of the South. Douglas is seeking to save his country from the fell hand of its maddened destroyers. Stephens is Vice-President of the most stupendous revolution ever recorded in the annals of history. Douglas nobly battles in the cause of his country — his whole country. Stephens abandons the holy cause, joins the seceders of the South, and suffers the popularity of his name and the powers of his eloquence to drown the patriotic appeals of a Douglas and a Crittenden, to "Never give up the ship ! Never despair of the Republic ! " Douglas appeals to 70 CONSERVATIVE VIEWS. reason and to patriotism. Stephens sanctions extensive mil- itary organizations, through which to appeal to our fears. The old government lived in the confidence of the people. The new government is viewed with distrust, and can not long survive, without the aid of secret vigilance committee?, through which to destroy the liberties of the press and the freedom of speech. Ambitious and desporate men are committed to the sup- port of the new government. A desperate cauee requires desperate means ; and hence we have little in prospect but violence and perfidy, usurpation and tyranny. Do not be offended at my remarks. I may be wrong ; but facts are stubborn things. Men are threatened with banish- ment for expressing their devotion to the old government, and refusing to acknowledge the justice and legality of the new. I hoped, when you addressed us the other night, on your arrival from Montgomery, to hear you urge the impropriety and danger of mobs. My hopes were not realized. You gave us no hope of security from lawless violence ; and Mr. Keitt, in his fiery harangue, encouraged violence, rather than counseled moderation. Our old government has not been at fault. Our leaders are (too many of them) corrupt. Hence we have little hope for the future. Liberty is gone, I fear, never to return. The old government was good enough, as there were constitutional provisions for its amendment, when rendered necessary by the ever-changing circumstances which continually evolve. " In the minds of some men there seems to be a restless- ness which renders them dissatisfied with any uniform course of things, and makes them eager in the pursuit of novelty. They abound in projects, and are ever meditating some fanciful change in the plan of government, which their im- agination represents as useful. But men of great ambition are still more dangerous : they commonly make the fairest CONSERVATIVE VIEWS. 71 pretenses to principle, though they are actuated only by self-interest. If the Constitution or laws of the country present obstacles to the accomplishment of their wishes, they employ every artifice to alter or abolish them ; and if indi- viduals oppose their attempts, they are equally artful and so- licitous to destroy their influence, and render them odious to their fellow-citizens. Few men, even in a prosperous com- munity, are fully satisfied with their condition. A great part are easily induced to believe that there is something in the Government, or laws, wrong, which might be rectified to their advantage; they, therefore, embrace any specious pro- posal to effect an alteration. " The crafty and ambitious know how to avail themselves of this disposition to change, and encourage their followers to expect the amendments they propose will perfectly suit their case, and produce the very blessing they wish. In this way, they not only effect their immediate object, but acquire an influence, which enables them afterwards, to accomplish the most disastrous innovations. Such persons encourage hopes that can never be realized, and excite complaints, which the most wise and benevolent administration is unable to remove. " Our forms of government are, doubtless, like all other human institutions — imperfect; but they will insure the bless- ings of freedom to the citizens, and preserve their tranquil- lity as long as they are virtuous ; and no Constitution, that has been or can be framed, will secure those blessings to a depraved and vicious people." Adopting a good Constitution palliates, but does not jus- tify, the Confederated States in dissolving the old Union. United in one common brotherhood, as heretofore, we com- manded the respect of the whole civilized world ; divided, as we now are, we richly deserve the contempt of every just power on earth. United, we are invincible ; divided, we fall a prey to in- ternal dissensions, which will be fanned into fiercer flames by 72 CONSERVATIVE VIEWS. foreign foes. Union of all the States, for mutual preserva- tion, has made us the greatest Nation on earth. Disunion and separation of the States will blot out our national existence, increase our burdens, strip us of our lib- erties, and finally fasten upon our brave and noble people the chains of despotism. Already has the ruthless hand of violence commenced its work. A conservative press is si- lenced ; the patriotic appeals of our national men are drowned by the discordant notes of faction ; the old ship of State is going to pieces on the rocks of destruction ; its pi- lots are crazy, and reason driven from the helm. We have looked to the wisdom of a Douglas, and the thoughtful eloquence of a Stephens, to save our sinking ship. Douglas yet stands firm amidst the raging storm, braving every danger, and pouring oil on the troubled waters. Ste- phens is afloat, on a fragment of the old vessel, giving vent to his feelings of gratification, at being released from the "shackles of the old government." Douglas calls aloud : Come back ! come back ! Don't give up the ship ! Stephens responds : We will never come back ; other fragments of the ship may come to us, but we will never re- unite under the old Stars and Stripes. It is human to err. Stephens, I think, has erred ; he has lost his ballast amidst the tumult of conflicting passions and discordant elements. But he is an honest man, and will yet return. The high standard of his moral integrity will follow in the lead of his honest convictions. If in the wrong now, he will, when con- vinced, nobly retrace his steps and enter again into the old Confederacy, purified by the fiery ordeal through which he has passed, bringing"! with him his deluded followers, and, with friendship renewed upon the altar of patriotism, enter again under the protecting shield of a common country. In this the trying hour of adversity and increasing perils, I would CONSERVATIVE VIEWS. 73 exhort Conservative Union men of the seceded States to be calm and prudent, avoiding the use of language, even though truthful and just, if calculated to irritate rather than con- vince Yours very truly, J. A. Stewart. MR. STEPHENS HAS RETURNED.— HEAR HIM. WHAT THE PEOPLE OF GEORGIA WANT. " My opinion, and decided opinion, is that an overwhelm- ing majority of the people of Georgia are exceedingly anx- ious for the restoration of the Government, and for the States to take their former position in the Union ; to have her Senators and Representatives admitted into Congress, and to enjoy all her rights, and to discharge all her obliga- tions a3 a State under the Constitution of the United States as it stands amended." — Testimony of A. H. Stephens before the Reconstruction Committee. RIGHT OP SECESSION. " I think there has been a very decided change of opinion, as to the policy, by those who favored it. I think the people generally are satisfied sufficiently with the experiment never to resort to that measure of redress again by force, what- ever may be their own abstract ideas upon the subject." — A. II. Stephens. RESTORATION. " I have little hope for liberty — little hope for the success of the great American experiment of self-government — but in the success of the present efforts for the restoration of the States to their former practical relations in a common government, under the Constitution of the United States." A. H. Stephens, Feb. 22, 18G6. 74 CONSERVATIVE VIEWS. ISSUES OF THE WAR. " We should accept the issues of the war, and abide by them in good faith." — Stephens. OUR COUNTRY. "Whether Georgia, by the action of her Convention of 1861, was ever rightfully out of the Union or not, there can be no question that she is now in, so far as depends on her will and deed. The whole United States, therefore, is now, without question, our country, to be cherished and defended as such, by all our hearts and all our arms." — Stephens, Feb. 22, 1866. THE PARAMOUNT LAW. " The Constitution of the United States, and the treaties and laws in pursuance thereof, are now acknowledged to be the paramount law in this whole country." — Stephens, Feb. 22, 1866. IT IS HUMAN TO ERR. Mr. Stephens has returned, and is trying to bring his peo- ple with him, to re-unite under the protecting shield of a com- mon COUNTRY. Mr. Stephens' address before the General Assembly of the State of Georgia, February 22d, 1866, to be found in Cleveland's "Life and Speeches of Alexander H. Stephens," should be read by the people everywhere. It is one of the best and noblest documents of the age. A CHAPTER OF BREVITIES. AVAR, OR THE FATE OF SOLDIERS. " Dost thou not know the fate of soldiers ? They are but Ambition's tools, to cut away to her unlawful ends ; and when they're worn, hacked and hewn, with constant service, thrown aside to rust in peace and rot in hospitals." WAR SUSPENDS THE RULE OF MORAL OBLIGATION. " War suspends the rule of moral obligation ; and what is long suspended is in danger of being totally abrogated. Civil wars strike deepest of all into the manners of the peo- ple. They vitiate their politics ; they corrupt their morals ; they pervert even the natural taste and relish of equity and justice. By teaching us to consider our fellow-creatures in a false light, the whole body of our nation becomes less dear to us. The very names of affection and kindred, which were the bond of charity whilst we agreed, become new incentives to hatred and rage, when the communion of our country is dissolved." PEACE ITS ENEMIES. " Five great enemies of peace inhabit with us — viz : Avarice, Ambition, Envy, Anger, and Pride ; and if these enemies were to be banished we should infallibly enjoy perpetual peace." IN REFERENCE TO THE AUTHOR OF THIS WORK. " We publish below a letter from Georgia, from a genuine Union man. No sham about him. He didn't play rebel, when rebellion was dominant about him, and become Union as soon as Federal power prevailed. He was a known, out- spoken Union man all the while, to all his neighbors as well 75 76 CONSERVATIVE VIEWS. as others. His views ought to be heeded by all Union men, for they have been wise throughout." — Louisville Democrat. HIGHER-LAW. The higher-law men of both sections, however honest they may be, are responsible for the war ; and both considered war essential to the attainment of their ends : the one to establish the higher law of State Sovereignty — the other, the higher law of social and political equality for the negro. PEACE. We need peace — absolute, enduring peace. We have had enough of war, and have paid dearly for our experience. Can we not now have less party agitations, and more atten- tion to peaceful pursuits ? Can not partisans and politicians stay their incendiary appeals to the passions and prejudices of the people ? Or, if not, can not the people themselves cease to be influenced by them ? CAN DWELL AMONGST US IN SAFETY. The negro is now free ; and all are willing to let him re- main so. The rebellion has ceased ; the Southern Confed- eracy has now no existence ; its army has long since been disbanded ; its leaders have all received pardon ; Union men are not mobbed ; whilst Northern men can come and dwell amongst us in safety. "truth is mighty and must prevail." A people accustomed to free thought, and free speech, a free press, and civil liberty, cannot long be swayed by error. revolutions. We have passed through a bloody revolution. Revolutions are necessarily despotic. We, of the South, in our efforts to escape higher law — abolitionism — tried to release ourselves from our obligations to the Constitution and laws of the Uni- CONSERVATIVE VIEWS. 77 ted States, The Constitution we had lived under was, by the solemn pledges and agreement of its founders, declared the Supreme Law of the land. Failing to disrupt the Union, we are now willing to respect, obey, and abide by the Con- stitution. But the despotism of reaction has not yet subsi- ded ; and we are compelled to submit to acts of Congress, unauthorized by the Constitution. But time and patience will remedy the evil. THE UNDERLYING PRINCIPLE. "We should never lose sight of the great underlying prin- ciple and design of good government — that of preventing men from injuring one another. THE RECOIL. The measures now proposed, requiring great and radical changes in the form of Government, and the endorsement of the views of the higher law party North, is the recoil upon us of our experiment to dissolve the Union. A pendulum, when thrown to one side from its natural perpendicular, will return and vibrate to the extreme on the other side ; so, in all violent upheavals of popular government, extremes have their opposites ; and the vibrations will con- tinue so long as sectional or partisan animosity is permitted to give the impulse. If we can profit by our experience, and become wiser and more prudent, the extremes will subside, and the Govern- ment, as it was, will re-appear. THIS IS THE ONLY REMEDY. COMMON SENSE. Common sense, in managing the necessary political affairs of a people, is as essential to the public good, as common sense in the successful workings of our various industrial and business pursuits. The signs of the times indicate a change for the eetter. REFLECTIONS ON THE DOWNFALL OP OUR COUNTRY, AND OTHER MATTERS OP INTEREST. By J. A. STEWART. Rome, Ga., Oct. 5, 1869. The following reflections were penned at a time when the future of our country was more gloomy than it is now. They were the offspring of serious apprehensions of evil, and may perhaps be read with profit, even though the events antici- pated, or feared, may for awhile be averted. The intelligent reader will not fail to observe the rock on which we may ultimately break to pieces, and go down to rise no more. It is this : Men love office and power BETTER THAN THEY LOVE THEIR COUNTRY. Rome, Ga., November, 1868. The hope of the patriot — the work of the philanthropist — • the shield of Constitutional Liberty — the American Union of States and people, under a wisely constructed organic law — I fear, is passing away. The mere behest of party and partisan dogmas are thrust upon us. A dominant party in Congress has sought to remove the Chief Executive of the Nation for his obedience to the Con- stitution — has sought to paralyze the Supreme Court, and to trample under foot the Constitution of our country. The cause for which our forefathers fought seems to be passing away. It was a glorious cause. It was for the etablishment of Constitutional Liberty on this continent. The tyrannies and oppressions of the old world presented to view the absorption of all wealth and power into the hands of the few. The millions had for age3 been ground to the dust, and poverty, transmitted from father to son, became their inheritance. Despotisms and monarchies had marked 78 CONSERVATIVE VIEWS. 79 every part of the Eastern hemisphere with palaces and prisons, with pomp and poverty, with arrogance and servility. And this was the deplorable condition of mankind, when the discovery of America opened up an asylum for the op- pressed of all nations. The down-trodden philanthropist, the virtuous statesman, the devotee of liberty, the enemy of misrule, and foe of des- pots, sought here a resting-place from the throes and convul- sions of principalities and kingdoms. But soon the cupidity of rulers stretched a grasping hand across the Atlantic to coerce the infant Colonies into submission to the demands of rapacity. They seized upon the productive labors of the Colonists, and converted them into tributary streams to .fill and replen- ish their coffers. A foreign Congress under a foreign King, attempted to legislate for the new world in all things. The same ruthless hand which had pillaged and desolated the people of the old world, was eager to grasp and hold power over the new. And every petition for redress of grievances, and every appeal for justice and right, was met by insult and renewed aggression, until forbearance ceased to be a virtue, and resistance became a necessity. Then commenced the war for independence : a war which ended with the triumph of American arms ; a war which was conducted on the part of America by great and good men, who, when the conflict ended, sought to establish and render perpetual, on this continent, the blessings of civil liberty. After long and serious deliberations, at various times, and after full and mature discussion as to the principles of good government, the Constitution of the United States was adopted, with ample and wise provisions for its amendment. It was a model Constitution, embracing everything essential, as an organic law, to the safety and welfare of the nation, and forbidding to the several States no right or power essen- 80 CONSERVATIVE VIEWS. tial to the efficient control of internal and local affairs. The establishment of a government so wise and beneficent was the cause for which our forefathers periled their lives and shed their blood; and the maintenance of this legacy and the diffusion of its blessings amongst the people, has been the cause for which every true lover of his country has la- bored since the struggle of '76 to the present hour. For a period of seventy years or more, the cause was main- tained, and the people multiplied and prospered. The pro- tection of a wise and beneficent Government, extending from the Atlantic to the Pacific, and from the lakes of Canada to the Gulf of Mexico, gave an impetus to industry and im- provement which has been everywhere visible over this broad land. Opulent cities sprang into existence as if by the hand of magic, and fruitful fields then furnished in profusion all that is essential to the wants of man. Protected in the enjoyment of the products of our labor, we had a heart to work, and an incentive to persevere in laudable pursuits of industry; and the consequence was, we prospered as no people on earth ever prospered. The means of subsistence was comfortably within the reach of all, and even the negro slave knew not what it was to want the necessaries of life. The founders of this great and good National Government were wise men, and their object was to secure and promote the largest amount of human happiness at the least possible expense consistent with the object in view. They were not unmindful of the natural inequalities of man, and the effects of diversity of soil and climate upon the habits and tempera- ments of the people. The separate and distinct races — the black and the white — occupied a large share of their deliberations, and a know- ledge of the natural inequalities of man, physical and mental, had much to do in regulating the abridgment of political privileges. CONSERVATIVE VIEWS. 81 The unexampled prosperity and happiness of the American people, for near three-quarters of a century, was evidence of the wisdom and justice which obtained in establishing for us a Constitutional Government. But, unfortunately for the cause of good government, we had at the beginning, in our midst, and infused throughout the living masses which peopled this new world, a political malady which has finally succeeded in sapping the founda- dation of our liberties — a malady which no wisdom has been able to control, and no foresight to find a remedy for. Washington's Farewell Address gave us warning, but we heeded it not. Washington discovered that men loved office better than they loved their country. This was the fatal disease: inordinate ambition — a thirst for place and power, manifesting itself through an intermin- able scramble for office — men out of power seeking to possess, and men in power seeking to hold; and, unfortunately for the human family, this malady is as ancient a3 government itself, and has given rise to all the wars which have desolated the earth. The history of our now unhappy country, beginning with the administration of Washington, developes the most vin- dictive and infernal partisan and proscriptive spirit that can be found on record. The elevation of Washington to the Presidency of the United States was the signal for ambitious men to commence an organized opposition to his administration ; and he was not permitted to serve out his first term without attempts to impeach him for high crimes and misdemeanors. Democratic societies were formed to overawe the regularly constituted authorities, and their madness culminated in re- bellion during the second Presidential term; and to suppress which Washington ordered out fifteen thousand men. The elder Adams, too, had a factious pack of office-seek- ers yelping at his heels ; and his successor, Thomas Jeffer- 82 CONSERVATIVE VIEWS. son, had but little rest from the fury and ire of disappointed factions. But his administration was a bed of roses compared with the eight years in which Madison was at the helm. It was during his administration the New England Puri- tans — now so horror-stricken at the South for rebelling — held a Convention at Hartford, Connecticut, for the purpose of dissolving the Union. They were preparing to secede, and were furnishing aid to the British army during the war of 1812. And had it not been for the success of our little navy, and the defeat of Packenham at New Orleans, five of the New England States would have committed rebellion, full and complete. It was during this period of political insanity that Madison was threatened with a "halter" and with banishment to the Isle of Elba. The intolerable violence and factious insubordination which disturbed the administration of Madison, failing to disrupt the Government, and the people prospering under a faithful obedience to the requirements of the Constitution, the turbu- lent politicians shrank back for a while from public gaze, allowing President Monroe an administration of peace, and which was not disturbed until the contest for the Presidency between the younger Adams and Andrew Jackson awakened anew the scramble for power. John Quincy Adams was elected and served four years ; during which time the interminable office-seekers failed, with all their charges of bargain and intrigue against Adams and Clay, to disturb the harmonious working of the Government under the Constitution. And the people — the bone and sinew — protected in their various pursuits, were yet prosperous and happy. Jackson succeeded and served eight years. A stormy time he had of it. The interminable s felt sure the country would be ruined by his administration, and dire calamities were predicted. He was spoken of as a tyrant at the helm of aifairs, from whose administration we might expect inevitable CONSERVATIVE VIEWS. 83 and inextricable ruin. He too, was threatened with banish- ment by leaders of the interminable scramble, as the only means of saving the country. With the Constitution for his guide, he served eight years ; and the country was not ruined. The people were prosper- ous in spite of the turbulence of politicians. Martin VanBuren succeeded Jackson — served four years, carrying out mainly the measures of his predecessor — the country still prosperous, notwithstanding the immense cry of office-scramblers, in 1840, to the contrary. Harrison succeeded — served one month and died. Tyler, elected Vice President, filled the chair the remainder of the term, carrying out the policy of Andrew Jackson. The country not ruined yet. The scramble for office, though, was more intense than ever — the number of aspirants by this time, having been greatly augmented through the instrumen- tality of educated and professional classes becoming politi- cians. But, to the honor of all our Presidents, from Washington to Andrew Johnson, be it said, no one of them ever inten- tionally attempted a violation of the Constitution. Tyler dropped the partisan ; and each succeeding President, like those preceding him, obeyed the Constitution, and took care that the laws in pursuance thereof were faithfully executed. Even Abraham Lincoln was little at fault in his adminis- tration, and was true to the Constitution until the furor and madness of revolution compelled him to resort to expedients and measures which he himself considered of doubtful Con- stitutionality. It was reserved for his administration to feel the culmina- tion of the interminable scramble for place and power ; for, by this time, the number of ambitious politicians was legion. The whole surface of our country was covered with them — frothing, foaming, drinking hot brandy, and spitting fire — from Mars Hill to Cape Sable, all along the Atlantic coast, 84 CONSERVATIVE VIEWS. and extending far into the interior ; and from the Russian possessions along the Pacific, all the way down to the South- ern boundary of California, and thence East, passing through Texas, mingling with hordes of office-seekers from the Atlan- tic coast. Over thirty million of people, had hatched an immense brood of office-scramblers, who, like the plagues of Egypt, covered our goodly land, sapping and undermining the virtue and integrity of the masses, and purposely gulling, deceiving and cheating them into the support of some political or par- tisan dogma. Instead of teaching the people to love the Government un- der which they had prospered, and to respect and obey its laws, the political malcontents of the extreme North, pro- claimed a " higher Zat#,"and taught the people there to hate the Union under the Constitution ; whilst along down the coast of the Carolinas, extending round to Southern Louisiana and Texas, another brood of wild, foaming, fiery spirits, were clamorous for separation, and also engaged in teaching the people to hate the Union, and to join them in breaking down the old Government, and in establishing upon its ruins a Southern Confederacy. But so long as the people adhered to the Union, and dis- regarded the incendiary teachings of madmen, every thing went well with them. Their commerce was undisturbed, their travel unrestricted, and their persons had the protection of republican institutions, guaranteed by the National Govern- ment. Thus happily situated, they had erected comfortable dwellings their farms were well fenced, their soil in a high state of cultivation, their cattle grazing on rich pastures, their children cared for and as happy as the birds of spring which awaken us with their morning melodies ; whilst our young men and young women, influenced by the surround- ings of peace and plenty, had every encouragement to con- tract the marriage '•elation and set up for themselves, with CONSERVATIVE VIEWS. - 85 a reasonable assurance of a continuation of the inestimable blessings of good government. But 0, what a change — infinitely for the worse ! 0, "what a blight has fallen upon us ! A broad belt of desolation but a short time since presented to view our once fruitful fields laid waste, our dwellings crumbling, our cities in ashes, our wealth exhausted ; and 0, worse than all — our hearth-stones were desolate ! A war had swept over us. Our young men and middle- aged had been called away, and their bones were bleaching on a thousand battle fields. Men with families, and men without families, sank down bleeding, and perished together. Young women had lost their lovers, wives their husbands, and children their fathers. Four years of terrible war had swept over us, and when its violence had ceased, the poor, weary, war-worn survivors of the conflict returned to find their estates wasted, their once beautiful homes in ruins, and their children beggars. But such is the fate of mankind. " When the wicked rule, the land mourneth." In 1860, the majority rule, in conformity with the Consti- tution of the United States, had elected Abraham Lincoln to the Presidential chair, and as was the case in every pre- ceding election, the party defeated was dissatisfied. But, contrary to the theory of our Government demand- ing implicit obedience to the will of the majority, the de- feated party rebelled against the decision, and took up arms. Military rule usurped dominion over us — more fatal than pestilence, more terrible than volcanic fires, and more blight- ing than the scorching blasts of a deadly sirocco. In all preceding elections, the minority, though dissatis- fied, and sometimes turbulent and threatening, had neverthe- less acquiesced in the majority rule ; and the consequence was, the masses of the people were undisturbed in their bu- siness pursuits and their various vocations. 86 CONSERVATIVE VIEWS. Our navigable streams, as avenues of commerce, were free to the people of all the States. No guns were mounted at Fort Pillow, Memphis or Vicksburg, to fire into our beautiful steamers ; whilst an endless panorama of vessels, richly laden and vitalized by the power of steam, were seen ploughing the surfaces of our majestic rivers, under the protection of a Con- stitutional Government, which had guaranteed to us, not only a free and unrestricted commerce within the Union, but the proud title of American citizen, anywhere throughout the in- habitable globe. The majority rule — the vital principle of republican govern- ments, and the great corner-stone which supported the* edifice built for us, by the sires of '76 — had, up to the year one thou- sand eight hundred and sixty, been obeyed by the masses. And all attempts to inaugurate insubordination had been promptly met and subdued. The John Brown raid came to grief, and his fate pointed out to us the efficacy of adher- ence to the Union and the enforcement of the laws. In the Union, and under the Constitution, we found pro- tection against the higher-law abolition faction. At war with the old Government, to break up the Union, we found no protection. We went into an election, in 1860, for a President of the United States. We went into it with the understanding that whoever secured a majority of the electoral votes cast should be the President of the Nation. If Mr. Breckinridge had received the requisite number of votes, his friends would have demanded his inauguration. So, also, would Mr. Douglas' friends, in the event of his election, have demanded his elevation to the Presidential chair. Then, such being the facts in the case, it was not only revolutionary but extremely impolitic to resist the inauguration of Mr. Lincoln as President of the Nation. He was entitled to our support as President, in the performance of his Constitutional duties ; but subject, as was CONSERVATIVE VIEWS. 87 John Brown, to the penalities of just laws, for all willful vio- lations of law. It is true, we had bad men to trouble us up North; but it is equally true, we had bad men to trouble us down South; and if we adopt the expedient of breaking up a government because there are bad men in it, then there can be no such thing as government on earth. Government, at best, is but a necessary evil, and its only proper design is to restrain evil doers. The existence of bad men creates the necessity for government. Bad men must necessarily be restrained to secure the good of society, and the power to restrain must necessarily be intrusted to the hands of men ; who, if they chance to be corrupt or unwise themselves, bring desolation and ruin upon the people. The sires of '76 framed a government for us which allowed a portion of our people the privilege of selecting legislators to make our laws, judges to decide the constitutionality and validity of the laws, and executive officers to carry them into effect. It was a beautiful system of government, and so long as we adhered to it, rash and imprudent men were restrained, the people were protected, and the whole country was pros- perous. The majority rule and the frequency of elections were designed to effect, in a peaceful way, all the changes neces- sary in our Constitutions and laws which experience might suggest. Our Constitutions, State and National, had ample and safe provisions for their amendment, and the evil of bad men in office had its correction in the frequency of elections. The wisdom of this form of government was evidenced by seventy years of unexampled prosperity of the American people ; and if we had exercised the wisdom of obedience to the majority rule, instead of rebelling against it, it would, in time, have corrected all the real evils of which we com- CONSERVATIVE VIEWS. plained, and secured to us the continued enjoyment of good government in the Union under the Constitution. If the abolition higher-law party, not satisfied with the fate of John Brown, had continued their raids, the best corrective of the evil would have been the maintenance of law by coercing obedience thereto. We could thereby have suppressed and controlled bad men North, and have saved the Government from falling into their hands. But, unfortunately, through the impulse of Southern fire and declamation, intensified by the intermi- nable scramble for office amongst ourselves, we committed the egregious folly of rebelling against the majority rule. We not only thereby placed ourselves in the wrong, but through the instrumentality of war succeeded in wasting our sub- stance, destroying our people, and bringing want and misery to our firesides. And this is not all. The John Brown party is in power, and with fanaticism intensified by the patriotism and firmness of Andrew Johnson in opposing their wicked schemes, they are preparing, with their secret leagues, to seize and control, indefinitely, the reins of Government, to trample the Constitution under foot, blot out the existence of civil liberty, and to re-enact the monarchies of the Old World — enslaving the people, and fastening upon them the chains and burdens of Despotism. Such is our condition now. The cause for which the sires of '76 periled their lives and shed their blood, is nearly lost. The civil conflict through which we have recently passed — a four years of bloodshed, violence and rapacity — I fear has inflicted a mortal wound. A once great and good govern- ment is now in the throes and agonies of threatened dissolu- tion ; and it may be well for us to look seriously into the causes, and to elaborate more fully the sins and follies which have brought about this deplorable condition. A scramble for office, like gambling, is a game of hazard. The prize at stake is either honor or profit, and generally CONSERVATIVE VIEWS. 89 both. A majority of the votes of the people, under our form of government, must be had to secure the prize. A scram- ble ensues amongst aspirants, and votes must be had. The rule in politics being that the end justifies the means, it fol- lows that every species of fraud, deception and violence is often resorted to, to secure the requisite number of votes ; and hence the bitterness of partisan conflicts, and the oft-recur- ring scenes of violence and bloodshed. A too common resort has been had to the use of opprobri- ous epithets, terms of reproach and of odium, for the purpose of degrading an opposing party ; such as Tory, Deserter, Blue- light, Locofoco, Barn-burner, &c. ; together with terms of more recent origin; as Squatter, Submissionist, Lincolnite, Black Republican, Copperhead,Scallawag,Black-and-tan,Car- pet-bagger, &c. ; using a whole vocabulary of hard names, in lieu of argument and reason. The consequence of this folly and wickedness has been fully developed during the last eight years. Friendship begets friendship, and evil begets evil. If we treat men kindly, they will be our friends; if we insult them, they will naturally be our enemies; if we persist in insulting them, they will return insult for insult; if we strike them, they will generally strike back ; and hence, if left free to avenge insults and injuries, each one for himself, we could have no such thing as peace or security on earth. Our system of Government, State and National, had forbidden the settle- ment of personal or political grievances, except in conform- ity with law; and this worked well, until ambitious and fanatical aspirants for office succeeded in firing the hearts of our people to a pitch of madness which knew no Constitution, no Union, no law, and no barrier to the revolutionary spirit which pervaded their heated and frenzied brains; and hence we were plunged into all the calamities and horrors of war. In reviewing the scenes through which we have passed, we should never lose sight of the great truth that there is no 90 CONSERVATIVE VIEWS. country for us but the Union of the States; that fealty to our whole country is fealty to our State ; that it was for the best interest of each State not to secede, just as it would be that individual members of society should avoid the commis- sion of rash acts; that after States had seceded, like individ- uals who had become intoxicated, the sooner they became sober again the better. The complications and exasperations which have grown out of our civil conflicts, are yet multiplying, and if not soon arrested, the day is not far distant when we may bid an ever- lasting farewell to Constitutional Liberty. To arrest the progress of a calamity so deplorable, let us reflect on the past, and become wiser, that Good Government may re-appear and endure forever. Let us think of the glorious Union — The Union of States as it was ; Let us think of the hopes of our fathers, Who battled so true in its cause. Let us think of the hopes of the million, Whose labors for bread never cease — Who toil for the means of subsistence, And wish to enjoy them in peace. i Let us think of the freedom of commerce, And friendly relations of States, Secured by the once loved Union, Ere war was decreed by the Fates. Let us think of old social relations — The times which were pleasant and good, Ere partisan scramble for power Had crimsoned the soil with our blood. Let us think of the fearful commotion, Of hatred, and malice, and spite, Engendered by partisan leaders, CONSERVATIVE VIEWS. 91 Who rashly involved us in fight. Let us think of the loved ones that bound us — Of those who will meet us no more — Of those who have fallen in battle, No more to return — never more. The ii. me was, when We loved the good old Union, The Union as it was ; We loved its proud old banner, Its freedom and its laws : We loved its grand expansion Of territory vast ; We loved it for its monuments And relics of the past. We loved its lofty mountains, Its rich and fertile vales ; We loved its ships of commerce And weather-beaten sails : We loved its grand old river Which flows from North to South — The cities on its margin, And the Crescent at its mouth. We loved it for its blessings, Its freedom and its laws ; We loved the glorious Union, The Union as it was. But factions, dark and bloody, Essaved the fatal blow, To rend the ties that bound us, And fill the land with woe. 92 CONSERVATIVE VIEWS. A factious, devilish madness, Involved us all in fight, And shed a gloom of sadness, O'er the land -which once was bright. A Union true must triumph, Or strife will never cease : A broken, severed Union Can never give us peace ! ERRATA. — Page fifty-three, second paragraph and sixth line, read : " and not with a view," &c. Page fifty-eight, first paragraph 'and tenth line, read : " whites in every respect," &c. Page sixty-six, eighth line,'read : " the main difference," &c. CONSERVATIVE VIEWS. The Government of the United States WHAT IS IT? COMPRISING A CORRESPONDENCE WITH HON. ALEXANDER II. STEPHENS, ELIC ITING VIEWS TOUCHING THE NATURE AND CHARACTER OF THE GOVERNMENT OF THE UNITED STATES THE IMPOLICY OF SECESSION, THE EVILS OF DISUNION, AND THE MEANS OF RESTORATION. By J. A. STEWART. 'Error ceases- to be dangerous when reason is left free to combat it."— Jeffi rson. TRADE SUPPLIED BY PHILLIPS & CREW, Publishers and Booksellers, Atlanta, Ga. 1869. PRICE FIFTY CENTS. H 291 73 i ** ^