E The Second Revolution. A POLITICAL TREATISE BY CYNICUS. WASHINGTON, D. C 1867. Glass _£.-£>. kla- Book -C 99 tr The Second Revolution A POLITICAL TREATISE BY CYNICUS. WASHINGTON, D. C. 1867. ET&U ■C THE SECOND REVOLUT At no period, in the history of modern civilization, has man been more devoted to expediency, than are the Amer- icans of to-day. We are emphatically an expedient people. Expediency controls our commerce, manipulates our manufactures, rules our agriculture; and we had almost said, interprets our Bible. Pre-eminently does it govern the nation. We choose in expediency, support in expediency, decry in expediency, legislate, execute, and in some degree ad- judicate, according to the necessities of the occasion. As the exception, in a very limited sense, we would not be prepared to condemn what has grown to be so univer- sal ; but when expediency supercedes principle, there must be good ground for alarm. Nothing which is based upon truth, can be permanently successful, unless it proceed in truth. The moment that error enters into its development or progress, that moment is there a violation, and the violation, cannot but occasion disorder. 4 THE SECOND REVOLUTION. The only great permanencies of which we know, are found in nature, and they are "as they were in the be- ginning." They are according to the same grand laws, the same all-wise truths operating as they were and are without change or intermission, save it be that humanity may be- lieve in Omnipotence. They are the only sufficient examples of which we know, of what we call principle. They are the only laws where expediency is totally unknown, and just as human wisdom can approach them, just so far does it approach the per- fect. In all of these grand conceptions, we note two cardinal qualities ; organism and consistency. They are conspicu- ously manifest. The student of nature beholds them in all that is Infinite and Omniscient. He sees them in the firmament to-day, as they were when matter came out of chaos. He sees them in the laws of motion, which started a mass of molten earth in its diurnal revolutions, unnumbered ages ago. He sees them in the change of seasons, as they were when his first progenitors gathered the fruits of that primeval Au- tumn, on the banks of the scriptural Jordan centuries since. He sees them in that gravitation, by virtue of which fell Adam's and Newton's apple, both alike; changeless, fixed, unalterable as truth. Especially does he observe them in an immediate sense in his physical construction. Here, as in every other in- stance, any stepping aside, any violation, brings about derangement or dissolution. The governing rules of his nature must be observed, or suffering will follow. Expediency may suggest a remedy, but it will be to no purpose, if the violation be material. The principle is unalterable, and not to obey is to perish. THE SECOND REVOLUTION. 5 Let us take the human frame as an example. Physiol- ogy has here evolved a technicality, which has become pertinent in almost every branch of science, and is an apt illustration of the word as used in politics. The human constitution may be said to be the figurative and real embodiment, of the capacity, functions, powers and weakness of the physical individual. It is his code of government. It is the principle which he must observe. It is the organic law of his being. The more excellent this constitution the more complete his health. Yet it must be religiously obeyed in every detail, if he would live in a healthful condition. And so in all, and everything. Wherever there is organism, there is constitution — wherever there is omnis- cience, there is consistenc} 7 . We need only contemplate these facts, instanced so di- rectly in our physical frames, to reach the conclusion at once, that no operative system can exist in a healthful condition, save its constitution be preserved and obeyed. In all things animate, in all things having the power of volition, in any degree, where there is an organic law, it must be observed. Conspicuously is this the case in government. Govern- ment is a creation having life, volition and functions. It is a creation too, wherein the principles which we have been dwelling upon, are as definitely marked as they are in any other. The body corporate must be bound as relentlessly by its organic law, as is the physical man, by the laws of his creation. If a government disregards the law, that makes it what it is, it passes away. A Republic cannot elect a King, and yet be a Republic, any more than a man can cut oft' a limb, and still enjoy its use. The body corporate dies when its organic law no longer obtains. 6 THE SECOND REVOLUTION. Yet we should not fail to remember, that this is only true, so far as it relates to constitutional government. That absolutism may exist without even organic law, is at once apparent. There are manifold instances, where the beginning and end of government, is the will of a mon- arch. Yet we have reached an epoch in civilization where we can safely discard all such, as mere anomalies. The political science of to-day, teaches that absolutism is anarchy, and teaches too that anarchy can only be avoid- ed through constitutionalism. There is no government proper, save there be a com- plete organism. There can be no violation, permanent and direct, of this organism, without the destruction of the government it represents. That revolution is a practical possibility, no one will have the hardihood to deny, in this age of transformations. Not only is it a possibility — but every American, who has not a false idea of the blessings of a well regulated repub- lic, and lost all faith in an illustrious past, accepts it as a truth as dear to the world as almost any other. But be is at best a superficial thinker, who sees in an ill-defined, un- regulated, undigested change — who sees in a tacit viola- lion, of a living law — what the right-minded student would characterize as revolution. That a consummated violation, successfully established and maintained, is in the nature of revolution, we cannot doubt, but it is revolution without its saving qualities, for through the operation of these, the law would be remodel- led and not violated. The revolution of 1"70 was no violation of law. The Continental Conveution that published its inaugural steps, declared the independence of the colonic-, and upon that issue went to war. It did not declare a violation o{' law, but set forth the indignities to which its constituency had THE SECOND REVOLUTION. 7 been subjected aud said we go out from the government of Great Britain, and will govern ourselves. We claim the right to free this people from any duty arising out of British law — we will no longer acknowledge our allegiance to any foreign power or potentate. We will not impede the execution of British law, by failing to observe it; but will make laws of our own for ourselves. And the issue was not, as to whether or not the laws of Great Britain should be enforced. It was whether or not the laws of Great Britain should obtain in America at all. It was, Shall there be a violation of law, or shall there be a revolution ? The sequel was the beginning of a new, or perhaps the resuscitation of an old era in politics. The embodiment of that revolution, was the produc- tion of the Constitution of the United States. The travail of eight bloody years had brought it forth ! A nation was born, and here were all its functions, its life, its Constitu- tion. Again did the crowned heads of Europe, ask themselves if free government was not a possibility. The old doctrines of man's capacity to govern himself, were robbed of all their unwarranted eccentricities, and a new government, " a great experiment," set in motion, up- on principles as it was alleged, which being incorpo- rated and set down in its constitution, could not be over- reached, could not be set aside, except by that terrible agency which had given them life. It was not in the nature of things to attempt more. Here, said the brave and patriotic statesman of that venerated day, are the principles upon which we have made a Union ! Here is our contract with the people 1 . Here are the pillars that hold up our republic, and are themselves its beginning and end. Here is essentially the g THE SECOND REVOLUTION. purest type of a constitutional government; for in this in- strument are incorporated all its principles, powers, and rights. Esto 'perpetual For three quarters of a century, a consistent and mode- rate nation, our government was at once the most clear y denned and best in existence. Every advantage that could flow from free institutions was ours. We shall not pause to dwell upon that happy experience, to recapitulate the blessings it carried with it, or to mourn that it was of so short duration. Neither will we recount the terrible scenes of the rebellion scarcely passed; its les- sons and its mistakes. We propose to enquire what has become of the Govern- ment, that those statesmen of that early republic thought to hand down to their posterity. Is it what they designed, today? Is it a constitutional government? Is it the government of its founders, and more than all is it consist- ently, the government of the constitution of the United States? . , -j & We are fearless in asserting, that it is utterly and defi- nitely revolutionized, in all its great essentials, and in its most important details. I. It is revolutionized in its entire construction and or- ganism. It is no longer a constitutional government. It is no longer a federal government. It is no longer a republican government. II The principles upon which the colonies inaugurated the revolution of 1776, and maintained the revolutionary war and upon which the success of the nation was predi- cated, are no longer in force within the jurisdiction ot the United States. III. The United States government has reached that THE SECOND REVOLUTION. 9 condition, which the framera of the constitution most dreaded, and which they declared would be its destruction. Let the affable untaxed bond-holder as he looks through his taxed spectacles, at his taxed morning paper, pause long enough to ask himself where he is. Let him ruminate for one minute by his tax-paying watch, and consider if there are good precedents, for the steps his great government is taking. Let him ponder the causes that have made and unmade the Egypts, the Ninevebs and the Romes of antiquity ! Let him but think, and he will be the first to lay the axe to the corner pillar of the citadel, though he bury himself in the ruin. Let the lethargy be once shaken off; be it through financial ruin, unsuccessful war, or any other public unhappiness ; and the realization of the awful truths we have stated, will become as palpable as did the crown of the Csesars to Re- publican Rome, when the Emperor of the Romans crossed the little river, that had preserved their imaginary liberties. Who that is not blind to the developments of the age, and heedless of its too evident tendencies, but realizes that there has been consummated a change too marked to be disguised. It is idle to attempt to cloak so patent a fact. If we have proven in our experience that "men are really capa- ble of establishing good government, from reflection and choice,'" no less have we demonstrated the capacity, and uncontrolable tendency of popular government toward revolution. The Constitution of the United States, and its broadest truths, "the organic law of the land," is to-day no more the controlling influence in the Government of the United States, than it was when George the Third collected his taxes in Boston harbor. The seeds of revolution are sown, and it will require 2 10 THE SECOND REVOLUTION. only time, for them to germinate and produce their inevit- able fruits. The nation is in a transition state, passing down the slope which every other republic has travelled, leading into centralization, if not despotism of the most malignant type. Betrayed by a false conception of great truths ; not by an enemy from without, nor by armed treason from with- in, but by the sinister bigotry and unholy infidelity of those citizens from whom most was to be expected. The spirit that was first to pluck down the royal arms of Britain, will be the first to truckle to the dictates of the crown, for which its intelligence has done so much. It will require but a commonplace historian to discover whose dagger was the first to [tierce the vitals of the Re- public, and the malevolent assassin, will need more than his self-adulation, to hide him from the execration of an in- dignant, outraged world. Let us no longer seek to deceive ourselves! "To hug the delusive phantom of hope," when our reason assures us, that we trust hope in vain ! The execution of Louis XVI and the reign of terror looked less probable to France in the middle of the eihg- teenth century, than does usurpation and monarchy to America a hundred years after. The second revolution is effected. It requires but time to evince the palpable fact. The Government of the United State is totally changed in three great particulars: — 1st. It is no longer a constitutional government. 2d. It is no longer a federal government. 3d. It is no longer a republican government. These three facta logically lead lo a conviction, that if they are true, the government has been revolutionized THE SECOND REVOLUTION. 11 definitely and completely, or in other word?, it is to-day in an anarchical state — it is an absolutism. Only the sentimental opinionist, the irresponsible blun- derer, or the crafty politician, is so wrapped up in the far-off past, as to fancy in the light of late developments, that there is more than the barest semblance of the old gov- ernment left. Cruelly vindictive, unconscionably unjust, and unscru- pulously inconsistent, under the ruling of the new govern- ment and its dispensations, the only land marks left, are made to bear the edicts of unconstitutionality. The ma- chinery that once was restricted grows into immense pro- portions, under the necessities of corruption, profligacy, and an inflated state of the finance. With inefficient and inexperienced administrators, a public standard utterly and hopelessly incorrect — a grow- ing taxation, and a decreasing revenue, and worse than all, a government metamorphosed, and unstable as anarchy. What thinking man is not filled with anxiety for the future ! How unhappily does he remember that "revolutions never go backward," and how mournfully recognize the ineffable and fatal unconcern of the people upon whom the storm is so certain to fall. The first half a century under the "Federal Constitu- tion," as it is repeatedly called by all its early expounders, was so nearly an approach to the evident design of its framers, that we prefer to ignore it in this discourse. In- deed we would trace no steps. We assert that the Constitution of 1787 is no longer "the supreme law of the hind ;" that the rulings which operated in the early days of our republic, are no longer in force; that opinions and conflicts have worked a transformation, overthrowing the original constructions, by which we lived, aud substituting others iu their places; that the spectacles 12 THE SECOND REVOLUTION. through which Salmon P. Chase reads the Constitution of the United States, in 1867, differ materially from those through which John Jay read the same instrument eighty years since; that the former sees many things, which to him appear righteous, that would have seemed to the ven- erable Jay the sum of all evil, and the embodiment of the grossest iniquity. Indeed that Chase's glasses would have scarcely suited Jay at all, for their modern construction would have shut off even the dimest view of that law, which he was the first to interpret and construe, and tor which he manifested so marked an affection and respect. In short that there is no supreme, no organic law — that the United States is not a constitutional government. It may be well to ask ourselves, what we mean by a constitutional government. We have above intimated the signification which seems simplest and most apparent. It is a government having a constitution consistently ob- served — an organic law which is theoretic 'illy and practi- cally "the supreme law of the land," which is the operative code, by virtue of which the affairs of the nation are ad- ministered. So soon as a people or nation lose or destroy its consti- tution or organic law, without substituting another, its government becomes unconstitutional ; that it is bound by no law which may not be violated by its ruler or rulers, without a means left to any who are affected, of compelling obedience. Just what constitutes a loss or destruction of this law, it is a difficult matter to determine. It is patent that a vio- lation would not be in itself an abnegation ; but it is like- wise patent that a continued violation, through which the violation becomes the rule, is a theoretical and practical destruction, as complete as though the same were wiped THE SECOND REVOLUTION. 13 clause by clause from the statute books, and obliterated from the governmental archives forever. Every o;reat tenet of the Constitution of the United States is to-day a dead letter, although that instrument purports to be "the supreme law" it was when it was ratified by the thirteen governments that made it. From its first clause to its last, — in its legislative, its executive, and its judiciary — almost all its cardinal features, are either practically dead or so distorted as to be recognized by the revolutionist alone. Let us particularize. The first article of the Constitution relates to and defines, the legislative branch of the government. Its whole tenor and effect is that the members of this branch, are to be chosen by the several States. "No person shall be a rep- resentative who shall not when elected be an inhabitant of that State in which he shall be chosen." "Representatives and direct taxes shall be apportioned among the several States." "The number of representa- tives shall not exceed one for every thirty thousand, but each State shall have at least one representative." "When vacancies happen in the representation from any State, the executive authority shall issue writs of election to fill such vacancies." " The Senate of the United States shall be composed of two senators from each State." "No person shall be a senator who is not at the time of his election, an inhabi- tant of the State for which he shall be chosen." "If va- cancies happen during the recess of the Legislature of any State, the executive thereof shall make temporary appoint- ments." " The times, places, and manner of holding elec- tions for senators and representatives shall be prescribed in each State by the legislature thereof, but the Congress 14 THE SECOND REVOLUTION. may at any time by law make or alter such regulations, except as to the choosing of senators." The foundation, and indeed the cardinal idea, of the article from which we quote, is the existence of a body of States, individual, having an unqualified identity, and de- pending upon nothing for their existence as such. It is here asserted, negatively of course, for to have expressed it affirmatively, would have been to have excited question, that the States are self-existent. To have provided, " no State shall be in any event or under any circumstances de- prived of representation," would have left the question of such a right, infinitely less certain than it is. It would have required under such a provision, but the excitement of an ordinary political campaign, to have killed the clause by amendment. Framed as the Constitution is, it has required the grand- est struggle of modern times, to generate the audacity to strike the blow, and it is consummated only in revolution. The idea embodied in this article, is one of those grand fundamental truths, which like the foundations of a great edifice, are as apparent to the observer, as the highly wrought superstructure they sustain. Every clause we have quoted, is a tacit recognition of a federal government — a collection of individual States — Every sentence virtually says, "there being thirteen or more States," such shall he the rule of action. Now if such be the case, there are but two ways in which a tacit violation, continued and successful could transpire without " revolution effected." 1st. A repeal or amendment of the article itself. 2d. By virtue of the operations of international or other law. Of the first <>t' these we need make no mention. The article in question is the same in all its bearings, so far as THE SECOND REVOLUTION. 15 the written constitution is concerned, as it was when South Carolina and Massachusetts joined hands, and swore eter- nal friendship. Here there is no justification of any color or form. It is only behind the misconceived tenets of the law of nations, that there can be found the semblance of a foot- bold. Even the acknowledged leader of the revolutionary element — at least the active leader — has said that if the organic law of the government "is theoretically operative in the South, Congress has been guilty of rank usurpa- tion." By what specious subterfuge any lawyer can escape the conviction that it is theoretically operative, the length and breadth of the nation, we are at a loss to understand. In a constitutional government no other law than ITS written constitution .can by any possibility obtain within its original limits. "This constitution shall be the supreme law of the land,"' must forever exclude the doctrine that it is subordinate to the usages of nations, within its own jurisdiction. The object and aim of a constitution is only this. It is to protect, and guard against the exercise of indefinite, and unlimited powers. It is to set forth explicitly the powers and functions of the government it is presumed to control. If such is not the case, all political science is a mockery and a lie. The one great idea of constitutional liberty, is all em- bodied in that great and sublime expression "this consti- tution shall be the supreme law of the land." No faction, no clique, no sect, no foreign power, or potentate, no ex- ecutive, legislative, or judiciary department at home — noth- ing short of Infinity shall violate this code of our liberties. Amend it if you will — enlarge and supply — but violate 16 THE SECOND REVOLUTION. never! So long as our government endures "this consti- tution shall be the supreme law of the land." Would to Heaven such had been the language that fell from the lips of the exponents of the government, as the victorious armies of its flag furled their triumphaut ban- ners ! But alas ! how different ! Lost in the excitement of the hour every precedent was forgotten — every principle ignored. Revenge superceded reason ; and the govern- ment declared itself ready to proceed to any extreme, in a brief period, and the first Congress subsequent to the ter- mination of hostilities came boldly forth, and proclaimed the doctrine of necessity. Let us give ourselves no concern about the dead past. We must be governed by the requirements of the hour alone! We can be hampered by no constitution! Ex- pediency shall be our only law, and it shall be supreme. It is under such rulings that we find the article above alluded to, staring vacantly out of the national charter, pur- porting to govern ten States, wherein not one of its provi- sions obtain in any degree whatever, and others, where it is at most, in imperfect operation. What shall we conclude? To the nation there appears no necessity of even a thought ! The attentive student cannot fail to sec that the article is dead. In other words, the national legislature is not bound by its constitution. The government is not bound by its constitution. The United States is not a consti- tutional GOVERNMENT. In the executive branch of the government, to accomplish a transformation, would be scarcely possible. The struc- ture of the department is a condition, from first to last, so that any direct encroachment can only be effected in a fatal blow at the entire organism. Practically, the present incumbent of the office of chief THE SECOND REVOLUTION: 17 magistrate is a mere nominal executive. The operations of the laws would be as skilfully manipulated by a child who was subservient to the solicitations and advice of its official subordinates. So far is Mr. Johnson from controlling a general policy, that he is without an element of power. lie is bound hand and foot. He is no more an authority than is agree- able to the whim of an unconstitutional legislature. In the judicial branch, however, we again detect the un- mistakable evidences of gross unconstitutionality. It is but charitable to state that there has been a marked retrogres- sion within the last twelve months. It has scarcely been an honest casting away of specious expediencies ; it has rather been a pause, wherein alarm has been so decided as to occasion thought, and thought has in some degree re- stored reason. The plea of necessity, by virtue of which every despot- ism has come into existence, for some years furnished an all-sufficient excuse for the organization of unconstitu- tional tribunals and courts. The conclusion of the war, however, had a tendency to alleviate the crying enormities growing out of the working of these judicial abortions, and has in some measure righted things. The great feature of judicial error was in the very gen- eral confusion which prevailed, in the manner in which the principles of martial law were confounded with those which obtain in any and all events. So unscrupuously arbitrary did the executive become at one period of the late war. that cither through the w< rk- ings of military commissions, or without even so much for- mality as was required in their operation, all rights of every nature, were swept away. Yet, as we have intimated, this 18 THE SECOND REVOLUTION. was so bold an iniquity, that its influence was destined to be curtailed upon the decline of the excitements of war. It is now our good fortune to be able to chronicle so great a change, that the constitutional courts, where the revolution is in its incipiency, are in almost full force and vigor. The condition of ten or more of the States, however, witnesses an utter abnegation of the judiciary. It is sim- ply annihilated, as is every other constitutional right. The States are without it, and no power can restore it to them except it be in a future too fortunate to expect. It is patent that the revolution of this branch of the gov- ernment, as well as the executive, must of necessity be comprised in the revolution of the law-making power; for, when legislation is unbound, it at once commands what- ever it desires, it creates, or destroys — builds up or over- throws at pleasure. The right to make law outside of, and apart from its constitution, in itself, renders a govern- ment unconstitutional. From a review of the points upon which we have touched, we cannot escape the conviction that the United States is not a constitutional government. The fact that the immu- nities of the organic law are denied to one State, would establish this beyond any question of a doubt, and when denied to nearly half the nation, it is overwhelming and conclusive to certainty. Here arc ten States, in which every right, legislative, ex- ecutive, ami judicial,, is dead. Not by amendment of the law, by virtue of which they were each enjoyed, for it is unchanged ; but through the operation of the laws of war, according to which the victor's right exceeds all possible responsibilities of any other nature. What madness has consumed the intelligence that once TIIE SECOND REVOLUTION. 19 taught our representative men, to at least affect a respect for the fundamental ideas of republicanism. The doctrine of the conqueror's right is so diametrically opposed to the theories of all free government, as to be the very ground-work upon which every despot has enlarged his borders and influence, and added tribute to tribute, upon the conquered peoples he has reduced to subjection. What does it mean but the right of the strong to op- press the weak? It is the doctrine that might makes right. It is the corner-stone of tyranny wherever man is cursed by oppression, or goaded by the horrors of unlimited mon- archy! No tenet in the " logic of Kings" is more arbi- trary ; none so essential to the preservation of a consoli- dated government. Yet by no other law are the people of ten States of the United States governed. The dogma has theoretically and actually superceded the organic law of the land That WHICH WAS ONCE UTTERLY OPPOSED TO EVERY PRINCIPLE OF OUR GOVERNMENT, IS NOW THE RULE OF ACTION WHICH CON- TROLS IT. Could any revolution be more complete? Could any government be more clearly unconstitutional? Its constitution is from first to last as dead as the patriot- ism which produced it. II. The United States is not a Federal Government. There is no one in any degree familiar with the organ- ism of our government, who is so vague in his conceptions as to fancy that it was not federal, "when the wheels were set in motion." In the convention that framed the Constitution, it was universally conceded and accepted as an unequivocal con- dition, upon the report of the committee which determined the point. A merely cursory examination will satisfy the unpreju- diced, that in this great particular a revolution has been consummated. 20 THE SECOND REVOLUTION. The annihilation of ten State governments, is the anni- hilation at once of the doctrines of a federal union. In federalism the component parts arc independent States united. It is only when the purest nationalism obtains, that they become dependent upon the central power. This is the distinction between the two systems. In a federal union the States cannot be disturbed in any rights belong- in"; to them, by the general government — in a national union they may be. That our government is no longer federal will be at once apparent. To the superficial thinker this may appear but an insig- nificant matter, yet we think it a most unhappy step, and one which will occasion more embarrassments than can be easily described. It is the overthrow of all the safeguards of the minority. It is the abrogation of the surest prevention against the evils of faction. It is, in one terrible word, centralization, and centralization is absolutism. III. The United States is no longer a republic. No more startling expression could be uttered than the above. It is however as certain as that free institutions and military despotism are incompatible. Let us again enter into detail, and ask ourselves what is necessary to constitute a consistent and constitutional republic. We think no one will take exception to the usual signi- fication which the word is thought to bear. It is a Btate, wherein each citizen having an equal politi- cal right, is governed by representatives elected in pursu- ance of an organic law, and according thereto. This, we think, a fair and comprehensive definition. Without stop- ping to enquire whether or not the United States is a con- sistent or constitutional republic, we shall he satisfied to show that it is a government wherein the recognized laws THE SECOND REVOLUTION. 21 and principles of republicanism do not obtain, except in the least important particulars. "We need only contemplate tlie aspect of our national affairs sufficiently long to sec what they really are, to be assured that there are as arbitrary systems in vogue not tolerated only, but actually made use of by our govern- ment, as can be found/ipon the continent of Europe. The fact that some*w«) millions of our citizens arc dis- franchised without process of law. and are debarred from any participation in the administration of the government, through whatever event occasioned, is enough in itself to evince that the principles of republicanism are not in force within the jurisdiction of our government. In an undefined oligarchy, such a state of affairs might be brought about, but in times of peace only offer a fair and impartial trial can the citizen of a republic be deprived of his political rights. It is here that a popular, differs from an arbitrary form of government'. In the latter a citizen has no security, in the enjoyment of any great franchise of a public nature; while in the former, so long as there is a consistent ob- servance of its fundamental theories, there is no possibility by which they can be impaired, save by the operation of law. The exercise of any such power, as is required to destroy political rights, is not vested in a republic, in any legislative or executive authority. It is peculiarity the pro- vince of the judiciary, and it alone. It is a right belonging to the citizen, as a member of a government of citizens. The grandest of all immunities, it cannot be aflected save by the same power, that may affect life and liberty. It is an inalienable right, which can be reached alone, by the means that are set down, as the agencies through which, all that is natural or artificial, may be held responsible and cut off. 22 THE SECOND REVOLUTION. There are at this moment seven millions of citizens, whose political status has never been defined, b}^ court or even parliament, and who are deprived of every political right. What doe3 it mean? Is not this a popular government? Is it not a government of the people/or the people? Or is it an anomaly, wherein republicanism operating in one section, and despotism in another, constitutes the whole a free republic? Again the legislation, by virtue of which nearly one- fourth of the citizens of the United States are governed, is iii the fullest sense despotic. None of the fundamental ideas of constitutional liberty, operate in any degree, under "the bills for the more effi- cient government of the rebel States." There are no laws save the absolute will of a military ruler. Clothed with almost supreme authority, "the district commander's" beck, can create or demolish, without hindrance or re- straint. He may overthrow at pleasure, all that the past has evolved. He may violate every civil law, make and unmake courts, public officials, and he may even construct the body politic, build up a /State according to his oivn sole pleasure. He is an absolute ruler. What more striking example of the tyrant can be found in history, than the ill-bred, vulgar, and ostentatious tetrarch of New Orleans. His crying tyranny has scarcely been equalled >iu<-e the days of Roman proscription, and is only surpassed in infamy, by the brutality and obscenity of the man. The intelligence of the faction that countenances this manner ol proceeding, is entirely willing to grant, that it is not found in any precedent, or by virtue of the consti- tution. They argue from necessity to expediency, and submer- THE SECOND REVOLUTION. 23 ged in the wildest theories, satisfy any doubts they may have, with the presumption that the absolute character of their legislation, is to end with the irregularities which it is enacted to meet. Even were it to terminate to-morrow, the evil effects of the terrible precedents, would not be counteracted. Henceforth the means by which the States lately in in- surrection have been controlled, since the termination of hostilities, are lawful precedents, in the administration of our government. The doctrines of the reconstruction, acts are liiv, and may be carried into effect, at any time in the future. That is to say, the general government may make or unmake States, whenever it shall deem it necessary; may disfranchise without due process of law; may im- prison without warrant; may exercise all the powers of despotism. If it may, then is the United States a government wherein the great features of despotism are rules of action. A government of despotic tenets, despotic precedents, and DESPOTIC LAWS. It is almost laughable that there are those who still seek to convince themselves that we are a free nation. It would be only a waste of time to dwell longer on this point. The character of the legislation of the 39th and 40th Congresses, is totally incompatible with republicanism. In spirit, it is violent, relentless and unforgiving. It is the embodiment of persecution and malignanty. The enraged and irresponsible fanatic, violating every law of humanity and fraternity. It is the cruelest tyranny, the most damn- ing hypocrisy — the most heartless despotism. It is idle to attempt to justify that which carries on its face the indcllible marks of crime and weakness, to seek to disguise it. 24 THE SECOND REVOLUTION. From these facts we conclude that our government is neither constitutional, federal, or republican. It is true the semblance of the old system still re- mains, and the minor features appear unchanged, but the principles upon which they rest are dead, and any moment may be the last of even the old formulas. § IL The principles upon which the Colonies inaugurated the revolution in 1776, and maintained the revolutionary war, and upon which the success of the nation was predi- cated, are no longer in force within the jurisdiction of the United States. When a nation created by conquest, revolution, or in any other manner, comes into existence, it proclaims to the world its fundamental theories — the tenets and principles upon which it is based — "a decent respect to the opinions of mankind requiring" that it should declare "the causes which impel it to assume its place among the powers of Earth." This is peculiarly appropriate when there is a se- cession, and the institution of a new form of government within the limits of another jurisdiction. With this fact before them, the American Colonies pub- lished the Declaration of Independence, setting forth therein the rights they claimed, and the wrongs they were unwilling to endure. This Declaration contained an enu- meration of the cardinal doctrines of the government it was proposed to create, in the event of the success of the colonists. It contained the causes which drove them to w-ir— the fruits they were to reap from victory, and its great features were the soul of the Federal Constitution. In brief, its statements embraced the principles, or in Other words, were the doctrines of the Revolution. Let us see if they are the doctiines of the government of a century later. The following will doubtless be recognized, and will be THE SECOND REVOLUTION. 25 observed to be the most characteristic parts of the instru- ment that made us a free people. The tyrant is arraigned because "He has refused his assent to laws the most wholesome and necessary for the public good." " He has forbidden hisgovernors to pass laws of immediate and pressing importance, unless suspended in their opera- tion, till his assent should be obtained, and, when so sus- pended, he has utterly neglected to attend to them. "He has refused to pass other laws for the accommoda- tion of large districts of people, unless those people would relinquish the right of representation in the legislature — a right inestimable to them, and formidable to tyrants only. " He has dissolved representative houses repeatedly, for opposing with manly firmness, his invasions on the rights of the people. "He has refused for a long time after such dissolutionSj to cause others to be elected ; whereby the legislative powers, incapable of annihilation, have returned to the people at large, for their exercise ; the State remaining, in the meantime, exposed to all the dangers of invasion from without, and convulsions within. * * * * "He has obstructed the administration of justice, by re- fusing his assent to laws for establishing judiciary powers. "He has made judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries. "He has erected a multitude of new offices, and sent hither swarms of officers to harass our people and eat out their substance. " He has kept among us, in times of peace, standing armies, without the consent of our legislatures. 26 THE SECOND REVOLUTION. "He has affected to render themilitary independent ?f, and superior to the civil power. "He has combined with others, to subject us to a juris- diction, foreign to our constitution, and unacknowledged by our laws ; giving his assent to their acts of pretended legislation : " For quartering large bodies of armed troops among us : " For protecting them by a mock trial, from punishment for any murders which they should commit on the inhabitants of these States : "For cutting off our trade with all parts of the world: " For imposing taxes on us, without our consent : "For depriving us, in many cases, of the benefits of trial by jury : "For transporting us beyond seas, to be tried for pretend- ed offenses : " For abolishing the free system of English laws in a neigh- boring province, establishing therein an arbitrary govern- ment, and enlarging its boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these colonies : "For taking aivay our charters, abolishing our most valuable laws and altering fundamentally the forms of our govern- ments : " For suspending our own legislatures and declaring him- self invested with power to legislate for us ^in all cases whatever. " In every stage of these oppressions we have petitioned for redress in the most humble terms : our repeated peti- tions have been answered only by repeated injury. A prince, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people. " Nor have we been wanting in attention to our British brethren. We have warned them, from time to time, of THE SECOND REVOLUTION. 27 attempts, by their legislature, to extend an unwarrantable jurisdiction over us. We have reminded them of the cir- cumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity ; and we have conjured them, by the ties of our common kindred, to disavow these usurpations, which would ine- vitably interrupt our connection and correspondence They, too, have been deaf to the voice of justice, and of consanguinity. We must, therefore, acquiesce in the ne- cessity, which denounces our separation, and hold them as we hold the rest of mankind, enemies in war, in peace friends." The above, as before intimated, are the leading features of the Declaration of Independence — the grounds upon w hich the American Colonies made war. We have here the casus belli — the reasons why the Government of Great Britain was deemed intolerable ; and a complete recital of what was at once the crudest oppression and most uncon- scionable tyranny. It is apparent at a glance that nothing could be better adapted to the present time than the instrument in question. It is an exact and unexaggerated rehersal of the indigni- ties to which the States lately in rebellion are each of them subjected. The declaration of the colonies is as perfect a recapitulation of their wrongs as the most punctilious could elaborate. The South is to-day just where the colonies were in sev- enty-six. The outrages which drove their sires into a doubtful and desperate war are goading the unhappy South- ern people — while the iron heel of power holds them clown. The iniquity of George the Third is the rule of action by which they are governed. The tyranny of Great Britain is the liberality of the United States. Free America in 1867 is the despotic, exacting, vindictive and heartless 28 THE SECOND REVOLUTION. Britain of 1776. The freest of all free republics is using British precedent — legislating British oppression — doing for her own free people what Britain thought extreme even for her least loyal colonies. In other words, what was ac- counted tyranny a century ago, and deprecated and con- demned as such on all hands, is now a just, legal, and cor- rect procedure — meeting the commendation of people and parliament alike. The theory of Great Britain in 1776, is the theory of the United States to-day. The reasons which made the colo- nial resistance sacred, are no longer any good ground for complaint. Upon the plea of necessity, "the republic" is a defiant despotism, or else the first revolution was wholly wrong and unjustifiable. We think it unnecessary to point out the similarities of the enactments of Great Britain and those of the 39th and 40th Congresses of the United States. The mere perusal of the passages we have quoted will answer our purpose. It is not possible for any unprejudi- ced man to fail to observe that they are almost identical. Let Thaddcus Stephens pronounce that the right of re- presentation is a right "inestimable," to the rebel of '67, and " dangerous to tyrants only." Let him pronounce that it is tyranny to " render the military independent of and su- perior to the civil power " — or " to impose taxes ivithcut con- sent" — or " to deprive of the rights of trial by jury" — or " to take away charters." Let him, in brief, pronounce any of the noble truths of that great instrument, which are among the charges against King George, and there will go up from his faction a cry of rebuke from one end of the North to the other. •Justly would he be accused of duplicity, for the theory is a thing of the past. The painted bubble is burst, and to look upon these THE SECOND REVOLUTION. 29 glowing lines is to feel our features tingle with shame, for they are hollow, vapid, meaningless flowers of speech. But, says some wise pedagogue, the rebel of '67 has been guilty of the grossest crime, and it is just that he should suffer. Is there no law upon your statute books? Is not treason distinctly defined, and a proper penalty attached to the commission of the iniquity? Go to your courts! — but they afford no remedy. Then is there but one resort ; and that is revolution. The infatuation is complete. The rebel of '67 has but to reverse the figures of the year and substitutes new names, to stand to-day, where stood the framers of the declaration of '76. The government of the United States, needs but a few score crowns, to place it where George the Third stood, when America proclaimed him a rascal and a tyrant. § III. The United States government has reached that condition which the framers of its constitution most dreaded, and which they declared would be its destruction. We cannot disguise the fact that the above proposition is one, where the greatest latitude must be given to opin- ion. Constructions differing in every essential, may be ap- plied, by intelligent men, to the same passage. Yet we insist that judging either by the letter, or by the general character of the efforts of the framers of the constitution, our statement is wholly true. Let us turn to the debates of the convention. The whole of the party representing the interest of the smaller States, could not have made itself clearer. It held distinctly and unmistakably, that the States could by no possibility be destroyed — that they would not enter u union where their individuality and identity, were imperilled. 30 THE SECOND REVOLUTION. It was the party holding this idea that framed our govern- ment. There was no qualification in their demands. Said the second Chief Justice — the cool and patriotic Elsworth — "my happiness depends as much on the existence of my State government, as a new born infant depends on its mother for nourishment." * Mr. Bedford of Delaware in the earnestness of his feel- ings, was ready to ally himself and State, "with a foreign power," if the question was left unsettled. Even James Madison, with all his ideas of nationalism, was warmly in favor of the same condition. In answer to Luther Martin, he thus expressed himself, "I mean to preserve the State rights with the same care as I would trials by jury." Hamilton was equally in favor of the embodiment of the doctrine. Indeed it was accepted as a part and portion of the or- ganic law ; and as its most essential provision. The under- standing was definite and unequivocal. So entirely was the animus of the constitution comprehended, that members of the convention, from the larger States, declined even to consider its adoption. They were unwilling to agree to the compact at all. It was called unjust, irrational and inconsistent. But we need not weary our readers, by dwelling upon this part of our argument. The writings and speeches of almost all the prominent members of the convention of 1787, afford the most unqualified evidence, that the inde- pendent identity of every State, was supposed to be es- tablished in the organic law. This fact is accepted on all hands; by some extolled, by others deprecated. Yet the men who made it, the great majority, aver that it is the only safeguard against consolidation. When New York was hesitating in the adoption of the THE SECOND REVOLUTION. 31 Constitution, and hesitating because of this very reason, Alexander Hamilton, in a speech before the State Conven- tion, used this remarkable language : " I insist that it never can be the interest or desire of the national legislature to destroy the State governments. The blow aimed at the members, must give a fatal wound to the head, and the destruction of the States must be at once a political suicide.' '' Again he said: " The States can neve?' lose their powers till the whole people of America are robbed of their liberties. These must go together. " Hamilton was rightly considered the most finished poli- tician of his day. Although a consistent Federalist, he was not lost in a single theory. Coming from him, the above are especially significant. Have we not fixed the precedent which was to be "a po- litical suicide?" The principle, that the States maybe de- stroyed by the general government, is established, and if we may believe the best authority, and countenance the most astute judgment, our institutions are imperilled. The enactments of Congress are clearly in point. True, they are not a general destruction, but the embodiment of the doctrine, the establishment of the prin- ciple that the central power controls the existence of the States, and may destroy, at any moment, as many as it shall see fit. There is no limit ! If it can annul ten it can annul thirty-seven. The occasion is all that is re- quired. Livingston, whose judgment and ability, were deemed of the highest order at the time of the adoption of the Constitution, in a speech in the Senate upon " The Alien Bill," referring to the objections to the same, said : "One of the most serious has been anticipated, when I described the blow it would give to the constitution of our country. We should cautiously beware of the first act of violation 32 THE SECOND REVOLUTION. — presently, every vestige of it will be lost and swallowed up in the gulf of despotism." He further said, in speaking upon the same measure : — "If these things are so, and no remedy exists for the evil, one ought speedily to be provided ; but even then it must be a remedy which is consistent with the constitution, unless an express authority can be found, vesting us with the power, be the evil ever so great, it can only be remedied by the several States" The provisions of the bill were to clothe the President with authority, to order suspected aliens to depart out of the United States. Although a measure of minor importance, the principle was an innovation of the rights of the States, and was there- fore condemned. What would have been the warmth of so jealous an advo- cate of the constitution, had he lived to see a day when the leader of a dominant party, declared that Congress was acting outside of, and apart from the same! Would he not have felt, that the republicanism of his country, was already " swallowed up in the gulf of despot- ism?" Governeur Morris said in the United States Senate. "If we undertake to construe this constitution, to our purposes, and say that public opinion is to be our judge, there is an end to all constitutions. To what will not this dangerous doctrine lead ! * At present, our national compact can restrain a State from hostile action. But let that compact be destroyed, and each State becomes instantaneously vested with absolute sovereignty. * * Have, I conjure you, magnanimity — Do not, for God's sake, do not suffer pride to plunge us all into the abyss of ruin." Had Mr. Morris lived in an ai^e when it is counted an THE SECOND REVOLUTION. 33 ignominious weakness, to allude to the constitution, he would scarcely be the authority he is. It is interesting and entertaining to refresh our memories, even if we are satisfied that our fathers were deficient in intellect and discretion. We might continue quoting the language of our most eminent statesmen, to an almost indefinite length. The character of the writings and speeches of Madison, Jeffer- son, Jay, and many more, are fairly instanced in the pas- sages we have cited. If our former premises are correct, or if the great exponents of Radicalism are to be credited, we have exceeded the point, which the framers of the organic law, declared would be our downfall. Our constitution is gone, the principles of our govern- ment are a nullity ; there is nothing left, but human in- tegrity, to save us from all the miseries of an anarchical state. From the facts above set forth, we conclude that the United States as a government, is revolutionized. We in- sist that it has passed from its original position, to one, which is diametrically opposite. The old ideas — the old rulings — the old convictions — have failed to keep pace with the "progress of the age." Revolutions have many times occurred, which did not become manifest for years, after their consummation, and it is possible that such may be the case with the United States. But that there has been a revolution, as marked as it is unwise, is, we think, absolutely certain. The future will not fail to convince the prejudiced mind, of what it will not believe, though it be thoroughly convinced. Yet we trust, there are those who will give us their 34 THE SECOND REVOLUTION. honest attention. If we succeed in awakening thought, our argument will be convincing. Finally let us not seek to avoid the issue which is forced upon us. Our government is revolutionized, and the proposition we are called upon to debate, is how we can best labor to avert the shock, the revolution must occasion. There is but one proper course, and it must recommend itself, to every right-minded citizen. It lies in a bold, determined and fearless support of that party which represents law. That the success of such a party, will be consummated without the terrors of war, no human wisdom can foretell — that it will save the nation is equally uncertain — but this fact is clear, it will prevent the dangers of anarchy, and will enable the people to pass from republicanism into a more absolute state, without violating every principle of political science. If our government is a failure, let it be destroyed ac- cording to law. The constitution, which is the beginning and end of the government, provides for its own abroga- tion. It may be amended into a nullity. But if, on the contrary, our government is founded upon a correct theory, the complete success of such a party, will be likely to produce results which will be calculated to re- establish that, from which we have so madly departed. A convention of the States, and the old compact re- newed, would place us where we were before it became a dead letter. But we are not prepared to propose a remedy. Let the demagogues who have sought to effect our ruin, suggest a solution. Upon their shoulders the odium will forever rest. To their uublushing villaiuy, and unscrupulous vio- THE SECOND REVOLUTION. 35 laion of all that was sacred, and honorable in our past, will be ascribed whatever we shall suffer in coming times. Adding blunder to crime, and folly to infamy, there is nothing in the past so destitute of principle, so pitiably base, illogical, and wicked. By no more barbarous executioner could our institutions perish — by no more ungrateful arm could the blow be aimed. And if it must come,' let it be right speedily; for so surely as justice is everlasting, so certainly will the demon of the age die as did the terrorism of France, a death of ignominy and disgrace. But let us not give "way." Let the few who are still faithful to the lessons of an heroic ancestry, stand defiant to the last. Let us at least " unto ourselves be true," and suffer what our wisdom assures us will not be suffered in vain. If the citadel must fall, let there be found among its ruins, one glorious pillar, which our hands have helped to rear — that shall stand when all else has passed away. Let it be a perfect work, and let us believe that it will catch the eye of the patriot in ages to come, who shall discover that it is founded on eternal rock, and that its solid base bears the inscription which Liberty, Truth, and Wisdom have engraven — " Esto perpetual " " Let it LAST FOR EVER ! " i '12