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 Price, by Mail, prepaid, 25 cts. 
 
 FEEOHES EOll THE TIMES 
 
 HON. JAMES W. WALL 
 
 OF NEW JERSEY. 
 
 WITH 
 
 A SKETCH OF HIS VUmM -\5D TOUTICM. HlSTOliY, 
 
 
 'f fV^1»T/!^Coi#itution is tlie Union. 
 
 :Mm^ — 
 
 KEW YORK: 
 PUBLISHKD BY J. WALTER .t CO., 
 
 19 CITY HALL SQUARE. 
 
 1864. 
 
 Liberal 3)iecount to Agents and the Trade. 
 
« 
 
 SPEECHES FOR THE TIMES 
 
 BT 
 
 HON. JAMES W. WALL, 
 
 OF NEW JERSEY. 
 
 A SKETCH OF HIS PERSONAL AND POLITICAL HISTORY. 
 
 v^I^'- 
 
 "The Constitution is the 
 
 
 '' ^- * ?^ ^ 
 
 NEW YORK: 
 PUBLISHED BY J. WALTER & CO., 
 
 19 CITY HALL SQUARE. 
 1864. 
 
E45-8 
 .3 
 
 Entered according to Act of Congress, in the year ISM, 
 
 By J. WALTER & CO., 
 
 In the Clerk's Office of the District Co\irt of the United States for the Southern 
 District of New York. 
 
 By 
 
 
 NUVV^"" l^ 
 
PUBLISHERS' NOTICE 
 
 Among the works we are getting off, soon to be offered to the pub- 
 lic, IS a volume of about 600 octavo pages, entitled " Speeches for 
 THE Times, bv Eastern Men— Franklin Pierce, James A. Bavard 
 Isaac Tousey, James W. Wall, Wm. B. Reed, Benjamin Wood, Chas' 
 Ingersoll, John MoKeon, and Tnos. H. Seymour." 
 
 These speeches have, in nearly every case, been selected and revised 
 by their authors, with special reference to their appearance in the work 
 referred to ; and the several sets are in most instances preceded by a 
 sketch, giving some account of the personal and political history of the 
 author. "^ 
 
 The three speeches contained in this pamphlet, also the sketch that 
 precedes them, will appear in that work; but we have concluded to an- 
 ticipate their publication in that form, and give them an earlier and wider 
 circulation in the way here presented. During the intensely excitino- 
 scenes into which we are now entering, the mass of the people will be 
 more disposed to buy and read small books than large ones ; and the 
 works that will be most eagerly sought for, by the class of people 
 for whom we are writing and publishing, will be those which give the 
 matured convictions of men who, from the first and at all times, re-ard- 
 less ot danger to liberty or life, have firmly denounced the unwise, 5ick- 
 ea, and unconstitutional war, wliich for the last three and a half years 
 has been desolating our once happy and prosperous land. 
 
 The zeal of new converts to the doctrines of peace is needed to give 
 additional force to the great movement, before which the wild tumult 
 of war IS soon to be hushed. But these new converts, with hands not 
 always unstained with the blood of men slain in this murderous strife, 
 are not the men to whom the multitude will look as the safest and most 
 reliable leaders in this hour of greatest danger and trial. The men to 
 whose counsels most heed will be given, when the multitude are called 
 to the work of rebuilding the temple of liberty, will be those who, at 
 the outset, saw and predicted the calamities which our country has suf- 
 fered and with solemn, earnest, and continued appeals, warned the peo- , 
 pie of the dangers into which they were rushing. A peculiar, deep, 
 
4 publishers' notice. 
 
 and penniiH.nt interest ^vill attach to tl^e counsels and warnings— the 
 words of political wisdo.n and truth-which those men uttered in times 
 when every truth, whether from heaven or earth, was resisted and repelled 
 with the fierce malignity of devils incarnate. 
 
 \mong the men who have thus stood unmoved from the first, and 
 wliose spirit and purposes were firm and unfaltering, even when prison 
 walls and bayonets were around him, is Hon. James W. Wall, ol 
 
 New Jersey. 
 
 The speeches here brought again to the attention of the public, are 
 not new or very recent; hut old trutlis often appear like newones in 
 the light of new fiacts to which those truths relate. So it will be in 
 
 this case. 
 
 Bv givin.^ this and similar documents a large circulation, we hope to 
 be o> some" service in c<yunteracting the tendencies towards political 
 insanity, so dangerously and increasingly prevalent in this country fo. 
 the last thirty years, but now at last, happily, showing some signs of 
 
 ,. . . r . J. W. & CO. 
 
 dimmishmg. 
 
 New York, August 10, 1864. 
 
JAMES W. WALL. 
 
 INTRODUCTORY REMARKS. 
 
 The gentleman whose speeches are hero introduced is, and has always been, a 
 bold and unwavering advocate and defender of the civil rights of the people, as 
 expressed in the Constitution and the laws of the Federal and State Governments. 
 His character and position being clearly defined and understood by the people, ii 
 suited the policy of the Lincoln Administration to select him as one of its first ^-ic- 
 tims for proscription and persecution. This fact, together with the sentiments he 
 has held and advocated, has placed him on the list of those men whose names are 
 known and cherished by the friends of civQ liberty and political truth. A brief 
 sketch of Mr. Wall's personal and political history will be interesting. 
 
 James W. Wall was born in Trenton, K J., on the 26th of May, 1819. His 
 father. General Garret D. Wall, held a high rank at the bar of New Jersey; also 
 represented his State in the United States Senate, through one Senatorial terra: 
 his coUeague being the able and distinguished Samuel L. Soutliard. It is proper 
 to mention, also, that Mr. W., though opposed to revolutions, unless when just 
 and mevitable, is descended from Revolutioaary stock, botli his grandfathers 
 having been officers in the war for independence. 
 
 Mr. Wall graduated at Princeton College, N. J., in the year 1838: liis standing, 
 as a speaker and writer, being among the first in his class. Soon after he left 
 college he commenced the study of law, and was admitted to the bar as an attorney, 
 in 1841, and as counsellor-at-law in lS4i. But having a strong love for Literature, 
 he soon foixid the most of his time and attention occupied in that way. The his- 
 tory and science of Government Were among the themes in which he took most 
 interest. For several years he was a constant and regular contributor to the 
 Knickerbocker, one of the oldest magazines in this country, and among the first in 
 point of literary merit. Uis contributions to that journal embraced a wide range 
 of topics, among which was a series of articles on the old English poets. He was 
 a contributor also to Bentley's Magazine, a London journal having a large European 
 circulation. An article that appeared in the Edinhurgh Renew, in the year 1855, on 
 the " Curiosities of the Roman Catacombs," was from Mr. W.'s pen. But his labors 
 were not limited to the liigher departments of general hterature. He took a deep 
 interest ui questions relating to the general interests and wants of society. Agri- 
 culture, especially, was one of his favorite themes. Several of his addresses de- 
 livered before agricultural societies and at State fairs, have been published and cir- 
 culated widely. An address entitled " Our Age and its Contributions to Aarirvtture " 
 deUvered before the State fair of New Jersey, Sept. 16, 1859, was reprinted in one 
 of the most widely circulated agricultural journals of England, and witli very com- 
 plimentary notices of matter and style. 
 
 While thus contributing to general literature, and aiding to place in the clear 
 light the truth of those common matters, tlirough tlio knowlege of which the first 
 and most general wants of life are supplied, Mr. W. has identified Iiimself with 
 
JAMES W. WALL. 
 
 a great diversity of interests. But the deepest and most general sympathies of 
 the public have been directed to what he has written and said on political 
 themes. On questions of this sort, few men of his age have written or spoken 
 more. From the first, and at all times, he has been a thorough and unwavering 
 Democrat. His first vote was cast for Mr. Van Buren. While others have changed 
 and permiltod themselves to be driven to market and sold as fat oxen wearing 
 gay ribbons, Mr. "VVaU has kept out of the shambles, and has never been for sale 
 at any price. 
 
 In 1850, Mr. "W. was tendered the nomination for Congress by the Democracy of 
 the counties of Burlington, Monmouth, Ocean, and Mercer ; but declined on acco\mt 
 of the very feeble and precarious health of his father, which would not permit him 
 to give time and attention to the campaign, lion. Chas. S. Skelton, nominated in 
 his stead, was elected by a large majority. 
 
 In 1854, Mr. W. went to Europe and spent a year visiting prominent places of 
 the East, On his feturn he published a volume entitled "Foreign Etchings, "which 
 was favorably noticed in the journals of the day and had a wide circulation. 
 
 In 1 856, Mr. Wall accepted the nomination for Congress, from the second district 
 of New Jersey. A few extracts from a speech delivered on that occasion, will give 
 some idea of his sentiments at that time, and will also furnish an interesting speci- 
 men of his style of expression. Mr. W. said : 
 
 " I have supported the principles of the Democratic party, not from any motives 
 of personal interest, or self-aggrandizement, for I liave never asked an office of 
 profit at your hands: but from an honest conviction that the interests of this great 
 country could ouly be advanced and its prosperity secured by a strict adherence 
 to them. I have carefully studied tlie political faith that I profess, and have 
 watched with admiration the constant and undeviating progress of our Republic 
 under tlie stimulating influences produced by a rigid and strict adlierence to tlie 
 principles of that faith. By that constant and consistent adherence, tlie Demo- 
 cratic party have literally lived down and overpowered all opposition, those principles 
 ceasing to be issues, and becoming part and parcel of the policy of this great coun- 
 try, now extending from Maine to where the waters of the Mexican Gulf murmur on 
 the sands; from the shores where the Atlantic dashes to where young Cahfornia rolls 
 down her golden sands to the Pacific. In all tlie wide area embraced in such a 
 magnificent territorial acquisition as this, everywhere prosperity invigorates and 
 stimulates each branch of liuman industr}- and enterprise, while the coffers of tho 
 national treasury are literally overflowing with their golden store. The history of 
 the world may be safely challenged for a comparison. And while domestic inte- 
 rests are thus characterized by a prosperity Avholly unexampled, the foreign inte- 
 rests of the Government liave been so judiciously managed, its rights so firmly 
 guarded that this nation stands today, in the eyes of Ciiristendom, the First Power 
 of the earth. The sun, in his course, has looked down upon many a s6ene of mag- 
 nificence, commercial wealth, and political power ; he has seen the Assyrian, Mace-' 
 doiiian, and Roman Empiies rise and fall; he looks this day upon the pomp, 
 pride, and power of the British Empire, "with her morning drum-beat circling the 
 world;" but never, in all liis course, has he looked down upon such a scene of 
 fomniercial wealth, politiciil power, and national glory as is here unfolded beneath 
 his Ijurning gaze at this present hour. All this prosperity, both at homo and 
 abroad, has been produced by the wave of the magic wand of Democratic legisla- 
 tion, guided and controlled by a Democratic policy. 
 
 " The great part}' to which we belong, citizens, was organized on the principles 
 o' '98 ; and then, for the first time, called into existence on account of the aggre.s- 
 sions of the General Government on the rights of the States and the people. It 
 then, at an early day, threw up the onlj' harrier tliero is to i)rotcct tlio.se rights 
 against encroachments by the centralizing power of the Federal Government, 
 and behind which it has this day arrayed itself again, in order to guard the 
 right of popular sovereignty against Congressional usurpation. That barrier then 
 
INTRODUCTOEY REMARKS. 7 
 
 thrown up, and now sheltering us, is a strict construction of the Constitution under 
 which we Hve. It is belund that barrier in tliis contest, wo stand, warding oft' the 
 assaults made by those who still believe, as they ever have beheved, that tliere 
 exists all power in the Constitution, by forced implication or otherwise, to justify 
 every encroachment upon popular sovereignty and tlie rights of the States. Strict 
 construction of the Constitution and no implication in the interpretation of that 
 instrument, saved this country from the curse of a United States Bank, from high 
 tai'iffs, and an extravagant system of internal improvements ; and it is in adhe- 
 rence to this doctrine upon the vexed question of slavery, in the impending con- 
 test — tlie only issue offered by this so-called Republican party — is to preserve by 
 the triiimph of the Democracy, this great and glorious Union undivided and unim- 
 paired. 
 
 In the same address, Mr. W. thus depicted the sad consequences of permitting 
 a gradual encroachment upon the rights of the States : 
 
 "The Democracy, then, consider this equality of rights in every section, as the 
 only palladium of our liberties. Grant this m'onstrous power contended for hj 
 the opposition — that Congress have a right to impose this slavery restriction on 
 all the territories, or to run geographical lines when and where it pleases, and you 
 strike a deadly blow at tliis equality at once ; and the end will be, disunion, civil 
 war, and, eventually, hopeless anarchy, or a militarj- despotism. Every interest 
 in the nation, as it becomes strong enough to pursue its favorite object, will refer 
 to these things as precedents, and will not hesitate to impose such further restric- 
 tions upon the admission of other territories and States as shall best suit the pur- 
 pose of the hour : until the States to be admitted will not be so much distin- 
 guished by the dates of their admission, as by the inequality of rights they may 
 be permitted to enjoy under the Confederacy. Beneath the influence of such a 
 policy as this, the Union must grow weaker and weaker, and the ties that once 
 bound us be sundered forever." 
 
 A vigorously-contested canvass ensued. The Know-Nothings and the Repub- 
 licans united their strength against the Democracy, and the former exhibited 
 intense hostihty against Mr. W., in consequence of his bold and earnest defence 
 of the Constitutional rights of adopted American citizens. Mr. "W. lost the elec- 
 tion by about one thousand votes — twenty-one thousand having been cast. 
 
 In the faU of 1859, soon after the John Brown raid into Virginia, an immense 
 mass-meeting was held, without distinction of party, in N^ewark, New Jersey, 
 the object being to express the mdignation of the public in relation to that infa- 
 mous outrage. Three speakers were selected from the Republican, Democratic, 
 and American parties, respectively. Mr. W. represented the Democracy on that 
 occasion, and the sentiments he expressed, reviewed now in this hour of our coun- 
 try's deepest sorrow and trial, have a peculiar significance, and indicate a far-seeing 
 sagacity in relation to the dangers which were at that time threatening our peace. 
 
 Mr. W. said: 
 
 " My friend, Mr. Frelinghuysen, in the very able and eloquent remarks to which 
 you have just listened, appears to argue against the possil)ility of the dissolution 
 of the Union, ' because it is a solemn compact, made not by the States, but by the 
 people.' But he must remember that the Constitution, which he deems so impreg- 
 nable, was adopted by the States in their sovereign capacity. They came into this 
 Union as States, and they will retire in the same way. I would I could think as 
 he does ; but, if fifteen States of this Confederacy should withdraw their repre- 
 sentatives in both branches of Congress, where, I aslc, would you find the authority 
 in the Constitution to prevent them, aud wlicre the compelling power,' the attrac- 
 tive force, to bring back these political orbs that had thus dashed madly from their 
 spheres? Would you coerce them bj- the military arm as rebelhous? Yon will 
 tlwn inauqiirate civil luar, and r'udize the horrors Mr. Madison predicted in the Consti- 
 tutional dmceniion, if the poioer to coerce disobedient States ivas con/erred upon the 
 
8 ja:mes w. wall. 
 
 Federal arm. A pnlf will open between the sections wliich will never close, and 
 into it will go oceans of blood and myriads of treasure. 
 
 "I look upon the dissolution of this Union as amongst possible events; and 
 when that evil hour shall come, those who counsel such a deed v^ill be in no tone 
 to parlej' about Constitutional obligations or Constitutional rights." 
 
 The speech from which the above quotations are made was closed with the fol- 
 lowing impressive words: 
 
 " It is not for me to-night, citizens of Newark, surrounded by the enterprise, 
 wealth, and industry of this city — a city that feels every hour the heart-throbs of 
 the great commercial emporium' of the Union — whose traffic, hke that of Tyre, is 
 with 'the uatious and kings of tlie earth,' to attempt at any length to show you 
 how your prosperity, and that of the whole country, rests upon that mutual inter- 
 dependence, that leaning one upon the other — a relationship which, if disturbed, 
 must entail untold calamities iipon all. You understand all this much better than 
 I can tell it to you. 
 
 '• Let us, then, standing, as we do to-night, upon the threshold of the great 
 heart-festival of Christendom, be filled with the inspiration that comes with that 
 genial season of ' Peace, good-will to men.' Let us, to-night, as in the presence 
 of the justified spirits of our great ancestors, invoke heavcn-l)orn Peace, in lier 
 widespread benelicence, her lofty philanthropy, her abiding faith in human nature, 
 to descend into the midst of all this strife among brethren, and shed her blessed 
 influences over our country, and our hearts. Let us go from this meeting with 
 renewed determination to preserve intact that heritage which has descended to us 
 from our fatliers — to keep unsullied and unsevered tlie links of that bright, strong 
 chain wliich, forged in Revolutionary fires, and of ethereal temj)er, has thus far 
 bound State to State, and man to man, in one great brotlierhood of nationality. 
 Then centuries hence, some other son of New Jersey, honored, welcomed, and 
 greeted, as I have been to-night, shall exclaim in heartfelt satisfaction, as I do : 
 
 " 'A Union of Lakes, a Union of Lands, 
 A Union that nothing can sever, 
 A Union of Hearts, a Union of Hands, 
 And the Flag of our Union for ever !' " 
 
 "When, in consequence of the election of Mr. Lincoln, pledged to the prosecution 
 of measures which the Southern Slates regarded as a direct and palpable violation 
 of their Constitutional rights, a conflict of arms seemed inevitable, Mr. T\'., in con- 
 nection with many others, exerted himself to secure, if possible, the adoption of 
 the " Crittenden Compromise," knowing that the conflict could by that means be 
 averted and the Union saved ; but those efforts, as the pen of history has already 
 recorded, were unsuccessful. A relentless fanaticism had decreed that there should 
 be no compromise. A few weeks later, and the purposes and proportions of the war 
 were clearly indicated, and to the eye of every sagacious and unprejudiced states- 
 man it was apparent, that while the Southern States had resolved to secure and 
 maint-ain an independent nationality, the men whose cherislied purposes and 
 designs controlled and directed the Administration, had determined to be satisfied 
 with nothing less than the subjugation of those States and the destruction of their 
 Constitutional rights. Mr. W, took this view of the war, and boldly declared that 
 he had no sympathy with its causes or its objects, and no confidence in its manage- 
 ment or its results, but looked upon it as unjust, unconstitutional, and destructive 
 t.) rcpubhcan institutions. If continued in the spirit which obviously prompted 
 liic Administration, he was confident it would end in giving the Southern States 
 wiiat they were endeavoring to obtain, a distinct nationality, and thus lead to the 
 breaking up of the Union. 
 
 ■\Vli.:n the dcfpotic purposes and measures of the Administration began to 
 
INTEODUCTOEY EEMAEKS. 9 
 
 develop their character, he boldly and fearlessly denouuced them, and when the 
 order came forbidding the Now York Daily News to be carried through the maUs, 
 he addressed the following letter to the Postmaster-General. 
 
 "Burlington, N. J., Aug. 2G, 18G1. 
 " Hon. MoNTGOiiERT Bl.\ir, Postmaster-General : 
 
 Dear Sir: Your recent high-handed, unconstitutional act in stopping certain 
 newspapers from being circulated through the maQs, will meet, as it deserves, the 
 indignant protest of every freeman. If the proscribed papers have reflected 
 .severely upon the conduct of the Administration, they had a rigiit so to do in a 
 Republic, where it has been our most cherished boast that the acts of otir rulers 
 are open to the freest scrutiny. In fact, the right of examining the characters of 
 our pubHc servants, and commenting freely upon their puljlic conduct, is the sen- 
 tinel standing at tlie door and ufiectually guarding every oiher right. If the people 
 relinquish that, they richly deserve to be slaves. 
 
 "Let me commend to your serious consideration, the noble language of your late 
 father-in-law, the Hon. Levi Woodbury, during the war of 1812, toward the 
 influential citizens of cfertain of the Eastern States, who not only opposed the war, 
 but threatened a .severance of the Union, terming it ' a rope of sand,' ' a mill-stone 
 about the neclv of New England.' 
 
 " He was indignant at their opposition, but, noble patriot that he was, he pro- 
 pcsed that it should be met only in the constitutional v/ij'. 'Such opposition,' 
 said he, ' will and must engender its own corrective. Let then an uncea.sing oppro- 
 brium be heaped upon the measures of our Administration. It is nut punishable 
 under Republicans, however severely it was under Federalists. Our sacred regard 
 to independence of opinion and liberty of the press pardons tiie licentiousness. 
 But the people will mark its authors and properly reward them both by the huger 
 of scorn and the omnipotence of elections.' 
 
 " Remember the above was uttered in reference to a Peace party who, during a 
 foreign war with England, avowed the most supreme contempt for the llepulilic — 
 who, in fact, were in direct hostility to the Constitution — engaged in intrigues for 
 the overthrow of the one and for nullifying the other. In fact, a party that did 
 not hesitate to avow its sympathy for the foreign foe at the very time our capital 
 was in flames and in the hands of the enemy. 
 
 " Now, sir, I defy you to lay your finger upon a line of the editorials of the Daily 
 Nevjs (one of the organs under the Government ban), that by the most forced 
 construction could be declared treasonable to the country. That journal has 
 labored for peace, for a cessation of this unnatural war, for an appeal to the peo- 
 ple from the acts of the Government, or ' an appeal from Philip drunk, to Philip 
 sober.' It had a perfectly constitutional right to do this, and in that direction i 
 hope it will continue to labor, undismayed by either tlio menaces of Government, 
 or the threats of a mob. In fact, had the Government listened to the repeated 
 warnings of the New York Dai'y Xmos instead of giving credence to tho-se 
 journals, that were pretending, to sustain it, the disgrace of the defeat at Manasstis 
 Plains would not now stain tlie national escutcheon. The News over and over 
 again, before the advance of 'the grand army,' warned the Government of tho' 
 inefficiency of its forces to cope witli the numbers, and storm the strong fortifica- 
 tions of the enemy at Manassas. Its warnings were sneered at by those emi- 
 nently patriotic journals, the New York Herald and Tribune, the Fhiladelphia 
 Enquirer and Bulletin, as "the senseless drivellings of treason.' A common sense 
 of gratitude alone might have induced the Government, for this one act, to have 
 overlooked the N'ew.s; in its wholesale proscription of journals in the city of New 
 York, opposed to the Administration. But it asks no favors, it is wiUing to stand 
 or fall with its co-laborers in the cause of peace. 
 
 " Our fathers were intimate friends ; and although your father to-day belongs to 
 the Republican party, I cannot believe that he indorses the recent arbitrary act of 
 your department, or else he must prove recreant to the doctrines lie proclaimed 
 years ago in The Globe. In that able and influential journal, in speaking of the 
 attempt made to pass a bill through the Senate preventing Federal officers inter- 
 fering in elections, ho once said: 'Under no possible emergency, not even in 
 
10 JAMES W. WALL. 
 
 insurrection or mid the throes of civil war, can this judgment justify official inter- 
 ference with the freedom of speech or of the press, any more than it car. with the 
 freedom of the ballot. The licentiousness of ihe tongue and of the pen is a mmor 
 evil compared with the licentiousness of arbitrary power.' Little could he have 
 then supposed that one of his own sons should lend himself to carry out an arbi- 
 trary edict that prostrated this boasted freedom at a blow. 
 
 "You, by such an edict, have a*<sumed to dictate to me what political papers 1 
 may receive. "Where do you derive your power? You have just as nuich right to 
 declare what religious works I shall receive. If I am in favor of peace I have a 
 right to be, and I will work for it, write for it, pray for it, do any thing but fight 
 for it, in the face of all the imperial ukases that ma\- be sent forth from Washington. 
 If this war must go on, it must be waged constitutionally. Wage it against the 
 enemy south of the Potomac, and not against peace-loving citizens of tiie North, 
 whose ouly crime is loving the old Constitution so well that tliey cannot po.ssess 
 their souls in patience when they behold the far-famed ' higher law' substituted 
 in its place. Yours, respectfully, 
 
 " James W. Wall. ' 
 
 The above letter was not only sent as directed, but was'.ilso published in the 
 papers ; soon after which, the marshal of the district, accompanied by an armed 
 posse, made his appearance at Mr. Wall's residence in Burlington, arrested and 
 conveyed him to Fort Lafayette. His house is only a few hundred yards'from the 
 depot, and the skill and dispatch Avith which the capture was managed, gave no 
 time or opportunity for his friends to rally to his rescue. Mr. Wall was confined 
 two weeks in the Government depository of the civil liberties of the people ; then 
 released, without trial or examination of any sort. Nor has he ever, to this day, 
 received any official information as to the grounds of his arrest. The whole pra- 
 ceeding, as in many other similar cases, was in direct violation of the civil rights 
 guaranteed to the people by the Constitution and the laws. Nor liad it even the 
 negative merit of conforming to the ceremonies usually observed in legal proceed- 
 ings among civilized nations. It was simply a di.^play of arbitrary and irrespon- 
 sible power. 
 
 Oi^ being released from the Government prison and returning to his residence in 
 Burlington, Mr. W. received a magnificent popular ovation, and on that oecasioQ, 
 in a public address, boldly and unsparingly denounced the despotic measures of the 
 Administration. So bold and fearless wore his denunciations of the men in power, 
 that several of his Democratic friends thought him very imprudent, and feared his 
 re-arrest in consequence of the strong terms he had used. They were forgetful of 
 the fact that tyrants are cowards, and that he who fears them least and meets tliem 
 most boldly is safest. Men of that sort may sometimes suffer the loss of liberty 
 or life, but they leave an example and record which, to the cause of civil liberty, 
 is worth the sacrifice. 
 
 At the next session of the New Jersey Legislature, Mr. W. addressed a strong 
 memorial to that body, setting forth very fully the manner and circumstances of 
 his arrest and imprisonment, and showing that the whole transactiou was in direct 
 and palpable violation of the civil rights guaranteed to liim as a citizen of that 
 State. He then urged the Legislature to demand, through its Senators, a copy of 
 tl 10 charges agahist him; and if no response was returned and uo charges fortli- 
 coming, to enter its solemn protest again.st the wanton disregard of the constitu- 
 tional rights of a citizen of the State. The memorial closed with the following 
 earnest appeal : 
 
 " I speak earnestly because I feci so. I liavc been made to know the insoleuoa 
 of arbitrjjry power. ' The most degraded criminal in any of your prisons could not 
 
THE INDEMNIFICATION BILL. 11 
 
 have been treated as I have been witliout an outcry of indignation from every 
 honest citizen in the State. I have been arrested without the form of legal war- 
 rant, condemned without the shadow of a trial, and puuislied by a degrading 
 imprisonment of weelcs without, to this hour, knowing the nature and cause of the 
 accusation against me. I know and appreciate my rights as a citizen of the United 
 States, and of the State of New Jersey. I envy not the heart, for it is corrupt, nor 
 the brain, for it is diseased, that can approve, or by a show of reasoning attempt to 
 justify such an atrocious act of tyranny as this. If such an act can be done in a 
 repubhc witliout redress, and with the approval silent or avowed of its citizens, 
 pien 1 know no diflference between it, and the vilest despotism upon earth, save 
 that the latter is the more honest government of the two." 
 
 It is unpleasant to record the fact that the Legislature of New Jersey, although 
 largely Democratic, was under the influence of the Federal despotism to such a 
 degree, that it reported adversely to the memorial, the report taking the ground 
 that " any action on thejnirt of the Legislature in conformity with the memorial might 
 bring the State in conflict with the Federal Government, and referring the memorialist to 
 Ms remedy at law.^' 
 
 It is gratifying to state that the next Legislature elected Mr. Wall to the United 
 States Senate to fill the unexpired term of Hon. J. R. Thompson, deceased. His 
 connection with that body was for only three months, but he availed himself of 
 that opportunity to record, in clear and unequivocal terms, his condemnation of the 
 despotic and unconstitutional measures of the Administration. One of the speeches, 
 that on the Indemnity Bill, will be found in this collection. Another of similar 
 character on the " Missouri Emancipation" BiU, our hmited space compels us to omit. 
 
 The arrest of Mr. TVaU was an unlucky stroke for the Administration. In hia 
 case, as in that of many others, the tyrants attempted too much, and did serious 
 injury to their cause. His influence has been much greater the last three years 
 than ever before. His speeches, wherever delivered, were received witl^earnest 
 attention and deep interest. Among his recently published speeches may be enu- 
 merated, the address before the citizens of Burhngton, by invitation of the Common 
 Council, entitled, " The Constitution Originating in Compromise — it can only be 
 preserved by adhering to its spirit and observing its every obhgation." An ora- 
 tion, delivered July 4th, 18C3, by invitation of the citizens of Newark, and one on 
 the character and principles of Washington, delivered by invitation of the Demo- 
 cratic Central Committee of the Third Congressional District of Monmouth County, 
 February 2 2d, 1864. His public speeches and addresses have been heard and read 
 by thousands, throughout the country, whose first interest in him and his senti- 
 ments is due to the malignant efforts to destroy him, and the courage which he has 
 manifested under persecution. 
 
 THE INDEMNIFICATION BILL. 
 
 Senate of the United States, March 2, 1863. 
 
 TnE Senate having under consideratioTj the report of the committee of conference 
 on the disagreeing votes of the two Houses on the bill to indemnify the President 
 and otlicr persons for suspending the pjivilcge of the writ of habeas corpus and acts 
 done in pursuance thereof— Mr. Wall said : 
 
 Mr. President : I look upon this bill as fraught in its consequences 
 with more terrible nii.schicf to the beat interests of this countiy than any 
 
12 JAMES W. WALL. 
 
 of the dangerous projects tliat liavc sprung, like Minerva, but Avitliout 
 her wisdom, full armed, from tlie busy brain of the Chairman of the 
 Military Committee. It is more pregnant with evil for the Republic 
 than was the belly of the Trojan horse to Ilium. And now is, the time, 
 here the place, " where the wild fig-trees join the walls of Troy," when 
 all those who would defend the palladium of Constitutional liberty must 
 meet the foe and drive him back, if it i^ not already too late. Here, if 
 we must perish, we should perish together. We must fight to the last, 
 for if this bill once passes there is no Laliura for us to fly to. 
 
 • This bill clothes the President of the United States, <vith the aid of 
 the conscription bill passed on Sunday morning, 'with the panoply of 
 the vast powers and functions of a dictator. The dictator who in the 
 hour of a nation's peril came forth from the Roman senate, withabsohite 
 will over the life, liberty, and property of the Roman citizen, never had 
 any more power than this bill confers upon the President of the United 
 States. When the decree for the appointment of a dictator went forth 
 from the conscript fathers of Rome, they veiled the statues of Liberty 
 that stood in every market-place, in every boarium, in every forum, and 
 in every temple throughout the vast extent of the empire. The 
 shrouded, silent forms of this goddess gave notice everywhere to the 
 Roman citizen that his absolute rights were taken away. But under 
 this bill, Mr. President, there will be no such notice to the citizen of 
 this Republic. By this bill you place at the discretion of the President 
 the grave power to suspend the great writ of right of the people of the 
 entire country at his option. Yon actually confer upon him the 
 functions of a legislator, the right by his own volition to suspend a law; 
 a right which I hold under the Constitution belongs alone to Congress ; 
 and which it has no more right to delegate to him than a trustee would 
 have a right to delegate a trust power. This bill is only an embodi- 
 ment of that pestilential polilicnl heresy with which this war com- 
 menced — and to which I shall address myself presently — that the right 
 to suspend the privilege of the writ of habeas corptis was an executive 
 and not a legislative power — a political heresy boldly sustained in this 
 Chamber by the Senator from New Jersey who preceded me, but who 
 has now gone, to enjoy his reward for having unlearned the legal 
 lessons that had been taught him, where, I may say, the Democracy 
 cease from troubling, and the wearied politically are at rest — for it is a 
 life estate. 
 
 I shall take occasion before I conclude to allude to some of the 
 points in his speech, for the purpose of refuting them, and placing 
 my protest upon the record against the infamous doctrine it contains, 
 and the gross insult that it offers to those great men who laid the foun- 
 
THE INDEMNIFICATION BILL. 13 
 
 \ 
 
 dations of this Repul>lic, with a view to the public happiness, by secu- 
 ring to the citizen those absohite rights whicli such a doctrine as this 
 overturns at a blow. 
 
 Let this bill pass, Mr. President, and it places the liberty of every 
 citizen in the loyal States at the will of the President of the United 
 States, with no check, no control ; and it reopens the iron-studded 
 doors of the casemates in your bastiles, to be filled, as before, by men 
 against whom no accusation has been lodged, and who seek in vain to 
 meet their accusers face to face before the legal tribunals of the land. 
 Again will the post-offices, as they were before, become each like the 
 lion's mouth of Venice, where the secret informer may lodge his lying 
 accusation ; and from a tribunal as inexorable as the far-famed Council 
 of Ten shall come as swift and as sure the mandate that consirrns him 
 to some military dungeon of the Republic, which desecrates the names 
 of those martyrs to liberty, it may be Fort Warren, it may be Fort 
 Lafayette. This bill, if it passes, establishes in the Pi-esident arbitrary 
 power ; and history informs us that arbitrary power is progressive, 
 untiring, unresting. It never halts or looks backward. As one has 
 eloquently said of it : 
 
 "Call it by what holy name you will, saL-ctify it by what pretexts or purposes of 
 patriotism you may, under any flag, in any cause, anywhere and everywhere, it is 
 the foe of human rights, and by the very law of its being is incapable of good. 
 There is, there can he no life for liberty but in the supreme and absolute dominion 
 of law. This lesson is written in letters of blood and fire all over the history of 
 nations. It is the standing moral of the annals of republics since their records began. 
 It is legible upon the marbles of the elder world ; it echoes in the strife and revolu- 
 tions of the new. Wherever men have thought great thoughts and died brave 
 deaths for human progress, its^ everlasting truth has been proclaimed." 
 
 An encroachment upon the Constitution, striking arbitrarily at the 
 personal liberty of every citizen in the land, is but one of the paths 
 leading straight towards despotism. There are numerous others, but 
 they all run parallel to this. Let the nation, or the nation's represent- 
 atives, submit in silence and inditFerence to such a bold usurpation of 
 power as I conceive is contained in th^.s infamous bill, and from that 
 moment the manly courage which is the defence, and the sleepless 
 vigilance that is the price of liberty, is gone. Every one of these path- 
 ways lies open, inviting the tread of usurpation. Said the aged Selden 
 in reply to the ministers of Charles L : 
 
 " The personal liberty of the subject is the life and the heart's blood of the com- 
 monwealth, and if the commonwealth bleed in that master vein, all the halmof Gilead 
 is hut in vain to preserve this our body politic from ruin and destruction." 
 
 Said Algernon Sydney, England's noblest martyr : 
 
14 JA.MES W. WALL. 
 
 "He who oppuj;ns the liberty of the subject under the constitution of this realm, 
 and in violation of it, not only overthrows his own, but is guilty of the most brutish 
 of all follies." 
 
 These noble words -were Ikerally sprinkled, and so consecrated, 1)\" 
 that noble martyr's blood. It was for their utterance lie died, the 
 noblest, proudest name upon the martyr roll. He was alike inflexible 
 to king and protector — the champion of liberty against despotism — in 
 the study, at the bar, in the prison and upon the scatfold. To him the 
 world owes those great and eloquent discourses, the lirst complete defi- 
 nition and exegesis of the true nature and duties of government, full of 
 brave and noble sentiments, the well-stored armory from which the 
 fathers of our Republic drew the strongest and the sharpest shafts they 
 shot against the breast of despotism. 
 
 In view of the vast powers which the Congress of the United States 
 propose to give to the President under the provisions of this bill, T 
 would invite attention to the following sagacious words uttered by Lord 
 Temple in the British Parliament at the commencement of the last 
 century : 
 
 " Rashly and wilfully to exercise a power clearly against law and the constitution 
 is too great a boldness for this country at any time, and the suspending or dis- 
 pensing power, that edged tool which has cut so deep, is the last that any monarch 
 in his wits, in any emergency, would dare to handle in England. It is a rock that 
 English history has warned against with awful beacou-lights. Its e^sercisc lost one 
 prince his crown and head, and at last drove his family out of the realm. A minister 
 or representative who is not afraid of the exercise of such an iniquitous power, is 
 neither fit for sovereign or subject." 
 
 Strange and startling as the truth m.ay appear, Mr. President, this 
 suspending power of the absolute rights of the citizen which in peace 
 or war was considered too hazardous to use, either by king, minister, 
 or representative, has proved the easiest thing for republican America 
 in this high noon of the nineteenth century. Nay, sir, more startling 
 even than this, it has even been declared treason to question for one 
 moment tlie right to its exercise. That power the use of which cost 
 one prince his crown and head, and drove his family out of the realm, 
 has been sported with, and is to be again, by the President of the 
 United States, holding liis office u^der a limited Constitution, and 
 wliere the absolute rights of the citizen were supposed to have been 
 placed far beyond the reach of the tyrant grasp of arbitrary power. 
 Fortunately, for the time, an indignan^peoplc rose to vindicate their 
 outraged rights, and struck terror into the hearts of their rulers. Pass 
 this bill, and we shall have the same abnormal acts recommenced, and 
 one by one the landmarks of the Constitution will be obliterated, the 
 laws suspended, the personal liberty of the subject assailed, and provost- 
 
THE INDEMNIFICATION BILL. 15 
 
 inarslials and marshals like the cowled "familiars" of the Inquisition 
 dogging the footsteps of the citizen and tracking him to his doom. 
 
 The time was once, Mr. President, in this Republic, we might say 
 of Americans, as was said to King John by the Archbishop — 
 
 " Let every Briton, as ]iis mind be free, 
 His person safe, his property seeure, 
 His liouse as sacred as tiie fane of lieaven, ^ 
 
 Watching unseen his ever open door, 
 Watching the realm, the spirit of the laws; 
 His fate determined by the rules of right, 
 No hand invisible to write his doom, ^ 
 
 No demon starting at the midnight hour 
 To draw his curtain, or to drag him down 
 To mausious of despair." 
 * * * " Inviolable preserve 
 The sacred shield that covers all the land— 
 The heaven-confessed palladium of the isle — 
 To Britain's sons, the judgment of their peers, 
 On these great pillars ; freedom of the miud, 
 Freedom of speech, and freedom of the pen, 
 Forever changing, yet forever sure, 
 The base of Britain rests." 
 
 The time was, sir, when this noble eulogy, pronounced by Shakspearo 
 on the British constitution, might be more aptly applied to our own. 
 The great American charter of our freedom had more than conlirmcd 
 to us these laws of the Confessor, and our people had given them as free, 
 as full, and as sovereign a consent as was ever given by John to the 
 bishops and the barons of Runnymede. The mind of the citizen was 
 free, his person was safe, his property secure, his house his castle, the 
 spirit of the laws his body-guard and his house-guard. Would he 
 propagate truth ? Truth was free to combat error. Would he propa- 
 gate error? Error itself might stalk abroad aud do her mischief, and 
 make night itself grow darker, provided Truth was left free to follow, 
 however slowly, with her torches to light up the wreck. 
 
 But who is it that takQs a retrospective glance over the stirring, awful 
 history of the last two years, but feels how the fine gold has grown 
 dim beneath the tarnishing touch of the hand of despotic power? 
 Those great, absolute rights of the citizen, which were intended to be 
 beyond the reach of arbitrary influence, the right of personal liberty, 
 of property, of free speech and a free press, rudely and ruthlessly vio- 
 lated. Of these absolute rights, during what was not inaptly called the 
 reign of terror, there Was not one that was not trampled upon by the 
 Executive or his subo^-dinates ; and what was worse than all, every 
 assault that was made upon them was applauded to the echo by jurists, 
 lawyers, divines, and contract-hunting renegade Democrats, whose 
 
16 J^^IE3 W, WALL. 
 
 cowardly hearts eitht-r ran away wilh tbcir better jtulgmcnts, or who 
 really did not understand the very tirst principle of the Constitution 
 under which they lived. Men were arrested and papers seized with- 
 out warrant or oath of probable cause ; prisoners were held without 
 presentment or indictment, denied a speedy and public trial, nay, re- 
 fused a trial altogether, carried away by force from the State or district 
 where their otlVnce must have been committed, and incarcerated for 
 months in the bastiles of the Government, and then set free without 
 being even informed of the nature and cause of the accusation against 
 them. Every Constitutional outpost was driven in, and every personal 
 guarantee of the citizen brushed away by the Executive as easily as 
 cobwebs by the hands of a uiatit. And this by a Government profess- 
 ing it was fighting for the Union, the Constitution, and the enfuiceinent 
 of the laws ; for those, at the outset of this war, were the proud words 
 that glittered upon your advancing standards. Doctrines were preach- 
 ed in hifh places directly at war with all tiie fundamental principles of 
 free government. The central power, under the bald pretence of pre- 
 serving the Government, assumed a new and fearful energy, until men 
 went about with " bated breath and whispering humbleness," not know- 
 ino- where the next blow was to fall, or who was the next friend that 
 was to be stricken down at their sides. Of, these times I may ex- 
 claim, '■^quorum parsfui.''^ 
 
 It was my lot to have felt the grasp of arbitrary power, and within 
 the damp, grated casemates of one of the bastiles of the Government, 
 to have learned how helpless a thing is the citizen who is deprived of 
 those absolute rights, which, if they do not exist in your Constitution, 
 your Constitution is a miserable delusion and a snare. Having been 
 arrested without cause shown, I was libei-atcd in the same way, after 
 enduring personal indignities, which, to a high-spirited man, cat like 
 iron into the soul. And from the hour of my liberation up to this 
 moment, when I stand upon this floor, the representative of a sovereign 
 State, I have been unable to learn what those charges are. I have in 
 vain demanded of the proper Department whafc were the charges against 
 me, claiming the freeman's constitutional privilege " to be informed of 
 the nature and cause of the accusation, and to be confronted with the 
 witnesses against me." Great heavens ! Mr. Tresident, is it possible 
 that such things can be, under a Constitution whose boast it has been 
 that it was for the protection of the inalienable rights of men against 
 oppression ? If this boast has been in vain, then, sir, that Constitution 
 has but a name to live, an outer seeming to beguile and deceive, a Sodom 
 apple, a hectic flush — 
 
 " Painting the cheek upon which it preys." 
 
THE INDEMNIFICATION" BILL. 17 
 
 The liberty I claim, and those who act with me, under that Constitution, 
 Is not the liberty of licentiousness ; it is the liberty united with law ; 
 liberty sustained by law ; and that kind of liberty we have always sup- 
 posed was guaranteed to every man, rich or poor, high or low, proud or 
 humble, under all exigencies, whether in peace or war, and whether 
 that war is foreign, or the State is in the fearful throes of civil strife. 
 This is my loyalty and that of my political friends on this floor— the 
 allegiance, the devotion to organic laws. I know no other loyalty, and 
 I will not bow myself at the shrine of any other. In this Republic, its 
 Constitution declares : 
 
 "No citizen shall be deprived of his life, liberty, or property, without due pro- 
 cess of law." 
 
 lie may be made to part with all three by the power of the State ; 
 
 but that power must look well to it, sir, that in its exercise it does not 
 
 transcend the limits in which it is appointed it to move. If it does, it 
 
 becomes despotic ; and then, among men who know their rights, and 
 
 knowing, dare maintain, resistance follows as naturally as light succeeds 
 
 to darkness. If by a simple mandate, nay, by the lightning flash over 
 
 the telegraph wire, of any Cabinet officer, in States where the people 
 
 are loyal, and where the courts of law arq open, you or I may be torn 
 
 from our homes and consigned for an indefinite time to the gloomy 
 
 walls of a Government fortress, the same mandate or dispatch, only 
 
 altered in its phraseology, may consign us immediately to the hands of 
 
 the executioner, or deprive us of our properties, confiscating them to 
 
 the State. If not, why not ? The right to have our lives secure against 
 
 interference without due process of law is equally guaranteed in the same 
 
 clause which protects our liberty and our property. These privileges 
 
 can trace their lineage back to the grassy lawns of Runnymede, where 
 
 they were born, more than six hundred years ago. They were extorted 
 
 then and there by the rebellious barons, and uttered in glowing language 
 
 that has come down to us from the ages long ago, and is still sounding 
 
 in our ears as the sweetest note that ever came from the silver clarion 
 
 of freedom. Listen, Senators, to the music, strong and sweet as it 
 
 sounded in the solemn midnight centuries ago : 
 
 "No freeman shall be seized or imprisoned, or disseized, or outlawed, or in any 
 way destroyed \ nor will we go upon him or send upon him, except by the judgment 
 of his peers, or the law of the laud." 
 
 Our fathers caught the inspiring strain, and it was prolonged in that 
 sonorous sentence in our own once glorious Constitution : " No person 
 shall be deprived of life, liberty, or property, without due process of 
 law ;" " due process of law," the law which hears before it condemns, 
 and punishes only after conviction. 
 2 
 
18 JAMES W. WALL. 
 
 Mr. President, eveiy arrest made during the reign of terror by the 
 I>resident or his subordinates was in direct antagonism to this fmida 
 mental principle of our Constitution, violative of its solemn sanctions, 
 and, because abnormal, revolutionary ; for it encouraged, nay, sanctified 
 resistance. I remember well, sir, the excitement in Europe when the 
 Kino- of Naples, the infamous Bomba, seized a few young men of the 
 first\milies by military force, who were engaged in plotting against 
 Ills throne, and immured them in those horrid dungeons, blasted out of 
 a rock, in that State fortress which, like Fort Lafayette in the bay of 
 New York, is the only dark -and hateful thing upon the bright waters of 
 the beautiful bay of ' Naples. The military guard, without warning, 
 without accusation, just as was done with the members of the Maryland 
 Leo-i:^lature and the BaUimore prisoners, surrounded their houses at the 
 midnight hour, and they were torn suddenly from the luxurious com- 
 forts of their splendid homes, to be immured in those awful prison- 
 houses, wet with " the accursed dew of dimgeon damp," sunk far below 
 the surface of the waters of the Neapolitan bay. They were suspected 
 of treasonable practices. Their offence had that extent, no more. A 
 cry of horror went up from almost every nation in Europe, and from 
 the then imtrammelled press of the American Republic. England remon- 
 strated through the manly, eloquent appeal of her indignant Gladstone. 
 France raised her voice in denunciation of the outrage ; while republi- 
 can America shuddered as she thanked God " that no such outrage could 
 ever stain her national escutcheon." We professed to know then what 
 liberty was worth ; and as we sent cheering words to those brave spirits 
 engaged in the work of Italian liberation, we told those rebellious chU- 
 dren^of the sun, "it is worth all your struggles, every sacrifice, and 
 oceans of blood." The vengeance of an oppressed people soon rose to 
 vindicate the race and punish the oppressor. In vain were her dungeons 
 filled and her hearthstones desolate. The bright dream of " Itaha 
 Libera" remained, the scattered manna upon which the concealed en- 
 thusiasm of a whole nation fed itself, and to-day Naples is redeemed, 
 disenthralled. The Bourbon family is in exile, and the people's king 
 rules over the warm hearts that welcomed him to the throne. Ven- 
 geance is certain, sooner or later, to overtake the oppressor ; and the 
 Nemesis of retribution, with the tiaming sword, follows swiftly after the 
 
 tyrant. 
 
 But the objection of the danger to the public liberty and safety is not 
 the only objection to this bill. It is by its own title an iivlemnity bill, 
 and proposes to shelter behind the protecting regis of its strange legis- 
 lation the unlawful acts of the President and his subordinates. In other 
 words it proposes to Ic-alizc an illegality. It is the legislative powe' 
 
THE IXDEMNin CATION BILL. 19 
 
 sheltering the executive bi-auch of the Government from the conse- 
 quences of its abnormal, unconstitutional acts. You mio-ht as well 
 attempt by legislation to screen the judiciary from the consequences 
 of inalfeasance in office. If one department can thus protect the other, 
 I a.sk, what becomes of official responsibility and the oblio-ations of 
 official oaths ? 
 
 I hold, sir, that the remedy is provided by the Constitution, article 
 second, section four, in case the President is guilty of any official mis- 
 conduct. By that article he is made liable to impeachment for treason, 
 bribery, and other high crimes and misdemeanors. The President mav 
 violate his official duty in three ways: 1. By refusing to execute the 
 laws and treaties of the United States. 2. By usurping a. power not 
 confided to him by the Constitution, although in some cases this may 
 amount to treason. 3. By an arbitrary and corrupt use of an authority 
 lawful in itself, but which was intended to be exercised with a single 
 view to the public good, to answer the piirposcs of a selfish intrigue. In 
 England the king is not constitutionally answerable for any of his official 
 conduct ; but it is presumed that he always acts by the advice of his 
 ministers, and they are held personally responsibfc for all political 
 measures adopted during their administration. Some of them have 
 suffered capitally for such alleged misconduct. It is on this account, in 
 part, that ministers send in their resignation as soon as they find that 
 the majority of Parliament is against them. But hl>re it is diff"erent. 
 The President is answerable for his own official conduct, and is liable to 
 impeachment for any default in the discharge of his sworn duty. To 
 say that any co-ordinate branch of this Government could shield him 
 from the consequences of such acts would be an absurdity, and tend 
 to annihilate the whole system upon which this Government was 
 founded. 
 
 Again, this bill, if I understand it, not only proposes to shelter the 
 President from the consequences of illegal acts— for the provisions of 
 the bill really amount to this, if fully carried out— but to protect and 
 shelter those of his subordinates whom he may have commanded to 
 perform unconstitutional or illegal acts. Now, Mr. President, if there 
 is one fundamental principle of law better established than any other, it 
 is this : that, within the limits of their respective powers, all officers, 
 from the President of the United States downwards, ought to be sub- 
 mitted to and obeyed ; bict if theij should overstep the limits of their 
 oficiul authority/, if they should usurp powers not delegated to them by 
 the Constitution, or by some law made in pursuance of it, they would 
 cease to be under the protection of their offices, and would be recog- 
 nized merely as private citizens for any act of injustice or oppression 
 
20 JASIES W. WALL. 
 
 they miirht commit, and liable to a civil or criminal prosecution in the 
 same manner as a private citizen, with tins distinction : that if the 
 wrong-doer has availed himself of his official character, or of the oppor- 
 tunities which liis office affords him, to commit acts of injustice or 
 oppression, it will be considered as a great aggravation of Ids guilt in a 
 criminal prosecution, and will be a ground for a juiy to find exemplary- 
 damages in a civil action. This is the principle that runs through all 
 the cases ; and all the indemnity bills that Congress might pass from 
 now to the crack of doom would not disturb the force and efficacy of 
 that principle, in the mind of a high-minded, intelligent jurist, who had 
 a professional reputation to guard, however it might affect those imita- 
 tors of the Crawleys and Vernons of the first Charles's day, who have 
 crawled to judicial positions by base servility and disgusting obsequi- 
 ousness, and who might be willing to exclaim, as they did in the ship- 
 money case — 
 
 " That the King, ^ro bono publico, may charge his subjects, both in their proper- 
 ties and persons for the safety and defence of the kingdom, notwithstanding any 
 ect of Parhament, and may even dispense with law in case of necessity." 
 
 The attempt of the President to shelter his subordinates from respon- 
 sibility upon the sic volo, sic jubeo principle, is only another ■ phase of 
 the delusion under which men's minds have been laboring. He certainly 
 ought to be lawyer enough to know that the Supreme Court has decided 
 in 2 Cranch, 119 — 
 
 " That if the President should mistake the construction of an act of Congress or 
 of the Constitution, and, in consequence of it, should give instructions not warranbed 
 by the act or the Constitution, any aggrieved party might recover damages against 
 the officer acting under such instructions, xohich, though given by the President, would 
 furnish no justification or excuse." 
 
 I admit that in general, whep a particular duty devolves upon the 
 President, but the means to be used in discharge of it are not pointed 
 out, he may adopt those which are most proper for that purpose, pro- 
 vided they are not repugnant to the Constitution or prohibited by acts 
 of Congress. Thus, in time of war, lie has the right to use all the cus- 
 tomary means to carry it into effect, but he cannot override the Consti- 
 tution in doing it. It would not, perhaps, be a sufficient foundation for 
 an impeachment if the President should make use of the discretion in- 
 trusted to him by the Constitution or laws of the United States impru- 
 dently and injudiciously; for, in any such case, the people must be 
 content with the honest exercise of such ability as they see fit to elevate 
 to this high office. But they have a right to expect, nay, demand, in- 
 tegrity and fair purposes and intentions, and that the civil rights guar- 
 anteed to them by their fathers shall be scrupulously preserved. Many 
 
THE INDEMNIFICATION BILL. 21 
 
 very honest citizens think that in a time of war or rebellion the Presi- 
 dent becomes, by some political legerdemain, invested with all the 
 functions of a dictator, and holds the lives, liberties, and properties of 
 the citizen in his all-powerful grasp. Within the sphere of his consti- 
 tutional duties the President may justly claim the support of all good 
 citizens ; but when he transcends the powers conferred on him by the 
 Constitution, to strike down the liberties of the subject, he must ex- 
 pect, nay, he invites opposition. Some Senators, on the other side of 
 this Chamber, seem to think that the test of loyalty is to be found in a 
 blind adhesion to the President and his administration ; but I would 
 say to them that my loyalty is akin to that so well described in those 
 lines of Cowper : 
 
 " "We too are friends to loyalty : we love 
 The king who loves the law, respects its bounds, 
 And reigns content within them." 
 
 As to the responsibility of high officials, there are very many in the 
 community who labor under the erroneous idea that the office protects 
 the transgressor. The legal authorities arc all the other way. Both 
 the authorities in this country and England point but one way upon 
 this subject. In England the responsibility of an official who usurps 
 power has never been questioned, and the loftiest officials have been 
 held to a just retribution for their wrongs, and governors admitted to be 
 viceroys in effect have been made to answer for their assumptions of 
 power, not only in their estates, but with theu- lives. What said Chief- 
 Justice Pratt, afterwards Lord Camden, in overruling a motion for a new 
 trial made by the defendant in an action of trespass for arresting the 
 plaintiff on a warrant from Lord Halifax, the Secretary of State? 
 
 " If the jury had been confined by their oath to consider the mere personal injury 
 only, perhaps twenty pounds damages would have been sufficient ; but the small 
 injury done the plaintiff and the lowness of his station did not appear to the jury 
 in that striking light in which the great point of law touching the hbcrty of the 
 subject appeared to them on the trial ; they saw a magistrate over all the king's 
 subjects exercising arbitrary power, violating 3fagna Charta, and attempting to de- 
 stroy the liberty of the kingdom by insisting upon the legality of general warrants 
 in a tyrannical and severe manner. These are the ideas which struck the jury and 
 induced them to give these heavy damages. I think they have done right. To 
 enter a man's house and drag him from thence by means of an unconstitutional 
 warrant is worse than the Spanish Inquisition— a law under which no Englishman 
 would wish to live an hour. It was a most daring public attack made upon the 
 liberty of the subject." 
 
 Pass this bill, Mr. President, and you not only confer upon the Presi- 
 dent an authority which I conceive you have no power to confer, but 
 
2,2 ja:mes w. wall. 
 
 you also, by your legislation, give to him and his subordinates assurance 
 that they may do the like again, and escape the punishment that should 
 always be meted out to violations of constitntii^nal law. It does really 
 seem to me, sir, when I listen to Senators on the otlicr side defendiu"- 
 acts which they admit to be abnormal, and insisting that the public 
 necessities demand the sacrifice, as if those gentlemen were tryino- to 
 persuade us that the best way to preserve our liberties would be to give 
 them up, and that the surest mode of securing a government of law 
 would be to suftor arbitrary power to destroy it. " The dearest interests 
 of this country," said Junius — and I adopt his nervous language — "are 
 its laws and its constitution. Against every attack upon these, there 
 will, I hope, be always found among us the firmest spirit of resistance, 
 superior to the united efforts of faction and ambition." 
 
 Mr. President, this bill, in leaving it discretionary with the President, 
 at any time and place and at his own option, to sus}x;nd the privilege of 
 this great writ, in fact gives countenance and support to that political 
 heresy that the right to suspend the writ exists in the President of the 
 United States, and not in Congress. This bill does not suspend the 
 privilege of the writ ; it leaves it for the President to do, whenever he 
 thinks the public exigency demands it. It certainly could never have 
 been the intention of the framers of the Constitution to authorize the 
 Executive to suspend the privileges of the writ at his option. If this 
 was a novel question that had never been mooted before, one might 
 well understand how there might possibly be some variance in men's 
 opinions. But when it is considered that in 1807 it had a most 
 thorough and exhausting discussion in Congress; that it had been 
 before the judicial tribunals of the country, and frequently the subject 
 of discussion by commentators upon the Constitution and by statesmen ; 
 that up to the year 1861 there was an entire unanimity of opinion as to 
 where the power to suspend the privileges of this writ rested, namely, in 
 the legislative department of the Government, we can only be astonished 
 that there should be any difference of opinion about it. But now we 
 are told that the peculiar legal optics of modern statesmen and lawyers 
 have been enabled to discover that which the keen, searching, patriotic 
 vision of the men who framed the Constitution foiled to see. That 
 which the luminous perception of Marshall, Kent, Story, and Curtis 
 could not discover, has been reserved for the keener optics of Bates and 
 Lincoln. 
 
 It appears to me, Mr. President, that the true spii'it of the habeas corpus 
 clause in the Constitution is as clear as sunlight to any man who will 
 study the debates both at the time of the formation of the Constitution 
 and when it was submitted to the States for their adoption. There 
 
THE I^fDEMKIFlCATIOX BILL. 23 
 
 were members in the Convention who were in favor of uiakino- the en- 
 joyment of the priviloo-e of the writ absolute at all times, in "the same 
 manner that it was intended the liberty of the press, of speech, and 
 of re!i^-ion should be enjoyed. There were others again who fa\-ored 
 limitations of time and suspension on certain conditions. The clause 
 itselt; therefore, appears to me to have been a mean between extremes 
 of opinion, and was intended to reconcile conflicting view^. There is 
 very little light thrown upon the subject by the discussion in the Con- 
 vention j but the peculiar position occupied by the clause in the Consti- 
 tution is signiiicant, and if not conclusive, is certainly suggestive of 
 the partiQular department upon which it was intended to confer this 
 power. But if from the proceedings of the Convention and the debates 
 in tbat body nothing satisfactory can be gleaned upon the subject, much 
 may be learned from the after debates in the State conventions. We 
 shall give but one reference upon this subject, although we might quote 
 many others. Governor Randolph, of Virginia, who bad much to do 
 with the fashioning of our Constitution, in a speecb in reply to Patrick 
 Henry in the Virginia Convention, who had assailed the Constitution be- 
 cause it conferred the power to suspend the privilege of the writ of 
 haheas corjnis upon the Legislature, said : 
 
 "I contend, Mr. President that the habeas cwpws inthis Constitution is at least 
 on as good an<l secure a footing as in England. In that country Its suspension 
 depends upon the Legislature and not upon the Crown. That great writ of right 
 can only be suspended here in the same way, by the Legislature in cases of ex- 
 treme peril, never by the Executive." 
 
 Our fethers very justly conceived tbat in dangerous critical times like 
 the present, the people would be willing to part with a portion of their 
 freedom temporarily ; but the warning voice of history had clearly indi- 
 cated to them that such loss to be endurable must rest in the discretion 
 ot their representatives, and not in the breast of one man. They had 
 .studied the causes of revolutionary action too closely not to know that 
 this one-man power could not be tolerated for a moment except by those 
 who, to use the language of Thomas JetTerson, were born with saddle^ 
 on flieir backs and bits in their mouths, that tyrants might ride and si^ur 
 them by the grace of God. 
 
 The men of our early day, Mr. President, had a perfect horror of con- 
 ferring arbitrary power upon a single individual. For them, arbitrary 
 power in whatever shape it appeared, whether under the veil of lecviti- 
 inacy, skulking in the disguise of State necessity, or presenting "the 
 s.iameless fro;it of usurpation, was the sure object of their destestation 
 and hostility. They might give this tremendous power to suspend the 
 privileges of this writ to the law-making authoritv, because the act of 
 
24 JAMES W. WALL. 
 
 suspension was a legislative act, and because in this way due notice 
 would be iciven to the citizen when the exigency arrived; but to leave 
 it optional in the discretion of one man, however exalted or honest he 
 miolit be, to strike down the liberty of the citizen without warning, as 
 has been done, this these haters of tyranny would never have consented 
 to. They bdievcd, in the language of Burke, in his speech on the im- 
 pcachiTicnt of ILustings : 
 
 " It is a contradiction in terms, it is blasphemy in religion, it is wickedness in 
 politics to say that any one man in a free State should possess arbitrary power 
 over the liberty of the citizen, either in peace or war." 
 
 It was unquestionably the grand aim of the framcrs of the Constitu- 
 tion of the United States to establish a Govornnient which would not 
 only be nominally free, but substantially so. It was with this view they 
 reared those barriers to political maladministration which had been un- 
 folded to their observation, and were the gathered wisdom of a thousand 
 years. They knew that the safety of the people was the snj)reme law, 
 but they believed in the Constitution. They believed that above that 
 Constitution there was no law ; outside of it there was no security. 
 
 The Senator from New Jersey who preceded me on this floor, in an 
 elaborate speech that he delivered while here, stated that the language 
 of the habeas corjms clause in our Constitution was new and peculiar ; 
 and that in discussing where this power of suspension resided, we must 
 set aside the analogies of English history altogether. What he meant 
 to convoy by this idea I am at a loss to know. He must have been 
 strangely oblivious to English precedents, where the use of this clause 
 may be found almost in the very words used by Mr. Pinckney himself, 
 who doubtless borrowed them from thence, lie is no less unfortunate 
 when he attempts to show that the analogies of English history must be 
 excluded, and have no bearing upon the point in issue. Any school-boy, 
 with but a smattering of English history, could have told him better. 
 All his ingenuity will fail to convince the people of New Jersey that 
 their fathers had no reference to and no thought of those eventful cen- 
 turies of strife between the king and the people, amid whose fierce throes 
 this gi-eat privilege was born. AVliy, there never was a time in English 
 constitutional history when the power of suspending this writ did not 
 exist somewhere. There can be no manner of doubt on that point. The 
 controversy always was, where does it reside, in the Parliament or in the 
 Crown? The formal contest for this discretion to imprison and detain 
 without trial marked the change in the English Government from mon- 
 : archy to aristocracy, and thence to democracy, a.s this power over the Icr. 
 ferrce has resided in one or other of these departments of the Govern- 
 ment from the Conquest to this time. The personal liberty of the sub- 
 
THE IKDEIINIFICATION- BILL. 25 
 
 ject was a natural inherent right, ^vhich could not be surrendered or 
 torteited utiless by the connni.siou of some great and startlin^r oHnic. 
 Ihis was a doctrine coeval with the tirst rudiments of the En.-irsh con- 
 stitution, tmd handed down from Anglo-Saxon ancestry, notwithstand- 
 ing their Danish struggles; asserted afterwards and confirmed by the 
 Conqueror himself; and though sometimes much impaired bv the 
 ferocity of the times and the occasional despotism of jealous, ex^etin- 
 Finces, yet established on the firmesfbasis by the propulsions of 3fap^l 
 Uuirta and a long succession of statutes on through the grand stru-o-Je 
 over the Petition of Right, until it culminated in the groat habeas corpus 
 act of Charles 11., justly styled a second Ma^na Charta. 
 
 It would require something more than Senator YioVV^ dictum to make 
 good such a false and forced position as this. The history of Enoland 
 for centuries IS against him; the sentiments of all her Idstorians are 
 antagonistic to his position ; and lastly, the declarations of the men 
 ^^•ho assisted in framing our Constitution stand in his way. Durincr the 
 struggle between the monarch and the Commons, in 1628, in reference 
 to a royal grant of a declaration of rights, Charles I. took the very <.round 
 sustamed by Mr. Field and the Senators on the other side of the Cham- 
 ber : 
 
 ■ Jl^V^^'^ °''^^* ^^ *^"'' °^ ''^""'"°' ^'^^^ °^ 'I'-^^g^'-to the State, when the 
 ^11 , ^'' commonwealth and the necessities of the hour might d;mand the 
 un estnc ed exercise of the royal prerogative, and, for the time being, the liberty 
 of the subject must give way." ^iueny 
 
 This, too, was the obsequious language of tlie House of Lords who 
 at that time, stood by the king against the freedom-lovin^T Hou'se of 
 Commons. Let us glance for a moment at the history of tliose times- 
 carry our minds back to the age of those stern, unyieldino- men who, in 
 spite of the terrors of the royal frown, then and there established a bar- 
 rier against the encroachment of the king's prerogative. Let us listen 
 to their veiy words, to learn if we cannot catch, from those who resisted 
 usurpation then, some traces of that spirit which, more than a century 
 after, on this side of the Atlantic, manifested itself in the bearincr and 
 actions of the men of 1787. Let us see, sir, whether, as Mr. Field\iys 
 the analogies of English history can be set aside in considerin<r that 
 clause in our Constitution forming, if rightly respected, the great bul- 
 Avark of the freedom of the citizen. Said Sergeant Ashley, in that mem- 
 orable debate constituting a landmark in history : 
 
 "Divine truth informs us that kings have their power from God and are 
 representative gods; the Psalmist calhng them the children of the Most High 
 Can we conceive, then that so exalted a person as the king hath so far committed 
 the power of the sword to inferior magistrates, that he hath not reserved so much 
 
26 JAMES W. WALL. 
 
 •supreme power as to commit an offender to prison witliout showing cause, and ^vlcL 
 out warrant? I contend, therefore, that for offences against the State, in times of 
 rebelhon or in critical emergencies, the king or his council hath lawful power to 
 punish by imprisonment without showing cause. The martial law, though not to 
 be exercised in times of peace, when recourse may be had to the kmg's courts yet 
 in times of invasion or other times of hostility, when an army royal is in the field, 
 and offences are committed requiring speedy resohition, and cannot expect the 
 solemnities of legal trial, then such imprisonment, execution, or other justice done 
 by the law-martial is warranted by thj3 king." 
 
 The language used by Mr. Field, tlie Attorney-General of the United 
 States, and others, is hut the echo of the degrading serviUty and base- 
 ness of this celebrated advocate of the divine right of kings.^ We do 
 not know whether a grateful master ever conferred upon him a judgesliip 
 for his services ; but^we have no doubt he obtained a substantial reward. 
 
 But even such crouching at the king's footstool by the obscqnious, 
 politic Sergeant, was more" than even the Lord President of the com- 
 mittee of the House of Lords could stomach, for he told the Commons : 
 
 ^' That while at this free conference liberty was givT3n by the Lords to the king's 
 counsel to speak what he thought fit for his Majesty's service, yef Ih: Sergeant 
 Ashley had no authority from them to speak such servUe words as he had done.' 
 
 And how did the manly, noble spirits, who at that early day had the 
 courage to resist the claim of king and counsel to arrest and imprison 
 the subject without cause or accusation, answer ? 
 
 Said Sir Edward Coke, with his usual f|uaintncss and directness : 
 
 " \s the centre of the greatest circle is but a little speck, so the weightiest 
 matter ever lies in a Uttle room. It was a wonder for him to hear that the liberty 
 of the subject could be thought incompatible with the regality of the king. In 
 f ne point the king's attorney had come close to him. He was glad he had awaked 
 him Because a king is trusted with greater things, such as war, money, pardons, 
 Ac therefore, he should at sometimes have absolute power over the liberty of the 
 subject. Wo emphatically deny his conclusion ; for the liberty of the Subject is 
 fir more than all these; it isi maximum omnium humanorum &onoraw— the very 
 soverei-n of all human blessings. No citizen can thus hold his liberties as tenant 
 at will to tlio sovereign. Mr. Speaker, there is no such tenure to be found m aQ 
 Littleton." 
 
 " What !"' said the king's counsel, " can you arrest none without pro- 
 cess or original writ? The suspected fellows may run away." To 
 whom Coke answered : 
 
 ''The law gives process and indictment, and therefore gives all the means that 
 any emergency can demand." 
 
 Said William Mason : 
 
THE INDEMNIFICATIOK BILL. 27 
 
 " It hath been solemnly and clearly resolved by the House, that the coniDiiiiacnt 
 of a freeman, without expressing the cause of commitment, is against the law. If 
 you give this i^ower by reason of the necessities of the State, you will spring a 
 leak which may sink all our liberties, and open a gap through which Magna 
 Charf.a, and the rest of the statutes, may issue out and vanish. AYe must never 
 relinquish to the Crown this right to interfere with our liberties." 
 
 In a subsequent debate upon the same subject, Sir Edward Coke 
 said : 
 
 " I know that prerogative is part of the law, but sovereign power is no par- 
 liamentary word. Take we heed what we yield unto. Maijaa Cliaria is such a 
 fellow that he will have no sovereign." 
 
 These were the sentiments of the men who wrested the Petition of 
 Eight from the first Charles, and compelled him to say, let i-ight be 
 done, as is desired. The object of these bold men was the preservation 
 of pers-onal liberty, in conformity to the express language of Ma/jna 
 Charta — 
 
 "That no freeman shall be taken or imprisoned but by the lawful judgment of 
 his equals, or the law of the land." 
 
 . Now, sir, the pri\-i]cge of the writ of habeas corpus at that time 
 existed at common law. It was the remedy for such as were unjustly 
 imprisoned to obtain their liberties. Manj^ abuses, however, having 
 been introduced in the mode of granting it, other statutes were passed. 
 Early in the reign of the first Charles, the courts, relying on some pre- 
 tended precedents, determined that they could not, upon the habeas 
 corjjus, cither bail or deliver a prisoner, though committed without anv 
 cause assigned, in case he Was committed by the special command of 
 the king or by the lords of the privy council. This, sir, drew on the 
 parliamentary inquiry, which I'esulted in the Petition of Right, to whicli 
 I'cference has just been made. The statute, passed in conformity witli 
 that petition, enacts " that no freeman shall hereafter be so imprisoned 
 or detained." But in the following year, Selden and others were com- 
 mitted by order of the lords in council, pursuant to his Majesty's com- 
 mand, under a general charge of notable contempts and stirring up 
 seditions against the king and the government. This gave rise to great 
 excitement in the public mind, and to another statute in the sixteenth 
 year of the same king. But the habeas corpus act of the next reign, 
 originating in the oppression of an obscure individual, was considered 
 as another Magna Charta by Englishmen. Thus, sir, you Avill note this 
 significant fact, that flagrant abuse of power by the Crown, or its min- 
 isters, was always productive of a popular struggle, a struggle that pro- 
 
28 JAMES W. WALL. 
 
 claims eitlicr that the exercise of such power was contrary to law, or, if 
 legal, restrains it for the future. In speaking of the great habeas corpus 
 act passed in the reign of Charles II., Sir William Blackstoue, writing 
 several years before our Constitution was formed, and whose invaluable 
 work had been studied thoroughly by the men who framed that Con- 
 stitution, says : 
 
 " This writ is of great importance to the public ; for if it were once left to the 
 power of any, even the highest magistrate, to imprison arbitrarily whenever he or 
 his officers thought proper, then tliere would soon be an end of all other rights 
 and immunities. Some have thought that unjust attacks, even upon life or prop- 
 erty, at the arbitrary will of the magistrate, are less dangerous to the common- 
 wealth than such as are made upon the liberty of the subject. To bereave a man 
 of life by violence, to confiscate his estate without accusation or trial, would be 
 so gross and notorious an act of despotism as would at once convey the alarm of 
 tyranny throughout the kingdom; but confinement of the person, by secretly 
 hurrying him to jail, where his suflerings are unknown and forgotten, is a less 
 public, a less striking, and therefore a more dangerous engine of arbitrary power • 
 and yet, when the State is in imminent danger, even this is sometimes a necessary 
 measure; but the happiness of our constitution is that it is not left to the execu- 
 tive power when the danger of the State is so great as to render this measure ex- 
 pedient, for it is the Parhament only can authorize, ivhen it sees proper, the Crown, 
 by suspending the habeas corpus for a short and limited time, to imprison suspected 
 persons without giving any reasons therefor." 
 
 And yet, with this array of historical facts staring him in the face, 
 with all these English analogies encouraging them to imitate, if not im- 
 prove upon, the noble lessons they should have taught them, the late Sen- 
 ator from New Jersey, and other apologists for executive usurpation, 
 endeavor to convince their readers and hearers that these proud incidents 
 in history had nothing to do with originating this habeas corpus clause 
 in our Constitution. 
 
 No, no, Mr. President, the men of our Constitutional Convention 
 were familiar with the liistory of the civil polity of the world. But 
 more thoroughly had they studied the contest, that had been going on 
 for centuries in the mother country, between the Crown and the people. 
 Our fathers had been protestants against prerogative and its usurpations. 
 They had felt the weight of its iron hand rest heavy on their loins, and 
 they determined to throw it off. They knew bow the flood of usurpa- 
 tion had attempted to overwhelm their fothers, and they placed this 
 habeas corpus clause in the Constitution of the new government they 
 were framing, that it might stand there for all time, as the great break- 
 water against the efforts of arbitrary power. 
 
 In the argument of my predecessor, Mr. President, I find he asserts 
 " that when the habeas corpus clause was inserted in the Constitution 
 
THE INDEMNIFICATION BILL. 29 
 
 tlie United States liad no \Yrit of habeas cor2ni.%''^ lie lays down this 
 self-evident proposition as though it was some startling truth. It is 
 true that at this time the United kStates had no writ of habeas corpus, 
 because there was no such government as the United States. But 
 if by this he meant to convey the idea that the colonial governments 
 did not recognize the existence of the writ, or that the States did not, I 
 take issue with him. The old Constitution of his own State, adopted 
 two days before the Declaration of Independence, and a dozen years 
 before the Constitution, contains this clause : 
 
 " The common law of England, as well as so much of the statute laws as have 
 been heretofore practised in tliis colony, shall remain in force until they shall be 
 altered by a future law of the Legislature." 
 
 And most of the State Constitutions adopted after the Declaration 
 contain similar clauses. 
 
 But Mr. Field caps the climax of folly and presumption, when he de- 
 clares that all experience teaches that the only safe depositary of this 
 power to suspend the privilege of the great writ is the Executive, which 
 the Constitution has made for us, standing upon the only basis of the 
 Constitution, with no other support than the integrity and patriotism of 
 the man who has been elected to it by the people. Heaven preserve us 
 if this be so ! We have seen judges torn from the very seat of judg- 
 ment by this Executive. We have seen the absolute rights of the citi- 
 zen made a delusion and a mockery of, and the whole land startled by 
 usurpation after usurpation, directed, controlled, and justified by this 
 very Executive. 
 
 The late Senator from New Jersey appears, in his very elaborate 
 speech, to have a very strange mode of deriving the power in the Presi- 
 dent to suspend this writ, from the peculiar phraseology of the two 
 sentences : 
 
 " All executive power shall be vested in the President of the United States ; 
 and all legislative power herein granted shall be vested in a Congress of the United 
 
 States." 
 
 To the first clause he gives a general construction ; to the last a spe- 
 cial and limited, insisting, that while Congress is confined, by the terms 
 of the grant, specially to the exercise of only such powers as arc enu- 
 merated, the executive power is beyond and above the Constitution ; or, 
 in other words, the President, neither in peace or war, has any limits 
 set to his authority. His will must be the law, and his sworn duty is 
 to define what is necessary and proper, while the duty of the people, 
 over whom he sways the sceptre, is to obey. This is certainly the fair 
 
30 JA3IES W. WALL. 
 
 interpretation to be given to the conclusions of Mr. Field's singular 
 logic : 
 
 " If you give tlie powers to Congress, they sliould be special]}'- named in the 
 grant; but not so with the Executive, inasmvdi as the power, frora its very nature, 
 w aa executive power." 
 
 In other words, in plainer Englisli, the people's representatives, in tlio 
 exercise of their powers, are conlined strictly to the words of the grant ; 
 Avhei'cas the Executive takes any and all power by implication. Well, 
 surely, this is a novel mode of interpretation, and an interpretation which 
 I hardly think the good people of New Jersey would be willing to adopt. 
 It- is in accordance, however, with the base servility of the times, and most 
 certainly entitles its author to a place on the United States bench, where he 
 can elaborate more fully this peculiar dogma, and, if necessary, aid the 
 embodiment of tlie war power, at the other end of the avenue, in carrying 
 out and consummating his peculiar edicts. We had ahvaj^s supposed 
 that " the short term for wliich the President was elected, and the nar- 
 row limits to which his power was confined, manifested the jealousy and 
 apprehension of future danger which the framers of the Constitution 
 felt in relation to that department of the Government." At least so 
 ©nee said Chief-Justice Marshall. But a greater than Marshall is here, 
 in the person and theories of the. late Senator from New Jersey. lie 
 has seen a marvellous light, which certainly was not vouchsafed to the 
 eyes of the men who laid the foundations of this G-ovcrnmcnt, and who 
 certainly, if we are not presuming, understood the true theory and sys- 
 tem of our Government much better than Mr. Field. 
 
 Mr. Field appears really to me, throughout the whole course of his 
 speech, and his singular positions, to have presented us with a very 
 good imitation of the Quack in Moliei'c's play of " The Sick Man in 
 Spite of Himself." Geronte, in that play, in amazement, says to the 
 Quack : 
 
 " M\' dear doctor, yoxi reason well, but there is one thing that staggers me in 
 your lucid explanations. I always thought, till now, that the heart was on the 
 left side and the liver on the right. 
 
 " Quack. Ay, sir, so they were formerly, but we have changed all that. The col- 
 lege proceeds on an entirely new method. 
 
 " Geronte. I ask pardon, sir. 
 
 " Quack. Not at all. Oh, there is no harm done. You are not obliged to know 
 as much as we do." 
 
 It ir.ay be that this is the case with the unenlightened people of 
 New Jersey. They are not, by any means, obliged to know as much as 
 Mr. Field; and I fervently trust that they never may, and v.-ill never 
 
THE INDEMNIFICATION BILL. 31 
 
 consent to indorse and subscribe to any of tlie teacliings of that scliool. 
 If they do, tlieir liberties are gone. 
 
 I turn from such an atrocious sentiment to the sentiments of Daniel 
 Webster, who understood so fully where existed the limits within which 
 executive power could move, and upon whose well-defined lines were 
 written the v/arning words — thus far shalt thou go, and no further. In 
 his speech on Jackson's protest, he said : 
 
 " Who is he that belies the blood and libels the fame of his ancestry, by de- 
 claring that the security for freedom rests in executive authority ; who is he that 
 invokes the executive power to come to the protection of liberty ; who is he that 
 charges them with the insanity and recklessness of putting the lamb beneath the 
 lion's paw? No, sir; no, sir. Our security, both in war and in peace, is in our 
 watchfulness of executive power. Sir, I will never trust* executive power to 
 keep the vigils of liberty." 
 
 These are right royal words, and I would have them written tipon 
 the walls of all the private and public seminaries of the land, that our 
 youths might be taught early to fear the advance of arbitrary power. 1 
 would have them written above the altars of the churches, that the 
 priests and their congregations might learn what lawful authority means, 
 of which they prate so much and know so little.- I would have them 
 engraved upon the door-posts of these Houses of Congress, that the rep- 
 resentatives of the States and the people might be taught in what .way 
 the rights and liberties of this people are to be guarded from encroach- 
 ment. Mr. President, when we contrast the argus-like vigilance of such 
 men as Henry, Martin, Barbour, of the Revolutionary era, and contrast 
 their indignant protests against executive encroachment, and their 
 jealousy of executive power, with the thoughtless inditFerence and 
 Wretched subserviency of men who profess to be statesmen and 
 patriots, we may well stand aghast at the fearful degeneracy of the 
 times. 
 
 Can it be possible that these disinterested patriots of that early day 
 were mistaken, and the i:aen of our day, whose chief patriotism seems to 
 consist in supporting themselves out of the cotfcrs of a straitened Trea- 
 sury, could thus. strangely discover the true theory of this Government? 
 Our inodern political philosophers would inculcate that when the Gov- 
 ernment is in a hand to hand conflict with revolted States, we must put 
 all confidence in the executive head of this nation ; nay, that we must 
 permit him to execute power, even if it savors of despotism, on the 
 Jesuitical principle that the end justifies the means. Now, on the con- 
 trary, ]\Ir. President, I hold that it is at just sucti times as these when 
 the mind of the true patriot should be most distrustful, when his eye 
 should bo the most watchful, and when, with the armed force surroundmg 
 
32 JAMES W. WALL. 
 
 the Executive, he should be the more suspicious of the authority that 
 controls it. But when, instead of confining the exercise of power within 
 the well-defined lines of the Constitution, he finds it breaking down all 
 the guards and fences that surround him, and invading those sacred pre- 
 cincts where the liberty of person, of speech, and of thought were sup- 
 posed to be guarded with more than argus-like vigilance, the true patriot 
 should arraign such despotic attempt, although all the terrors of impris- 
 onment, nay, of death itself, should surround him. 
 
 It is a libel upon the spirit of our forefathers, it is a libel upon the 
 men who framed our Constitution, to suppose that any such authority 
 can exist in the Federal head of this Government. In the midst of the 
 gloom of the present, with the eye of faith methinks I can see around 
 us and above us some faint harbingers of hope for the future. As Co- 
 lumbus sailed toward that new world he gave to Castile and to Leon, 
 while mutiny was in the vessel, and around the dreary waste of waters 
 murmuring only despair, we are told that flowers and carved woods 
 came floating around him, while resting on his mastheads were birds of 
 the most gorgeous plumage. So to us, sir, in the midst of the gloom of 
 the present, come here and there these harbingers of the firmer land to 
 which we are sailing. God hasten our coming, that we may once more 
 plant our feet upon its firm foundations, the land of constitutional free- 
 dom, the hope of the world. 
 
 PEACE OR SEPARATION. 
 Meeting of the Democratic Club, Philadelphia, May 9</t, 1863. 32 
 
 Mr. President and Gentlemen of the Democratic Club: 
 
 These are no holiday times. The pursuit of politics by the great 
 mass has heretofore been a sort of pastime — an amusement for a leisure 
 hour — while the few followed it for mercenary ends and base purposes. 
 We have been sailing on summer seas and beneath placid skies so long, 
 that, lulled into inditference by the serenity of the hour, the apparent 
 absence of all danger, we were content to let inferior men and minds 
 control the guidance of the vessel. Now, alas ! in the wild sweep of a 
 tempest, such as no ship of State ever encountered before, that strains 
 cvcrv timber and bends every mast, wc feel in such a hurricane how 
 mad we have been in intrusting the fate of our vessel, at any time, to 
 such incompetent, reckless seamanship, and the swayings of its helm to 
 the feeble, trembling grasp of such a pilot. 
 
 It \& fearful to gravely think upon the really awful condition of our 
 
PEACE OE SEPAEATION. 33 
 
 affairs. No man can tell how long it may be before the North itself 
 will be drawn into the deadly whirl of the maelstrom of revolution, by 
 the folly and madness of its own rulers. No man seems to have power 
 to discern the hidden links that join effect with cause, and underneath 
 the shifting-, motley play of events, that looks so much like a terrible 
 dance of accidents, to discover wliither the awful stream is flowing to 
 its destination. It seems, to our limited comprehension, a whirlpool of 
 happenings, a carnival of* impulses, a dance of chances ; and yet, my 
 friends, if we had only the sagacity to penetrate the end from the be- 
 ginning, we might find, in what we call chances, there is a calculable 
 regularity ; over, apparently, the wildest jumble of events, there presides 
 the firm, majestic sway of law — the law of retribution. 
 
 It requires now every energy of tlie mind to comprehend and ma.ster 
 the simple order of events as they succeed each other with fearful dis- 
 tinctness — to learn, by the faint light they shed, whither we are dritV 
 ing; and it, therefore, becomes the bounden duty of every patriotic 
 citizen to give every energy of his mind to the study and investigation. 
 Politics, remember, has ceased to be a pastime, and is fast being re- 
 stored to what it was in the early days of our Republic — a science. It 
 will cease, under such impulses as are now agitating the public mind, 
 to be, what it has been so long, the art of obtaining office and keeping 
 it, and resolve itself back again into "the science and art of govern- 
 ment" — its true definition. 
 
 It has been, no doubt, because politics had been transformed into a 
 mere trade, and wjis looked upon as the compensatory pursuit of an 
 inferior body of men — of bar-room brawlers and corrupt schemers — 
 that this country finally drifted into a civil war. The revolution caught 
 US with this class of men in power. The fem"ully corrupt influences of 
 money at elections, bribing voters, bribing legislators, bribing govern- 
 ment officials, at last brought this country to the position where Juve- 
 nal's sarcasm, " Omnia Roma cum pretio''' — " All things at lio)ne are 
 for a price," — found the seven-hilled city. And who shall say that 
 Heaven's judgment is not at this hour upon the land for our iniquities 
 in this direction ? " For the sin of our covetousness is He wroth." Has 
 not avarice eaten out the heart of this nation; and do we iiot see men 
 all around us to-day who are heartlessly speculating upon the calamities 
 of their country ? — turning the very bones and blood of their slaughtered 
 countrymen into profit — human vampires, sucking blood from their coun- 
 try's veins, while, with the fanning wings of honeyed words and patriotic 
 professions, they are endeavoring to lull their victim into unconscious- 
 ness of their designs. The cry that comes up for a further continuance, 
 or, as the phrase runs, a " vigorous prosecution of this war," out of the 
 3 
 
34 JAMES W. WALL. 
 
 tliroats of government contractors, pensioners, pilferers, and renegade 
 Democrats, will continue to wax louder and louder. They will jostle 
 each otlier at this feast of death, so long a? there is any thing else to 
 gorge themselves withal. Avarice is a most tbarfuHy tiendish passi<;n. 
 it brooks no double reign. It must be absolute ruler; and when once 
 it attains the mastery in the human heart, it will have no brother near 
 tlie throne, there remains no longer room for a single virtuous spasm, 
 and it occupies that withered thing alone. The idea that a single 
 patriotic impulse can remain, is simply preposterous. 
 
 I have been a close observer of the progress of this civil war, and, 
 loving my coutitry and her institutions, with a devotion intensified by 
 the fact that a double current of revolutionary l>lood courses throiigh 
 these veins, I have felt a shudder of horror when I looked round me 
 in times like these, and noticed the high officials of the Government— the 
 men of trade— the plutocracy of this land— urging on a continuance of 
 this strife, while they remained behind to speculate and fill their yawning 
 coffer^s with ill-gotten gains. The swelling hillocks on the reninsula— 
 the new-made graves at Antictam— the ensanguined soil at Fredericks- 
 burg— may press upon the breasts of their slaughtered countrymen, 
 and* they are not here to testify ; but when that (rreat White Throne 
 shall be set in the heavens, and the dead, small and great, stand before 
 the Judge of all the eai-th, where then, I ask, will be the corrupt mock- 
 patriots'of to-day, the shoddy contractors, and the hired sycophants of 
 this Administration, whose fervid appeals deceived, and whose bribes 
 lured their victims to their untimely graves— as, sheeted spectres, eacli 
 in his bloody shroud, they come to lay their complaints at the foot of 
 the Throne? When I lode round me, my friends, everywhere, and 
 note the men who are houffy flaunting their patriotism in everybody's 
 face, making broad the phylacteries of their unselfish devotion to coun- 
 try, and charging every man with disloyalty who dares to difter with 
 them, I am reminded of that telling sarcasm of Douglas Jerrold's : 
 " If," said that keen observer of human nature, " the devil takes a 
 l)rimstone walk through our churchyards, how he nuist chuckle and 
 rub his brimstone hands when he reads some of the inscriptions on the 
 tombstones ; how he must hold his sides at the ' Loving husbands,' 
 'Pious Christians,' 'Honest citizens,' he sees advertised there! For 
 he knows better— he knows better !" And so, as he wanders through 
 our churches of a Sunday, in our busy marts of trade on a week-day, 
 or whisks his brimstone tail through tlie sumptuous drawing-rooms of 
 some oi our Union Leagues, and scrutinizes closely the men who are 
 prcjclaiming so loudly their devoted patriotism, as lie watches every 
 pulsation of their narrow hearts, how he must chuckle, and grin, and 
 
PEACE OR SEPARATION. 35 
 
 nib his brimstone liands, "for he knows better — he knows better!" 
 Tlie fact is, my friends, this civil war has served to develop phases in 
 human nature revolting to the finer sensibilities of the human heart. 
 It has manifested that patriotism is oftentimes only another name for 
 avarice, and made good that telling definition of Johnson, that it is 
 many times " the last refuge of a scoundrel." Men are found whose 
 love to their country consists in simple devotion to themselves, and 
 whose malignity increases as the bold, calm, scrutinizing gaze of hon- 
 esty unmasks their designs. They throng your churches, your streets, 
 your places of business, and magnify themselves upon your rostrums, 
 denouncing men whose honesty and sincere patriotism makes them 
 ashamed of their own pinchbeck imitations. Like the Pharisees of old, 
 these men are zealous in the outward form and demonstration, and neg 
 lect righteousness, mercy, and truth — thinking to compensate for their 
 defects in the duty of one table, by strictly observing the duties of the 
 other. The tithed mint and cummin may be paid, but the nobler, 
 more substantial duties, are neglected. Like their prototypes in the 
 days of our Saviour, they profess a great respect for the ancient proph- 
 ets, the fethers of our Republic, and yet are eager and willing to prac- 
 tise the same persecutions upon us of which our fathers complained. 
 They do most literally "build the tombs of the prophets, and garnish 
 the sepulchres of the righteous," and yet would have been partakers 
 with the persecutors of old in the blood of the saints. " These men 
 borrow," as the eloquent Wallis has said, " from the vocabulary of des- 
 potism, the name of disloyalty, to designate that undefined and unde- 
 finable offence, not known to free institutions, which appears to consist 
 in questioning the wisdom, canvassing the policy, doubting the integ- 
 Jity, and, if need be, resisting the corruptions and usurpations of those 
 who temporarily hold and prostitute power. With like propriety and 
 consistency, they adopt the catch-word of 'loyalty' to designate the 
 equally undefinable public virtues which they would force men to 
 believe they and their partisans embody and mortopolize." These men 
 worship and fall down before a relic, a symbol, a piece of bunting; 
 while they have not hesitated most flagrantly to violate every principle 
 of freedom that flag was made to protect. They remind me of the 
 saying of that pious father of the Roman Catholic church, who, after 
 visiting Beckct's shrine, and witnessing the outward devotioi'i and 
 immoral lives of the pilgrims that thronged round it, declared, " these 
 hypocrites kiss the old shoes and handkerchiefs of the saint, but neg- 
 lect his pious teachings, and the valuable lessons of his most holy 
 example. They venerate his shirt and clothes, but leave his writings 
 to be devoured by vermin." How forciblv all this applies to the hvpo- 
 
36 JAMES Vr. WALL. 
 
 critical veiu-ration wc have scon suddenly displayed by the Abolition- 
 ists for the mere emblem of our nationality, while they themselves have 
 been, fyom the first, the chief confederates against the very integrity of 
 that nationality. They worship the relic now, while all along they 
 liave despised the teachings and doctrines of the men who gave us 
 that flag. 
 
 But to pass from individuals to the consideration of the grave 
 events that now surround us, and of which we form a part. 
 
 Alas, for our country and its future ! the fanaticism of a degenerate 
 age secured the control of the councils of the nation, that had been 
 swayed before by far-seeing, patriotic statesmen. Dr. Johnson used to 
 say, " that fanaticism was robust ignorance." We are, day by day, 
 having a realizing sense of the truth of this definition. Fanaticism 
 fii'st, by its robust ignorance, brought the sections face to face in deadly 
 coiaflict. In its robust ignorance, it trifled with the gravity of the 
 crisis, and plunged us all into the horrors of a ruptured brotherhood, 
 where it might have stayed, and that forever, the progTcss of tlie evil. 
 Such political fanaticism as now controls, and has, for some ,time, the 
 affairs of this country, is most truly " robust ignorance." It is robust 
 in its obstinacy — it is robust in its senseless passion — it is robust in its 
 utter ignorance of cause and etfect — it is robust in its insane disregard 
 of consequences — it is robust in the despotism it would impose. The 
 fanatics who hold to the opinions of the Republican creed do not 
 exactly hold opinions, but opinions hold them. As old Donne most 
 quaintly saitli : " When such men are possessed of error, it is like a 
 devil only to be cast out with great difiiculty and much suffering; and 
 wlien it does come out of them, it teareth them, and they wallow 
 foaming." 
 
 It is to the robust ignorance of just such men this country is indebt- 
 ed for its present demoralized and distracted state. It was robust igno- 
 rance of the very first principles of this Government that induced these 
 fanatics to assert that the existence of the question of slavery was para- 
 mount to the question of national existence — better that our Constitu- 
 tion should perish, and our nationality expire, than there should be the 
 clank of a single fetter heard on the limbs of a slave. It was robust ig- 
 norance that caused these wretched fanatics to prefer civil war, with all 
 its horrors, to compromise — to assert, as Senator Chandler did, " that it 
 would be better the nation should be let bleed a little, to save it from 
 the plethora induced by a long peace," 
 
 It is, I know, gravely asserted by these men, that the present condi- 
 tion of the country was the result of the obstinacy and fixed determina- 
 tion of the Southern Senators in Congress ; and that no effort of con- 
 
PEACE OR SEPARATION". 
 
 37 
 
 ciliatioii or compromise would liave been listened to, or heeded by those 
 who had for thirty years desired the dismemberment of the Republic. 
 In antagonism to their position, the damning fact is upon the record 
 that the measures of compromise and conciliation, generally known as 
 the Crittenden Compromise, were steadily opposed by the Republican 
 members of the Senate. Their eftbrts to defeat them were in the ordi- 
 nary mode of amendments and postponements. The final vote was 
 taken upon the propositions on the 3d day of March, just one day be- 
 fore the adjournment of Congress. On this vote, every Democrat and 
 every Southern Senator voted for the propositions, and every Republi- 
 can Senator against them. But even suppose that every Cotton State 
 Senator, and all the rest of the Southern Senators, together with all the 
 Democratic Senators of the North had voted aye — it would not have 
 saved or secured the Crittenden Compromise — it would have only given 
 it a majority ; it required a two-thirds vote, and ten Republican votes 
 would have been necessary. It never received one. The Republican 
 party was against the proposition, and in caucus agreed that no conces- 
 sions were to be made, no settlement had. Whatever responsibility 
 attaches for the horrid crime of this war is upon their souls, not upon 
 ours. Said the young and eloquent Senator from Ohio, Pugh : ''Re- 
 member the Crittenden propositions liad been indorsed by the almost 
 unanimous vote of the Legislature of Kentucky. They had been in- 
 dorsed by the Legislature of the noble old Commonwealth of Virginia. 
 They had been petitioned for by a larger number of the electors of the 
 Li^nited States than any proposition ever before Congress. I believe in 
 my heart to-day, tlicy would carry an overwhelming majority of the 
 people of my State, ay, sir, of almost every State in this Union. Be- 
 fore the Senators from the State of Mississippi left this Chamber, I heard 
 Mr. Jefferson Davis, who assumes now to be President of the Southern 
 Confederacy, propose to accept it, and to maintain the Union, if those 
 propositions could receive any support from the Republican side of this 
 Chamber. Therefore, of all your propositions, of all your amendments, 
 inM)artiaI history will write it down, that at any time before the first of 
 January a two-thirds vote for the Crittenden resolutions in the Senate, 
 would have saved every State in the Union but South Carolina." 
 
 Senator Douglas at the same time said, and I invite the special atten- 
 tion of his admirers to his sentiments: "I can confirm the Senator's 
 declaration th'at Senator Davis himself, when on the Committee of 
 Thirteen, was ready at all times to compromise on the Crittenden pro- 
 positions, and I will go further and say that Toombs was also." 
 
 But Mr. Douglas fixes the responsibility where it belongs, and the 
 charge will cling to the Republican party " like the poisoned shirt oi 
 
3& JAMES W. WALL. 
 
 Nessus." In tlie following passages from liis speech of January od 
 1861, kept iu the background by those of the Douglas party that havt 
 sold theuiselves to the Republican, the eloquent Senator bad been plead- 
 ing with them not to obstinately refuse concession — he liad in his gra- 
 phic manner depicted the horrors of a civil war he thought he saw ready 
 to burst upon his unhappy country, if they madly refused to give .the 
 people the opportunity to pass upon the conciliatory measures before 
 Congress; and then as if discerning that all his pleading would be in 
 vain, he says : 
 
 "I regret the determinatioii to which I apprehend the Kepublican Senators liavo 
 
 come, to make no adjustment, entertain no proposition, and listen to no eompro- 
 
 mise o/the matters now in controversy. I fear, from all the indications, that they 
 
 are disposed to treat the matter as a party question, to be determined in caucus with 
 
 reference to its ellects upon tlie prospects of tlieir party, rather than upon the peace 
 
 of the country aud the safety of the Union. I invoke their deliberate judijuient 
 
 whether it is not a dangerous experiment for any political party to demonstrate to 
 
 the American people, tliat the unity of their party is dearer to them tliun the Union 
 
 of these States. Their argument is, tliat the Cliicago platform having been ratiOed 
 
 by the people, in a majority of the States, must be maintained at all hazards, no 
 
 matter what the consequences to the country. I insist they are mistaken in the fact 
 
 that this question was decided by the people at the last election. The American 
 
 people have not decided that they preferred the disruption of this Government, and 
 
 civil war, with all its horrors and miseries, to surrendering one iota of the Chicago 
 
 platform. 
 
 ****** 
 
 "Why not give the people a chance to vote upon these propositions. If the peo- 
 ple reject them, theirs will be the responsibility, and no harm will be done by the 
 reference. If they accept them, the country will be safe and at peace. The political 
 party which shall refuse to allow the people to determine for themselves sit the bal- 
 lot-box the issue between revolution and war on the one side, and adherence to a 
 party platform on the other, will assume a fearful responsibility." 
 
 With the comprehensive glance of a statesman, combined with the 
 sensitive apprehensions of a patriot, he saw that the moment was big 
 with fate. The happiness of millions of his countrymen hung trembling 
 in the balance, and his great mind never put forth such strength ; the 
 passions of his soul never pictured themselves so strongly in his expres- 
 sive face, as on that memorable day when he pleaded so earnestly with 
 the Republican fanatics, in the Senate, not to give the heritage ]j|- 
 queathed to us by our fathers to reproach. He saw at a glance what 
 the blind obstinacy or perversion of his political opponents would not 
 sec, that a great revolution was imminent, that could be prevented by 
 compromise early and graciously made. Says Macaulay : " We know 
 of no great revolution which ought not to have been prevented by com- 
 promiee early and graciously made. Conspiracies and insurrections in 
 wl<ich small minorities are engaged — the outbreak of popular violence 
 unconnected with any extensive project or any durable principle, are 
 best repressed by vigor and decision. But no wise ruler, no statesman, 
 
PEACE OK S3':PAEATI0N. 39 
 
 will I'.onfoinid the prevailiiio- t;iitit. with the slight local irritation. They 
 will not treat the deep-seated discontents of a great party as thoy would 
 the wild fury of a mob, that destroys mills and power-looms. The 
 neglect of this distinction has been tatal even to Govenunents strong 
 in the power of the sword.'' 
 
 Here was just the unpardonable error, the inexcusable stupidity of 
 the Abolition party in Congress. With eyes blinded by the mists of 
 fanaticism, and with judgments hopelessly darkened, they mistook the 
 uprising of a great people, "for the wild fury of a mob that destroy? 
 mills and power-looms." That error may yet prove fatal to the Govern- 
 ment they attempted to guide. 
 
 But this attempt at conciliation and compromise in the Senate \va> 
 not all. Virginia, the fruitful mother of States and of statesmen, true 
 as ever to the great interest of Union, attempted to roll back the tide, 
 of civil war by one otlort more. Upon the basis of a settlement undm- 
 the Crittenden Crompromise, she called the celebrated Peace Conven- 
 tion, Every man must remember with shame and confusion of fa<^e) 
 the history of that last eifort to save the country from the visitation of 
 civil war. The Peace Convention originated with a Southern State. 
 Its measures and its policy were beaten down and trampled underfoot 
 by the robust ignorance of the fanaticism whose plottings against the 
 Constitution had made such a Convention a necessity. While this 
 Congress was in session and good men were exerting themselves to 
 save us, the following letter was written to Governor Blair, of Michi- 
 gan, by Senator Chandler, who stands high to-day in the confidence of 
 the Administration : 
 
 "My Dear Goveknou : — Governor Bindiam and myself telejrraphed you on Satur- 
 day, at the request of Massachusetts and New Yorlc, to send delegatus to the Peace, 
 or Compromise Congress. They admit that wc were right, and they wrong — 
 tliat no Republican State should have sent delegates. Ohio, Indiana, and Rliodt- 
 Island are cuviug in; there is some danger o^ Illinois; and now they beg us for 
 God's sake to come to their rescue, and save the Republican jiarty from rui>ture. 
 " Truly, your friend, Z. Ciiandlku. 
 
 "P. S. Some of the manufacturing States think that a fight would 'o awful. 
 Without a little blood-letting, this Uuion would not be worth a curse." 
 • 
 
 And in a back room, at Willard's Hotel, a caucus was liold, in whicli 
 
 one of your Pennsylvania licpublicau Ptcpi'esentatives made a speech, 
 
 and is reported to have said : " Let civil war. come ; it could not be 
 
 lialf as destructive to the great interests of humanity as the disruption 
 
 of the Republican party." Whenever the impartial liistory of tliat 
 
 Convention, and the doings of the midnight conspirators who thwarted 
 
 its holy purposes, comes to be written, posterity will stand agliast at 
 
 .the revelations of the-obstinacv of Northern fanaticism, and the double- 
 
40 JAUIES W. WALL. 
 
 (loaliiirr and bIood-thirstin(?ss it slial] lay bare. Tliost? men substituted 
 their own private hate for tlie pub]ii^.*(niarri'l, and then they forced on 
 liie war in the name of the American peo])U'. They tlius eno-ajrcd tli(> 
 eountry in tlieir own quarrel. When An^fiistus wished to put in forc(! 
 the lex hvscc majestatis, for suppressing libels and lampoons, he to(^k 
 '■are, said Aurelius, not to do it in his own name, but in the name of 
 the majesty of the Roman people. He contrived the cases in such a 
 form, as though it was the majority of the Iloman people that was 
 insulted. 
 
 It is Viot my intention, to-night, to dwell at any great length upon 
 the primary causes that provoked this deadly strife ; but I cannot refrain 
 from giving the subject more than a passing allusion. 
 
 I have lived long enougli to have seen tlie cloud of Abolitionism 
 when it was no bigger than a man's hand ; and I have watched it 
 spreading and deepening in its blackness, until now it darkens all ov(3r- 
 head, and from its piled up masses comes the decp-voieod thunder, 
 and the wild lightning that tlireatens to strike down one by one, all 
 our free institutions. I am not old enough to have witnessed the first 
 strife over the Missouri Compromise in 1820, and my ears, tlierefore, 
 caught not the ominous sound tliat smote upon the sensitive ears of 
 Jefferson — "like a fire-bell in the night." His clear unclouded vision, 
 saw with prophetic distinctness in the running of that geographical 
 line, "the line of separation of these States, and rendering desperate 
 the hope that man can ever enjoy the two blessings of peace and self- 
 government." " My confidence is, I shall not live to see it," said the 
 venerable patriot; "and I envy not the present generation the glory of 
 throwing away the fruits of their fathers' sacrifices of life and fortune." 
 
 I am old enough to remember when the Abolition element, born of this 
 strife over a geographical line, first took shape and permanency in 
 1844, when it formed a separate ticket for the Presidency and Yice- 
 Presidency, Its wild crusading forces were then for the first time 
 formed into a regular organization. Fanaticism and false leligious zeal 
 were the niotive powers that impelled them along, and under the ban- 
 ners of sectional hate and bigotry it rallied atthe^orth a band of wild, 
 unscrupulous fanatics, who elevated what they called "The Iliglicr 
 Laws" above Constitutional obligations and Constitutional guarantees — 
 denouncing the great charter of our liberties a.s " a league with death 
 and-a covenant with hell." 
 
 Just at this momentous period came the Oregon (piestion, and after that 
 the Mexican, w^ith its acquisition of territory ; and then Free Soilism 
 first raised its head, endeavoring to limit the Constitutional riglits of 
 the South in all the common territories of the Union, and, in time, m 
 
PEACE OR SEPARATION. 41 
 
 conjunction wltli its Abolition ally, so convulsed the peace of the coun- 
 try, that its patliot statesmen had to rush from their retirements to save 
 us from being precipitated into the gulf of disunion. The Compromise 
 acts of 1850 for the moment saved the Union ; the snake's head was 
 only wounded, however — the snake was scotched, not killed. The re- 
 vival and reagitation of the Free Soil question in the Territories — the 
 abnormal platform laid down by the fjinatics who were agitating the 
 question — gave fresh vitality and strength, and, casting its skin, it came 
 forth a huge serpent, under the name of Black Republicanism, whose 
 coils are at this very hour tightening round the Constitution and the 
 States with a grasp, which, unless speedily loosened, will strangle them 
 both together. It has beslimed every thing with the slaver of its 
 venom, and poisons all things within reach of its infectious breath. 
 
 By the constant agitations of these corrupt foctions, here a little, and 
 there a little at first; but soon, as with a flood, fraternal affection was 
 weakened ; hate, jealousy, and discord nourished, and one by one the 
 strong ties that bound us as a nationality were snapped asunder, and 
 to-day we find ourselves standing face to face with the gravest event 
 in the world's history — the separation of, and civil war between, the 
 citizens of what was once supposed to be the most enlightened nation 
 of Christendom. There clearly was a time in the history of the proirress 
 of this event when the war might have been averted, under the guidance 
 of a wise and prudent statesmanship ; but, unfortunately, as I have be- 
 fore said, the revolution caught us with fools and fanatics in power. I 
 believed at the outset, as I know now, that it would have been in- 
 finitely better to have let the seceding States depart in peace. I so 
 urged members of Congress at the time, and the members of the Peace" 
 Convention. I believed then, as I believe now, that such a wise and 
 generous policy would have disarmed resentments, would have softened 
 and Subdued hearts then swelling with hate, but which resistance nmst 
 harden, and make more bitter still. With such a wise policy as that, 
 in a few revolving moons, these " wayward sisters" would have, in peni- 
 tence and tears, returned to the old homestead, beneath the old roof- 
 tree, and to-day liave been standing at our side, by the altar of a com- 
 mon nationality, and beneath the protecting shadow of the same flag, 
 whose clustering stars, as heretofore, would have again emblemized a 
 united people. I know that it is customary for the men now in 
 power, and J;hose who are growing rich under its patronage, to sneer 
 at such sentiments as these, nay, to denounce every man who holds 
 them as ^traitor. But let me call the attention of these modern loyal- 
 ists to the sentiments of one they profess to honor as a patriot and 
 
42 ja:mes w. wall. 
 
 statesman — Daniel Webster. Said that truly great man, when alluding 
 to his efforts to arrest civil war, in 1850 : 
 
 "In March, 1850, when I found it my duty to address Congress on these impor- 
 tant topics, it was my conscieutious belief, and it still remains unshaken, that if the 
 controversy with Texas eould not be amicably adjusted, there must, in all proba- 
 bility, be civil war and bloodshed; and in contemplation of such a prospect, al- 
 thoui^h we took it for granted that no opposition could arise to the opposition of 
 the United States that would not be suppressed, it appeared of little consequence 
 on which standard victory should perch. But what of that ? I was not anxious 
 about military consequences ; I looked to the civil and political state of things, and 
 their results, and I inquired what >vould be the condition of the country, if, in this 
 state of agitation, if in this vastly extended, though not generally pervading feeling 
 of the South, war should break out and bloodshed should ensue in that quarter of 
 the Union? That was enough for me to inquire into and consider; and if the 
 chances had been one in a thousand, that civil war would be the result, I should 
 have felt that that one-thousandth chance should be guarded against by any reason- 
 able sacrifice; because, gentlemen, sanguine as I am of the future prosperity of the 
 country, strongly as I believe now, after what has passed, and especially after the 
 enactment of those measures to which I have referred, that it is likely to hold 
 together, I yet believe that this Union, once broken, is incapable, according to all 
 human experience, of being reconstructed in its original character, of beiug rece- 
 mented by any chemistry, or art, or eU'ort, or skill of man." 
 
 These were the promptings of the heart of a true patriot — the honest 
 convictions of the mind of a far-seeing statesman ; and as we read them 
 and compare the man and his sentiments, with the men and their sen- 
 timents who filled the councils of the nation in 1860-1, it makes one's 
 heart sick. The reins of the chariot of the sun in Phteton's hands were 
 under surer guidance than the reins of this Government in the hands of 
 those who then held them. For some time previous to the election of 
 Lincoln, from the signs of the times, from the sectional bitterness mani- 
 fested in llepublicau platforms, and from the growing sectional hate 
 fast being developed in the Northern mind, I thought I saw pre^-nant 
 signs of the coming of the terrible issue that is now upon us. In 1859, 
 at the great Unfon meeting held in Newark to denounce the John 
 Brown raid, I said : " It may be that this Union is not in immediate 
 danger ; but admit that it is reduced to a question of time — and there 
 is danger in the very thought — it does, however, really appear to me 
 that there never has been a time in the history of this country, that 
 such a singular unanimity prevailed among con servative men of the 
 South, as to the wisdom of withdrawing from a confederacy, where 
 neither their rights nor their property are respected. As long as ex- 
 tremists uttered these threats, I did not think them worth minding; 
 but when the cool conservative men of the South begin to wei^i in the 
 balances of their calm judgments, the power of the South to stand 
 
PEACE OR SEPAEATIOIS'. 43 
 
 alone, without tlie North, I tell you, my countrymen, there is danger. 
 It has been declared here to night, ' that there can be no dissolution of 
 the Union, because it is a solemn compact maile, not between the 
 States, but by the people of the Union.' It should be remembered, 
 however, that the Constitution was adopted by the States. As States 
 they came into this Union, and they may return in the same way. The 
 theory may sound well, that this Union cannot be dissolved except by the 
 act of the whole people ; but pray what will become of the theory, if 
 fifteen States of this Confederacy, by solemn conventipnal act, withdraw 
 their representatives from both houses of Congress ? Where, I ask, is 
 the compelling power, the attractive force to bring back these orbs that 
 have thus dashed madly from their spheres ? Will you compel them 
 by the military power, by the coercion of your army and navy, and 
 visit upon them the penalties of rebellion?^ You, then, inaugurate 
 civil war, and can only realize the fearful truth of what Mr. J\Iadison 
 declared in the Constitutional Convention, * That the use of force 
 against a disobedient State or States wiJl look more like a declaration 
 of war, and will rightfully be considered a dissolution of the previous 
 contracts by which it may be bound.' I look upon a dissolution of 
 this Union as amongst possible events, and when that evil hour shall 
 come, the minds of those who counsel such a deed will be in no tone to 
 parley about constitutional obligations or constitutional rights. They 
 will fall back upon the doctrine of State Rights, as sanctified by the 
 Virginia and Kentucky Resolutions of '98. They will elevate the 
 emblems of State sovereignty, above the emblems of the Union, and 
 beneath their folds, or those of some Confederate banner, they will 
 stimulate the minds of their people, until they shall mistake passion for 
 principle, and sectional hate for the promptings of patriotism. With 
 South thus arrayed against North, the first blood spilled upon the 
 battle-field, and the separation of this Union becomes final, irrevocable. 
 A great gulf will forever yawn between them." 
 
 These were sentiments uttered nearly four years ago. They were, 
 alas ! prophetic. That gulf has opened before the martial tread of a 
 million of the soldiers of the North. That gulf opened at Bull Run, 
 still yawns between the sections, and unlike the one in the Roman 
 forum refuses to close, although into it has already gone a large part of 
 the pride and the glory of the North. Alas ! there seems to be no 
 Curtius now, no warlike virtue so precious, whose self-immolation will 
 close the yawning chasm. I am afraid with the terrible aggravations 
 of the strife, the fierce relentless hate that civil war engenders, it will 
 be only for the future in the vigorous language of a Southern bard : 
 13 
 
44 JAMES W. WALL. 
 
 " Peace while we're peaceful : but Union, no, never, 
 The hghtnings of Heaven have rifted that chain. 
 Whom war puts asunder, no jujyf^le can ever 
 With blasphemous vows bind together again." 
 
 There is no man, my friends, who will not, if he is honest, confess 
 that each day, nay, each hour of the continuance of this struggle brings 
 us the evidence of the awful complications in which our National affairs 
 aie involved. The conviction is every day and every hour strengthened, 
 that we are engaged in a strife most terrible — most lamentable — and 
 none the less so, because we all are, for the moment, forced to the con- 
 clusion that it will go on for some time longer. Every day, however, 
 demonstrates that desperate as the struggle is, the ultimate purpose 
 which alone makes war respectable — viz. : peace — is not to be attained 
 through the sword. Th^ sword and the bayonet, in a civil strife like 
 the present, between two such peo^jles, can never help to the proper dis- 
 position in the minds of either section for a wise adjustment, and can 
 never take the place of civil wisdom, withoutwhich all the triumphs of 
 the battle-field are useless. Soon, whatever may be the result of single 
 battles, diplomacy must take the place of war, or else anarchy, or the 
 resolving this government into a military despotism must be the result. 
 The idea of this strife continuing for two years longer, with the pros- 
 pect of increased carnage, stagnation of business, inhibited commerce, 
 is too much for any man, unless it be a shoddy contractor or a specula- 
 tor in gold, to contemplate with composure. Sooner or later, by that, 
 rough experience, fearful suffering, that has already come, and will be 
 fearfully aggravated by the continuance of the war, if not by the more 
 prudent councils of a wise forbearance, the hour for compromise and 
 settlement must come. In view of the immense interests at stake, both 
 for ourselves and those dearer than ourselves, our children, we must 
 endeavor to hasten its coming. It is only fools or knaves who still con- 
 tinue to declare that we will not treat with rebels — we cannot hold 
 parley with those who are striking at the nation's life. An absolute 
 monarch may talk about crushing our turbulent subjects ; but a free 
 Government, whose foundation stone is "the consent of the governed,"" 
 can have no desire, nay, no right, to crush out its own citizens, so 
 numerous and so powerful, and who have already proved so respectable, 
 both in ability, prowess and endurance, as those in arms against us. 
 There can be no truth more undeniable than this, that when Northern 
 States fight against Soathorn, upon the pretext of saving our national 
 life or nationality, they fight for a sham or a shadow, like the dog in 
 the fable, Avho, on snapping aft(>r the shadow of the substantial meat 
 
PEACE OR SEPAEATION. 4.^ 
 
 between his jaws, lost the meat itself by the operation. Nothins^ 
 makes our Constitution a mass of glittering generalities, and ,our Union 
 a rope of sand, more quickly than civil war. It is simply the dream of 
 a madman to think of enforcing a Confederation, and maintaining the 
 supremacy of the Constitution in a free Republic, by the sword. The 
 men who gravely propound such a theory as this are cither knavish, or 
 profoundly ignorant of the great lessons taught by the analogies of 
 history. If history "is philosophy teaching by example," let such men 
 go to her school, and quickly unlearn their folly. Civil war never yet 
 made friends or strengthened the bonds of confederations and alliances. 
 Mr, Seward had a glimpse of this truth; but it was with him "like a 
 tale told to an idiot ;'' it made no impression ; when be said in his 
 letter to Mr. Adams in 1861 — "Only an imperial eft despotic govern- 
 ment could prove the right to subjugate disaffected and insurrectionary 
 States. This Federal JRejaibliran si/sttm of ours is the most unfitted 
 for such a labor." Why ? Because being founded on the consent of 
 the governed — the free choice of a free people — you never can reduce 
 any portion of that people to submission by the coercion of arms, with- 
 out shattering to pieces your whole fabric, and creatinrj a despotism in 
 its place. 
 
 . Who honestly believes for a moment that a continuance of this war 
 " will form Union, establish justice, insure domestic tranquillity, promote 
 the general welfare, and secure the blessings of liberty for ourselves and 
 war posterity?" And yet, these are the only objects for the securing of 
 ■which this Government was created. Says Machiavel, in his " Prince :" 
 "A commonwealth or republic must be ruined in order to keep it a con- 
 quered province; the spirit of its people must be crushed out, and the 
 spirit of its laws first overthrown ;" and, therefore, to coerce the South- 
 ern States into subjugation, now the avowed policy of the Administra- 
 tion, is tantamount to the overthrow of their republican institutions and 
 t-o their ruin. That they, after being coerced, must cease to be free 
 States in the Confederation, is obvious to the most careless observer. 
 Having, in a moment of partisan madness and blindness, refused conces- 
 sion and compromise, and accepted the feaiful alternative of war, the 
 Republican party and the Administration, with the disaster at Bull Run 
 startling them from the overweening confidence in which they reposed, 
 fell into another delusion, when they passed in Congress their far-famed 
 resolution : "That this war is not waged on our part in any spirit of 
 oppression, nor for any purpose of conquest or subjugation, nor for 
 overthrowing or interfering with the established institutions of the 
 Southern States; but to defend and maintain the supremacy of the Con- 
 
46 JAMES W. WALL. 
 
 stitiition, and to preserve tlio Union, witli all the dignity, equality, and 
 rights unirapaired ; and that as soon as these objects are accomplished, 
 the war ought to cease."' 
 
 These were high sounding words, truly — but it never appeared to 
 have flashed upon their minds that a war against States, that had thrown 
 oft' their allegiance to the central government by its inexorable logic, 
 most remorselessly trampled into the dust, such platitudes as these. 
 Upon whom were the energies of the Government to be expend- 
 ed to produce these results? Why upon States in revolt against 
 the Constitution and the Government, not upon a few rebellious 
 citizens of States, but upon States in their organic capacity, who had 
 taken possession, not only of the local State governments, but had or- 
 ganized a central *govornment, in direct antagonism to the Government 
 with which they were at war — against a people who were a unit in the 
 stand they made, and Tiad, in bloody conflicts, shown their determination 
 to throvv off the Union as abated thing. As tlie keen forecasting states- 
 mansliip of Mr. Douglas very early discovered — " Subjugation, exter- 
 mination, or separation must be the result of a war between Northern 
 and Southern States," Either one of these conditions was in direct an- 
 tagonism to the idea of " maintaining the supremacy of the Constitu- 
 tion," or of " a restoration of the Union." Such an idea to his cleaj*, 
 logical mind was a simple absurdity. In fact, he more distinctly enun- 
 ciated this idea when he said in the Senate — " But coercion must always 
 be used in the mode prescribed by the Constitution and laws. But the 
 proposition to subvert the de facto government of South Carolina, and to 
 reduce the people of that State to subjection to our Federal authority no 
 longer involves the question of enforcing the laws in a countiy within 
 our possession ; but the question of subjugation, abhorrent to every 
 principle of our Government and Constitution." lie never changed 
 those views until hunted to death by remorseless creditors, prostrated in 
 mind and body, with the death shaft in his side, Ke was retJrning home 
 to die, like the wounded stag, 
 
 "In the place where he was roused." 
 
 I accept the views of the statesman " towering in his pride of place" 
 m the United States Senate, with every physical and mental faculty in 
 full fruition, and patriotic appi-ohensions and impulses stirring and throb- 
 bing in his great heart — to the sickly jaundiced sentiments that were 
 forced from him in his weakness by an Abolition crowd, who but a few 
 years before persecuted and reviled him. 
 
 Has not the question of the war at last reduced itself to the alterna- 
 
PEACE OE SEPAEATIOjS". 47 
 
 tives predicted by Mr. Douglas ? Can there be any possible settlement 
 except upon the basis of subjugatifin which will be the result of submis- 
 sion, annihilation, or separation? Sooner than the first two, in God's 
 name, in the name of common humanity, I say separation a thousand 
 times. In looking at the consequences to spring tVom this struggle, we 
 are too apt to look upon it as an ordinary conflict, a simple war ; but it 
 is something more than this — it is a civil war — the most demoralizing 
 and destructive of all wars that stamps the die of its date upon the 
 memory so deep that centuries fail to efface the impress. The heathen 
 poet, Lucan, in his Pharsalia, fully understood the character and nature 
 of it. In that poem, the atrocities of the Marian civil war are brought 
 most prominently forward in the narrative. The beautifully cold, classic 
 heathen mythology has here no place. The supreme powers that hover 
 above the fields of slaughter are the local deified men and heroes, and 
 the evil spirits of the country. The ghost of Sylla rises in the field of 
 Mars, and the dead Marius is seen to break open his sepulchre on the 
 banks of the Arno. A corpse is taken from the field of battle, the 
 spirit forced to re-enter it, and tell what it has seen on the field of death. 
 The tortured ghost beholds Cincinnatus, the Decii, and the Curii, pa- 
 triots of Rome weeping and wailing— while Marius and Catiline arc 
 seen bursting their chains and shouting applause. This is but the 
 shadowy outline of a bold, truthful picture, sketched by a heathen artist, 
 whose soul was fully alive t<j all the horrors of civil war, whose wonder- 
 ful genius understood so well how to mingle the gloomy repulsive shades 
 of horror and guilt that pertain to the subject. There is all over the 
 picture the evidence of what Kuskin calls the " imagination penetrative." 
 As one dwells upon it, the eyes seem to become bloodshot, and strained 
 with a fierce horror and deadly vision. We would we had a literary 
 artist now, that could sketch with half the power, the more fearful pic- 
 ture that is presented here to the shuddering gaze of all Christendom. 
 This vivid portraiture of civil war, sketched so many centuries ago, 
 makes manifest the terrible impression it made upon a mind accustomed 
 to blood and carnage, and who recognized among his gods the fierce 
 god of war. Yet Christian divines, professing the simple, life-giving 
 doctrines of the gentle Jesus, can rejoice over the carnage of our civil 
 strife, and make the strife more horrid still by maledictions upon those 
 once our brethren, that seem fanned with hot blasts from hell, not airs 
 from lieaven. Let us, a Chi-istian nation, take warning to our profit from 
 such a revelation by a heathen. In this same poem the poet beholds a 
 vision of Rome herself plunging the dagger into her sid6, and, from the 
 gaping wound it makes, flows forth a mighty torrent of blood, that 
 deluges whole cities and submerges entire provinces, uotil the Itoman land 
 
48 JAMES W. WALL. 
 
 becomes one vast red sea of blood. Let any man close his eycj, com- 
 mune with his own heart lionestly, vfnd he will see the same vision that 
 so horrified the patriot Roman. 
 
 He may toy with the delusion that it is a contest for tlui Union and 
 the supremacy of the Constitution — that like the fabled Phoenix, the 
 Republic shall yet spring forth with renewed energy and life from the 
 ashes of this terrible strife ; but in spite of the delusion he will find that 
 the dread vision will overshadow him, while the most cruel forebodings 
 will fill his mind as to the future. This is not a war where the foreign 
 invader is met at the nation's threshold, and the pride, prowess, and 
 ancestral glories of that nation are invoked to aid and animate the 
 struggle. It is a civil war, a war of men of the same race, with the same 
 avowed love for liberty in their bosoms, a war where a inan's foes are 
 those of his own household, invoking the most deadly passions, and 
 brutalizing the most refined feelings — a war which, if pushed to its in- 
 evitable consequences, the conquered must be ground down under the 
 iron heel of despotism or exterminated ; and in either case, Constitu- 
 tional liberty must find her grave. We read and mourn over the hor- 
 rors evoked by the civil wars of Rome, "We wonder at the fierce and 
 deadly struggle of the middle ages of Italy, the Guelphs and the Ghib- 
 belines — but 
 
 "Mill at o nomine de te 
 Fabula narratur," 
 
 change but the name and the story is told of ourselves. Every victory 
 is a victory over ourselves, every wound inflicted penetrates our own 
 vitals, Ij, is the suicide of a great nation, unless the warlike steel can 
 be snatched from hands that are bent upon consummating tlie deadly 
 work. 
 
 If such a war is not to cease, if the stronger section, the North, that 
 professes not to be swayed by the impulses of passion and revenge, 
 refuses to make overtures of reconciliation, it becomes a war for sub- 
 jugation or annihilation. I would not do despite to the memory of my 
 fathers — to our Anglo-Saxon lineage, by admitting the possibility, that 
 any ten million of our own race could be subjugated by any force the 
 North may bring against them. You may annihilate, but subjugate never. 
 Tlieir blood, like our own, " was fetched from fathers of war proof," 
 and in many a gallant struggle since this war commenced, they have 
 shown that it has lost none of its martial fire. Think you these men 
 will consent to live for one hour beneath the military sway of the North 
 as conquered provinces, even admitting you could so hold them, which 
 I deny, under a Constitution framed for the purpose of " securing the 
 
PEACE OR SEPARATION. 49 
 
 blessings of liberty for ourselves and our posterity." Remember that 
 those hearts once throbbed with your own, like the hearts of twins, 
 which have rested under the same maternal breasts. They throbbed in 
 unison, like, to use the German phrase, "the hearts of brothers, who 
 together have attained the baptism of blood and fire." Make their case 
 your own, and then tell me whether the great North would ever submit 
 to 'subjugation. Never, never. Annihilation is alike impossible with a 
 nation that professes to wear a Christian heart in its bosom. Besides, 
 all Christendom would justly cry aloud against such a damning deed a.s 
 this, while the demoralizing influences and usurped powers of the North, 
 that must be evoked to execute such a hellish judgment, would reduce 
 the North to a despotic power worse than Ghenghis Khan or Tamerlane 
 ever controlled. Such results have been accomplished, where the will 
 of the despot was the supreme law, in such devastating wars as the 
 Timurs and Attilas of the human race have waged — when grass never 
 grew where the hoofs of their chargers pressed, and behind them " the 
 smoke of the country went up as the smoke of a furnace." Never sure- 
 ly by a republic whose chief corner-stone was "the consent of the 
 governed," and the object of whose form of government, was to " estab- 
 lish justice and insure domestic tranquillity." 
 
 Subjugation or annihilation being alike impossible, I am in favor of 
 an immediate cessation of hostilities, for an armistice — that mid the lull 
 of the strife, the heat of passion shall have time to cool, and the calm, ma- 
 jestic voice of reason can be heard. In the midst of such a calm, I am 
 for endeavoring to learn from those in arms against us, what their 
 demands may be, and inviting their co-operation in the name of a com- 
 mon Christianity, in the name of a common humanity, to some plan of 
 reconciliation or reconstruction by which the sections may reunite upon 
 a more stable basis — a plan in which the questions upon which we have 
 differed so long, may be harmoniously adjusted ; and each section, by 
 virtue of the greatness developed in this war, may profit by the experi- 
 ence. If it shall be found that sectional opinions and prejudices are too 
 obstinate, and the exasperations of this war have burned too deep, to 
 settle it upon the basis of reconciliation or reconstruction, then, I know 
 that separation and recognition are inevitable. If there is to be a set- 
 tlement upon the basis of reconstruction, then reconstruction can only 
 accomplish its ends by introducing into our Constitutional system, a plan 
 whereby for all time to come, section shall be protected against section. 
 The plan suggested some years ago by Mr. Vallandighara bears the 
 stamp of his clear sagacity and statesmanlike forecast — dividing the 
 country into four large sections or masses, and requiring a majority of 
 the representatives from each to consent to a measure before it should 
 4 
 
50 ja:mes w. wall. 
 
 become a law, Mr. Callioun, iiotwitlistandiiig the undeserved obloquy 
 attaching now to his name, Avas, to my mind, the most honest and com- 
 prehensive statesman who grappled with national problems ; and I make 
 bold here to say that no wiser, purer, more patriotic statesman ever 
 lived. As early as 1849 he foretold this convulsion unless his proposed 
 remedy was adopted. He regarded the institution of slavery at the 
 South as the pillar of their strength, security, and civilization, and its 
 disturbance by foreign elements, as sure to lead to the downfall of the 
 Union. Hence, his theory of reconstruction looked to the permanency 
 and security of that favo.rite institution, and to removing it far from the 
 reach of intermeddling. Puritanical philanthropy. lie correctly held 
 that the more perfectly a government combines power and liberty of 
 the dominant race, the more perfectly it fulfils the end of its creation. 
 lie further held that the GJovernment of the mere numerical majority, 
 did not accomplish this in any reasonable degree — hence he proposed 
 what he denominated " the concurrent majority principle," as better 
 suited to prevent the Government from transcending the limits in which 
 it was appointed it to move, and restrict it to its primary end, the pro- 
 tection of the community from elementary disturbances. This princi- 
 ple was, to take the sense of the community, through a proper organism, 
 which should have a care of interests as well as numbers — considering 
 the community as made up of differing and conflicting interests ; and, 
 as far as the action of the government is concerned, taking the sense 
 of each, through its majority or appropriate organ ; and the united sense 
 of all, as the sense of the entire community. * * * * 
 
 The tendency of a government to pass beyond its proper limits, he 
 argued, was what exposed liberty to hazard, and rendered it insecure, 
 and that it was the strong counteraction of governments of the concur- 
 rent majority to this tendency, that had always made theni so favorable 
 to liberty. The tendency of such a government, he insisted, was to 
 unite the community, let its interests be ever so diversified and antago- 
 nistic, while that of the numerical majority was eventually to divide it 
 into two warring sections. 
 
 It may be that the South might be willing to return upon the adop- 
 tion of some such system of reconstruction as this. If this plan of 
 reconciliation and reconstruction fails, then a separation must be the 
 finality. I shall deeply mourn over the necessity that compels to such 
 a policy, but will accept it in preference to long years of cruel strife, 
 hopelessly demoralizing our people, prostrating our business interests, 
 and making us the scorn and pity of Christendom. Impartial history 
 will fasten the responsibility where it belongs — and where Mr. Douglas, 
 in his speech of 1861, placed it, upon the RcpuhUcan parUj, who, to 
 
PEACE OR SEPAJSATION'. 51 
 
 tise his own forcible language, " refused to allow the people at the bal- 
 lot-boxes, to determine for themselves the issue between revolution ai^d 
 war on the one side and obstinate adherence to a party platform on the 
 other." The only hope I see for the country, is where Demosthenes 
 found it, in his address to the Athenians. " I should," said he, "deject 
 and despair, I should consider your situation as desolate and irreparable, 
 if I did not reflect that you have been brought to this state by Aveak 
 and improvident measures, and by weak and treacherous men. If your 
 affairs had been managed wisely, if your operations had been firm and 
 steady, and after all you had been seduced to this situation, I should, in- 
 deed, have despaired of deliverance ; but as you have been seduced by weak 
 and wicked men, I trust you may be recovered by wise and upright gov- 
 ernors. Change your administration, and you may yet be saved — perse- 
 vere and you must be ruined." As to the manner in which this war has 
 been conducted, I have but to turn to the statements of the friends of 
 America in the British Parliament in 1781, and use the words applied by 
 them to the con-upt, imbecile administration of Lord North. I will adopt 
 the words of Powys, who described the conduct of the American war 
 thus : " This whole war has been conducted in delusion, every promise 
 broken, every assertion falsified, every object relinquished. It was now 
 a war for the support of government, now a war of coercion — then a war 
 for the Constitution. Now the rebels a»-e in a state of exhaustion from 
 exposure, without suitable clothes and without food for their famishing 
 bellies; and again, these half-clad, halt-fed wretches are discomfiting the 
 best troops we can send against them, or outmanoeuvring the ablest of 
 our generals by their strategy — and thus, the people, the house, and the 
 country had been deluded, confounded, abused, and cheated. Evasion 
 led to evasion, trick to trick. He compared ministers in their mad de- 
 termination to continue this wretched war, to the Spartan, who, in a 
 sea-fight, swam to a galley and seized it with the right hand, which was 
 instantly chopped oft'. He then renewed the eft'ort with the left, and 
 met a similar catastrophe. The sailors, in the galley, then asked if he 
 meant to persevere. The Spartan answered, ' Not in the same way,' and 
 seized the object with his teeth. The ministry, notwithstanding their 
 bad luck and losses, like the Lacedemonian, were determined to proceed, 
 but he warned them, when the Lacedemonian did proceed, he lost his head." 
 It may be, my friends, that these sentiments of Powys will not 
 meet the acquiescence of the most worshipful, right Loyal Leaguers 
 throughout the country, and more especially, of the city of Philadelphia. 
 I do not expect they will, and should be surprised if they did. They 
 did not, in 1781, meet the approbation of their antetypes, the Loyal 
 Leaguers on this side of the water, organized during the Revolution to 
 
52 JAMES W. "WALL. 
 
 jhow their loyalty to King George and their hatred to rebellion. There 
 is j^ striking similarity in their creeds. The loyal tory, like tlie Loyal 
 Leaguer of 1863, thought that Government had a right " to erect a mul- 
 titude of new offices, and send swarms of officers to cat out our sub- 
 stance — to render the military independent of, and superior to the civil ^ 
 power — to subject us to a jurisdiction "foreign to our Constitution, and '• 
 unacknowledged by our laws" — " to quarter large bodies of troops 
 amongst us ;" to " deprive us in many cases of trial by jury ;" to take 
 away our charters, abolish our most valuable laws, and altering funda- 
 mentally the powers of our government ;" " to impose taxes upon us 
 without our consent ;" " to excite domestic insurrection amongst us." 
 The Loyal Leaguer of the Revolution believed that King George IIL, 
 had a right, and so asserted, to resort to such injuries and usurpations, 
 for the purpose of the establishment of an absolute tyranny over these 
 states. The Loyal Leaguer of 1863, believes that the right exists in 
 Abraham the First, and for the same purpose. This is the only dift'er- 
 ence between the tories of 1776, and the equally malignant tories of 
 1863. If they are not one and the same, they are so much alike, that 
 we may say of them with Ovid : 
 
 "Non fades una 
 Nee diversa tamen, qualem dccet esse sororem," 
 
 which may be rendered : 
 
 " They seem not one, 
 And yet not two, 
 But look alike. 
 As sisters do." 
 
 I do not hesitate to declare in the ears of this Administration, and of 
 the Loyal Leaguers, its allied, that if their war upon the personal liberty 
 of the subject, in defiance of the guarantees of the Constitution, 
 goes on, the time may come when " forbearance ceases to be a virtue," and 
 " resistance to tyrants becomes obedience to God." 
 
 The recent assault upon that patriotic champion of the Constitution 
 and the rights of the people, Vallandigham, subjecting him to the secret 
 inquisition of a court-martial, is an infamous violation of every Consti- 
 tutional provision, and utterly subversive, if submitted to, of every 
 principle upon which free government rests. That all men should yield 
 to the State is beautiful in theory ; but good in practice only when the 
 State is the aggregate of legitimate private Constitutional interests, 
 administered by honest persons. The true public interest is composed 
 of the aggregate portion of such private interests — and when the State 
 makes war upon these, in a free government, that assailed interest has a 
 right boldly to assert itself and demand a hearing. In despotisms, pri- 
 
CIVIL LIBERTY OVERTHKOWN. o3 
 
 vate interests are not openly heard. They must proceed, if at all, by 
 intrigue and by conspiracy. The interest of the State then becomes, — 
 as it really is fast coming here, — the interests administered by function- 
 aries who advance and keep themselves at the public expense, and put 
 down with the strong arm of unlicensed power those who have the 
 courage to complain. We, as Democrats, nay, as American citizens, 
 only ask (it is all we ever asked) that the great magna charta of our 
 freedom shall be observed, and the guaranteed rights of the citizen se- 
 cured. Obedience to the Constitution and the laws has ever been with 
 us, and must ever be, paramount to obedience to arbitrary power. Let 
 our cry be in the fearful contest that is approaching — " We will ask for 
 nothing but what is right ; we will submit to nothing that is MTong" — 
 and then if our cry is unheeded, let us pray that some Maccabeus shall 
 arise, who will assert the honor of the ancient faith, and defend the 
 temple of his forefathers with as ardent and determined a spirit as that 
 which actuates these innovators to destroy the monuments of the piety, 
 patriotism, and glory of our fathers. 
 
 CIVIL LIBERTY OVERTHROWN. 
 
 Mass Meeting^ Mount Holly, N. /., Sept. 28, 1863. 
 
 Fellow-citizens : I am here to-day, in obedience to the invitation 
 of your committee, to speak a few earnest words in behalf of outraged 
 liberty, aiiid in vindication of that Constitution whose every provision 
 has been most shamefully violated by the men in power. I claim the 
 right, as an American freeman speaking to American freemen, to arraign 
 this or any other Administration before the grand inquest of the Ameri- 
 can people, Avhenever their acts have been of such a character as to bring 
 them before that bar for trial. Did I shrink from that duty I should be 
 all unworthy my citizenship, recreant to the principles taught me by a 
 worthy father, and unfit for the enjoyment of those privileges won for 
 me by the blood of a revolutionary ancestry. As an American freeman, 
 I know no such word as loyalty, except its meaning be devotion to law. 
 I know no devotion to any man or set of men. There is nothing in 
 xVbraham Lincoln or his Cabinet to call forth any greater devotion in 
 this hour of war than there was in James K. Polk and his ; and yet 
 upon this very ground, out of the mouths of men who now arraign us 
 for treason in denouncing the Administration during war, might have 
 been heard, in 184Y, the most violent denunciations of James Iv. Polk 
 and the war policy of the Goverinncnt. My position is based upon the 
 
54 JAMES W. "WALL. 
 
 theory tliat I live under a republican form of government, of limited 
 and defined powers and jurisdiction. The people of this country were 
 its creators, and that government is their creature. Their duty of obe- 
 dience to it is simply commensurate with the powers and jurisdiction 
 with which they have invested it, and, beyond that, it has, and can have 
 no manner of claim of authority over them. The sovereignty of the 
 people is original and plenary ; that of the Governments they have 
 originated, for their own welfare, both State and National, derivative and 
 partial. The people, therefore, only owe so much submission and fealty 
 as is correspondent with that measure of sovereignty they have delegated 
 — no more, no less. These men in power are my and your trustees. If 
 they arc faithless to the trust, shall not those who gave the power and 
 reposed the trust complain ? If agents exceed the powers given in their 
 commission and assume authority the principal never intended to confer, 
 shall not the principal complain without being charged with antagonism 
 to the ■ commission ? The Constitution is the people's commission, the 
 A<lministration are simply their agents ; and shall these men violate every 
 fundamental instruction in that commission, and the people (the princi- 
 pal) have no right to complain without being charged with antagonism 
 to the Constitution ? 
 
 T have yet to learn that one American citizen is under any obligation 
 to approach another American citizen, certainly in no sense more than 
 his equal, with genuflexions or with duckings of the head. Men may 
 " bend the pregnant hinges of the knee, that thrift may follow fawning ;" 
 and most of the fealty, loyalty, allegiance — call it what you will — of the 
 Republican party to-day is of this character. But I know nc^thing of 
 this kind of loyalty, and I leave it to the shoddy contractors, the camp 
 followers, and public plunderers, who are coining the blood and bones 
 of their countrymen, and ride in wealth as the country's fortunes sink. 
 If I choose to question the wisdom, canvass the policy, doubt the in- 
 tegrity, or, if need be, resist the corruptions or usurpations of those who 
 hold and prostitute power in this country, I can assure you I will do it 
 though all the terrors of imprisonment, banishment, nay, even of death, 
 surround me. They tried to teach me not to resist in Fort Lafeyette, 
 btit I graduated without learning it. If there must be loyalty in a free 
 republic, let it be simply loyalty to the Constitution and the laws. I 
 know no other, and will not bow myself at the shrine of any other. 
 
 I hold, and ever have held, that the Constitution is the Union. We 
 have heard a great deal, during this wretched strife in which we are 
 engaged, about preserving the national life. Tlie Constitution and the 
 Union, according to the theory in which I have been taught, are one and 
 inseparable. In fact, the Constitution was made " to form a more per 
 
CIVIL LIBEETY OVEETHROWN. 55 
 
 feci TJnionr They live in and tlirough and by each other. ^Mien tha 
 one perishes, the other dies ; the destruction of the one involves the 
 subversion of the other — nay, the siihversion of the Constitution is revo- 
 lution, for it changes the whole fabric and frame-work of our Govern 
 ment. I care not whether the blow come from the South or North fliat 
 is aimed at the Constitution, it is aimed at the nation's life. In that 
 Constitution the reserved rights of the States are there secured — the 
 granted powers of the Government are there defined — those great abso- 
 lute rights of the citizen, securing free speech, free thought, and a free 
 person, are there. There are the clauses which protect the citizen's 
 person from arbitrary arrests, his property from arbitrary invasion, and 
 his life from arbitrary interference. These are to be found in the amend- 
 ments to the Constitution that have been most appropriately called " The 
 Ten Commandments of American Freemen^ It is true they were not 
 delivered as those of old w^ere, mid the lightnings and thunders of 
 Sinai, but they were no less written upon the hearts of freemen by Di- 
 vine inspiration. They are God-given ^rights, to be enjoyed as the air 
 you breathe, or as the water you drink ; and the man who would deprive 
 you of them is a tyrant, and the men who would submit to such depriva- 
 tion are slaves, and deserve to be such. 
 
 Now all these sacred, absolute rights of freemen have been ruthlessly 
 trampled under foot by Abraham Lincoln and the members of his Cabi- 
 net. " I can touch a bell on my right hand, my lord, and arrest a citi- 
 zen of Ohio; I can touch a bell on my left and arrest a citizen of New 
 York — has your Queen such power ?" said William H. Seward to Lord 
 Lyons. If you, my fellow-citizens, hold these God-given rights at the 
 bidding of such men, then your Constitution has but a name to live, an 
 outer-seeming to beguile and deceive — it is but a delusion and a snare 
 — it is the worthless husk when the golden grain is gone — the empty 
 casket from which the jewel has been stolen. It was for the utterance 
 of such sentiments as these that I was torn from the midst of my shriek- 
 ing family by the myrmidons of the Administration, and consigned to 
 the damp casemates of one of its vile bastiles, and I am here to reiterate 
 them, and will do it while I have a brain to conceive or a tongue to 
 utter. No man can tell, my friends, how the iron of persecution has 
 entered my soul ; how the ban dogs of hate and lying malice have been 
 let loose upon my tracks. I have had fo endure the lying tongue of 
 slander, the half-averted countenance of men once my friends, the perse- 
 cution of members of my own party — that party in the defence of whose 
 principles I have given the best years of my life ; but I can bear it all, 
 welcome it all, nay, glory in it all, if I can once more sec the triumph 
 of the honest Democracv of the land over the foes of Constitutional 
 
56 jAMi:s vr. wall. 
 
 Liberty, Yes, I can bear it all — "hate's yell, envy's biss, and folly'p 
 bray" — keeping my firm gaze upon the future — trusting that that future 
 shall yet vindicate me in that hour -when these oppressors of mankind 
 shall call upon the rocks and mountains to cover them from the over- 
 whelming wrath of an indignant people whom they have so basely 
 betrayed. 
 
 The men in power to-day who have committed these gross outrages 
 upon the trinity of freedom — freedom of person, of speech, and of the 
 press — pretend to justify them on the ground of necessity, by virtue of 
 what they are pleased to style tlie war power. Shakspeare, who scru- 
 tinized with sucli keen gaze, the past, tlie present, and the future, fore- 
 knew the ways of 1863. A plain question being asked by certain citi- 
 zens of Venice, concerning outrages upon their rights, the Commander- 
 in-Chief 
 
 " Evades them with a bombast circumstance, 
 Horribly stuffed with epithets of war." 
 
 This was the war power as it answered in Venice, centuries am-o. It is 
 the war power that answers in 1863, Avhen certain gross outrages are 
 complained of, which, being interpreted, means simply the will of Abra- 
 ham Lincoln, the Commander-in-Chief, or Ambrose Burnside, Major- 
 General. For a long time "this war power of Lincoln was a puzzle to 
 me ; but a little scrutiny revealed to me that it was only William II. 
 Seward's " Higher Law," dressed in soldier's clothes. You all remem- 
 ber the Higher Law before it got its soldier's clothes on, and spoke such 
 swelling words out of the mouth of Seward, as " being above the Con- 
 stitution," and out of the mouth of another Abolitionist, denouncing the 
 Constitution as "a league with hell and a covenant with death." But, - 
 my friends, William H. Seward cannot claim to be the progenitor of 
 this Higher Law. It is considerably older than Mr. Lincoln's Secretary 
 of State. It is as old, in fact, as absolute government. It has been the 
 companion and the power behind the throne, greater than the throne 
 itself, of every tyrant since the world began. It was with the old As- 
 syrian and Ninevite monarchies. It sat by the side on the oriental 
 thrones of Tamerlane and Ghengis Khan. It was with Sylla in his 
 bloody proserij)tions ; it was with Nero when he made a bonfire of 
 Jiome and wrapped Christiahs in the skins of wild beasts, that tliey 
 might give light at night. It was with Tiberius Cicsar when he declated 
 from his rock at Capre that high treason consisted of thinking evil of 
 the imperial family, and sent thousands to prison and to death. It was 
 with John when its mad teachings stirred up the rebellious barons to 
 extort from the frightened king that memorable declaration — '' No man 
 
CIVIL LIBERTY OVERTHROWN. 57 
 
 shall be seized or disseized, neither will we go upon him or come upon 
 him, save hy the judgment of his peers or the laws of the land." 
 
 It was with Charles I. when he marched down to the House to arrest 
 the refractory members of Parliament, and it only deserted him, with a 
 iiendish laugh, when he mounted the scaffold, and saw him safe in the 
 executionei"'s hands. The Higher Law was with James H. when lie in- 
 vaded Ireland, repealed the act of settlement, and attempted to suspend 
 the high privilege of the writ of habeas corpus. It was with the I'uritan 
 rulers of New England when they whipped, hung, and branded Quakers 
 and Baptists in Massachusetts. It was with George III. when he signed 
 the stamp act and the act imposing a tax upon tea. It accompanied 
 John Brown into Virginia, and taught him that Sharp's rifles and Massa- 
 chusetts pikes were better means to emancipate slaves than the old Con- 
 stitutional methods. It passed the personal liberty bills iu the New 
 England States, and framed the platform at Chicago. It produced the 
 irrepressible conflict between freedom and slavery, and it is now " the 
 power at Washington behind the throne, greater than the throne itself," 
 suggesting and advising Lincoln in all the course of his opposition to the 
 Constitution. But now this ancient and venerable functionary appears 
 for the first time during this century in soldier's clothes, and is called 
 the War Power. He sports the single star, wears the cocked hat, and 
 holds the commission of a Major-Gcneral, and there is a more imperious 
 tone to his voice, and a greater emphasis in his commands. He stood 
 by Burnside when he tore Vallandigham from his weeping wife and 
 child by a band of aj-med ruffians. He whispered to Lincoln, "Banish 
 him," and he banished him. He induced Lincoln to issue his Emancipa- 
 tion Proclamation, to sign the Confiscation and Conscription Acts, and 
 issue his Proclamation suspending the privilege of the writ of habeas 
 corpus ; and to countenance all those measures which have added ten- 
 fold strength to the Confederate arms. 
 
 My friends, did you ever read the German drama of Faust ? Faust is 
 a learned German doctor, who, through the agency of magic, raises the 
 devil and sells his soul to him. The devil comes at his call and becomes 
 his servant. He gives him power and dominion over others. Faust has 
 power, but no peace, and every day he feels the tyranny of hell more 
 keenly. In vain he seems to himself to assert the most absolute power 
 over the devil, by imposing the most apparently ii^iipossible tasks. One 
 thing is as easy as another to the devil. " What next, Faust ?" is re- 
 peated every day with more imperious servility. Faust groans in spirit, 
 his power is a curse. He commands women and wine, but he cannot 
 command peace. Finally, he begins to look for a charm in his magical 
 books, by whicli he may be enabled to cheat the devil about the bargain 
 
58 ja:mes w. wall. 
 
 he has made ; bnt in vain. Sometimes the devil turns over the page for 
 him, and pointing with liis finger says, " Tr>/ (hat, Faust." Finally, 
 tune's up with Faust, and the devil vanishes with him at midnight, in 
 such a storm of lightning and thunder as ncv.cr shook the towers of 
 "Wurtemberg before. I have often thought that this drama of Faust was 
 being played over again in Washington, but this time with real charac- 
 ters, with Lincoln in the character of Faust, and his " War Power" as 
 the devil, the juggling fiend to whom he has sold hLs soul. That war 
 power has lured many potentates to destruction before Lincoln, and 
 there is no reason why Abraham First should prove an exception. 
 Charles First, without a written Constitution, never committed half as 
 many crimes against popular liberty as this Lincoln, under a written 
 Constitution of defined powers, and yet the Stuart lost his head. 
 
 A few more words upon the character of these outrages, to show how 
 monstrous and perfectly indefensible they are, and I will pass to the dis- 
 cussion of other matters. I have said that these gTeat rights guaranteed 
 in the amendments to your Constitirtion were absolute riglits. Admit 
 the right of Lincoln and his Cabinet to deprive the citizen of his liberty, 
 not in the military service, for an alleged civil otience, "without due 'pro- 
 cess of lau'" by a telegram, as has been done, and you must admit the 
 right to take your property, nay, your life, in the same high-handed 
 manner; for the same clause that protects your liberty, protects your 
 life and property. Nay, further, admit the right to violate one of these 
 clauses in the great Bill of Rights in our Constitution, and yob admit 
 the right to violate all. There is one clause which distinctly says, " no 
 cruel or unusual punishment shall be inflicted." Lincoln has assumed 
 the right to introduce the punishment of banishment in \'allandigliam's 
 case — he has the same right to bring back the peine forte et dure, the 
 thumbscrews, or any other of the cruel punishments that in the old 
 world so disgraced the annals of the criminal law. If not, why not? 
 If these rights be thus yielded to the unprincipled Administration, I 
 shall be very happy to learn from its supporters wherein Lincoln's gov- 
 ernment will difter from the despotism of Russia, Turkey, or Persia, or 
 fi'om that of his sable cousin, the King of Dahomey, who claims not 
 only the right to torture and kill his subjects, but to eat them, and it 
 works attainder of blood, if tlieir flesh does not set well upon his royal " 
 stomach. Men who, under a wi'itten Constitution, with powers expressly 
 defined, contend for the existence of any such absolute authority in an 
 Administration that is the mere creature of the popular will, are either 
 ?:nave3, fools, or cowards. They are welcome to either horn of the 
 dilemma. Most certain it is, they are unworthy the privileges vouch- 
 safed to them by a patriotic ancestry, who declared that " resistance to 
 
CIVIL LIBERTY OVEETHROWJS". 59 
 
 tyrants was obedience to God." Ceiiain it is, that the Adruinistration, 
 in assuming such powers, have ti'ansccndod the authority vested in them 
 by the Constitution, and to that extent should be resisted to the Umits 
 of our constitutional powers. 
 
 All these abnormal acts of which I have made complaint have grown 
 out of the existence of a civil war, such as no other country has wit- 
 nessed before, a civil war which has already slaughtered hecatombs of 
 victims, destroyed the material wealth of the country, demoralized its 
 people, and is piling up a frightful national debt, which will weigli like 
 a fell incubus upon your loins and that of your children's children to the 
 remotest generation. It was first pretended that this war was to be 
 waged for the preservation of the Constitution and to restore the integ- 
 rity of the Union ; vain words ! or as Carlyle would say, " meaningless, 
 full of abysmal nonsense, and chaotic balderdash," because the Consti- 
 tution had never conferred the power to make war upon States, under 
 the pretence of crushing out rebellion, and the men who framed that 
 Constitution had said, "a war upon States by the Federal Government, 
 under the pretence of putting down rebellion, would be civil war, and 
 civil war must destroy, not preserve your government," apd "the sword 
 may divide, but can never reunite the Union." Tlie war, then, in its 
 inception was an usurpation of power not granted in the Constitution. 
 This war for the Union and the Constitution soon developed itself into 
 what it is now, a war for negro emancipation and Southern subjugation; 
 and as a fitting means to such an end, this abolitionized Administration 
 commenced and still continues its attacks upon the freedom of the white 
 race of the North, that they may crush out of them that spirit of resist- 
 ance which as freemen they will manifest, but as slaves never. How 
 far the present alarming condition of our affairs may justify what I say 
 you can well judge, as you stand amid the shattered wrecks of your 
 past liberties. Step by step, one civil right after another has been taken 
 away, and now, since the issuing of the Presidential Proclamation, sus- 
 pending everywhere the privilege of the writ of habeas corjms, the paral- 
 lels of despotism are close upon that last intrenchment of liberty, the 
 ballot-box. For the defence of this, you and I must struggle to the 
 death ; for if surrendered, the cause of civil liberty falls powerless be- 
 neath the iron heel of the most remorseless military despotism the world 
 has ever known. And yet men professing to be Democrats in the 
 midst of the wreck of their civil liberties, with every right taken away ; 
 with the civil courts closed to their appeals ; with their personal liberty 
 at the mercy of every military satrap; with not even tlieir homes or 
 family altars safe from the armed tread of a military despotism " that 
 neither slumbers nor sleeps," are still in favor of the war. When their 
 
60 JAMES W. WALL. 
 
 weeping wives and screaming children may have to witness, as mine 
 have done, the husband and the father torn from their clinging embrace, 
 and liave no redress, no court to which they can appeal, no tribunal be- 
 fure which they can be heard ; in the midst of it all, their cowardly 
 tongues are talking complacently, blandly, and sweetly " of a vigorous 
 prosecution of a war for the Constitution and the Union." With the 
 Union rended as by the convulsions of an earthquake ; with a red sea 
 of blood rolling in a surging torrent between ; with the Constitution in 
 fragments at their feet; with all the civic rights that men hold dear 
 trampled beneath the heel of a military despotism; these serene, un- 
 ruffled politicians, who love policy better than principle, and who would 
 rather forego the loss of every civil right, than the loss of their chances 
 of office — many of whom are now basking in the smiles of official patron- 
 age, utter in gentle accents their cry for a still further prosecution of 
 this war, which has already swallowed up all that was valuable of civil 
 liberty, and all that was heretofore sacred as a constitutional obligation. 
 
 The crews ingulfed and fast going down in the treacherous embrace 
 of the Norwegian maelstrom, might as well insist that the horrid grasp 
 of those wild waters was necessary for the future safe navigation of their 
 already doomed vessel. The whirl of the waters of civil war will nevei 
 float in safety the good ship of the Constitution and the Union. There 
 never yet was a civil war waged that did not encroach upon the liber- 
 ties of the people ; that did not multiply taxes and tax-gatherers, and 
 did not get the armies of the kingdom more arid more under the con- 
 trol of the central power. There is, there can be, no reason why this 
 nation should prove any exception to the rule. 
 
 By a political and cunning Administration, through the agencies of a 
 remorseless civil war, the people of the North have been cheated almost 
 entirely out of their liberties ; and when every barrier is broken down, 
 this Administration may expect, tlirough a large standing ?irmy, to keep 
 and hold every position they have won. It signifies nothing to say that 
 our armies are composed of such men as cannot be supposed to be ever 
 willing to join in any measures for enslaving their country. " Use doth 
 breed a habit in a man." Those soldiers that Burnside sent to drag 
 Vallandigham from his half frantic wife and child, if three years ago 
 they had been told that they would ever have been guilty of such an 
 atrocity as this, must have repelled the suspicion as the grossest insult 
 you could offer them — now they glory in it. We know the passions 
 and inteiests of men, and we have witnessed how easy it is to sway them 
 dui-ing the last two years of a remorseless civil strife. Beddes, we know 
 how dangerous it is to trust the very best of men with too much power. 
 Where was there a braver army than that under Julius Cresar, or that 
 
CIVIL LIBERTY OVEETHEOWjS". 61 
 
 served their country more faithfully ? That army was commanded 
 generally by the best citizens of Rome, by men of great fortune and 
 patriotism, and yet they did not in the end hesitate to consent to the 
 subjugation of their country. It is an axiom in the world's history that 
 military and civil power cannot long subsist side by side, without the 
 civil power being forced to succumb. 
 
 I have seen enough to satisfy me, my friends, that the Abolition 
 fanatioism of our country has got the control of the Administration, and 
 that this war, once pretended to be waged for the Constitution and the 
 Union, is now waged for the emancipation of the black race, and for the 
 entire subjugation of the white race of the South. That it will, that it 
 can accomplish neither, I am well satisfied, and for such a purpose you 
 may wage a war for twenty years, that shall be fruitless of any results, 
 except in the entire overthrow of civil liberty, and the prostration and 
 ruin of both sections, leaving them an easy prey to the ambitious de- 
 signs of foreign powers. If you are willing to wage such a war, then 
 do ail in your power to keep the present Administration where they 
 are; if not, oppose it at the ballot-box, and under a change of Adminis- 
 trations may come a change of policy which may yet restore peace to a 
 torn and distracted country, build up the waste places, and when in the 
 words of Nicholas Biddle, " These banditti may be scourged back to 
 their caverns, and the penitentiaries reclaim their fugitives in office." 
 
 It is astonishing, my friends, what parallels may be found in history 
 for our present condition. History has been declared " Philosophy 
 teaching by example ;" and it is so to any man who will stud}' its wise 
 precepts. Several confederate Italian provinces to whose courage and 
 industry the Roman Republic in a great measure owed its meridian 
 splendor, despairing of obtaining by fair means the privileges to which 
 they had every reasonable claim, took up arms. They founded a new 
 capital, they constituted to themselves a senate, and they chose Con- 
 suls. The mass of the people of Rome called aloud for vengeance on 
 their ministers and politicians, to whom they ascribed the war. A 
 resolute Tribune had the courage to impeach the ostensible contrivers 
 and managers of so unnatural a war. The Roman Senate, though aided 
 by its old enemies, the Gauls, and by many whose patriotism, as in our 
 time, was not quite proof against State artifices and venality, was at last 
 compelled to cede with a very bad grace, those terms which ought at 
 first to have been accorded in amicable compact, Durino; that social 
 war was spilt the best blood of Rome. In less than three. years three 
 hundred thousand perished on the field of combat. But there was a 
 still more fatal consequence, for it was in that school that Marius, Sylla, 
 and other aspirinaj leaders learned their first rudiments of despotism, 
 
62 JAMES T7. WALL. 
 
 and familiarized themselves to the massacre of their fellow-subjects. 
 The sword unsheathed by order of the Roman Senate and under the 
 ahihority of the Roman people, to deprive of their dearest rights their 
 associates and brethren, was not returned to the scabbard until Rome 
 lierself had felt the sharpness of its edge in her inmost vitals. Familiar- 
 ized to domestic slaughter and military sway, they could not prevail 
 upon themselves to stop until they had subverted the Constitution and 
 totally annihilated the liberties of the whole Commonwealth. 
 
 In short, by this war and its results, the Romans were irrevocably 
 undone. Hence the perpetual dictatorship ;• hence the succeeding tri- 
 umvirs, and, at length the throne and tyranny of Ca3sar. History 
 points to these stories of the downfall of nations and the overthrow of 
 their liberties as beacon lights to warn us from those rocks on which so 
 many stately argosies were dashed to pieces. Regardless of the 
 gleams of the warning light, we are madly driving the ship of State 
 upon the same treacherous rocks, and nothing but Divine interposi- 
 tion can save us from the same fate. Mad with the passions of the 
 hour, animated by a blind fanaticism that is reckless of consequences, 
 we witnessed history repeating itself in the same sad story of the past. 
 AVe heeded not, but pushed madly on, supposing, in our insane pride, 
 that this nation could escape the terrible consequences that have ever 
 followed from the desolating influences of civil war. National vanity 
 and superciliousness uttered great swelling words, and indulged in 
 boasting whose v.emptiness and vanity have made us the laughing-stock 
 of Europe. After more than two years of a struggle with a foe vastly 
 inferior to us both in numbers and resources, with varying successes, 
 the North fin<ls itself to-day no nearer the accomplishment of its object 
 than when the war begun. Like the earth-born giant of old, the South 
 seems to gather fresh strength from every fall, and to-day is pressing 
 the North with a stubbornness such as she has never exhibited before 
 in the struggle. It is in vain the Republican journals and the Adminis- 
 tration repeat the well-worn storj-^f the collapse of the rebellion, the 
 breaking of its backbone, and other kindred absurdities, with which, for 
 the last two years, they have been endeavoring to deceive this people. 
 It is evident that the people do not believe them, for they can discern 
 from the signs around them that the task is no nearer accomplishment, 
 if it is not rendered more difficult than ever. 
 
 In the mean time, the effects of the continuation of this wretched 
 civil war are being felt everywhere at the North. Men are learning 
 despotism in the same school where Marius and Sylla were taught. As 
 one looks round upon the condition of our affairs here at the North, 
 we am exclaiia with Silius, in Ben Jonson's play of "Sojanus:" 
 
 r 
 
CIVIL LIBERTY OVEKTHROWN". 63 
 
 " Well, all is worthy of us, were it more, 
 "Who, with our riots, pride, and civil hate, 
 Have so provoked the justice of the gods : 
 We, that within these four-score j'ears, were born 
 Free, equal lords of the triumphed world. 
 And knew no masters, but afloctions ; 
 To wliich betrajdng first our liberties, 
 We since became the slaves to one man's lusts, 
 And now to many : every miuist'ring spy 
 That wiU accuse and swear, is lord of you, « 
 
 Of me, of all our fortunes and our lives." 
 
 Our own follies, our own base corruptions, prostituting tlic electivG 
 franchise and putting up our best offices for sale, sacrificing jirinciple 
 for policy, and our sense of right* for a base, truckling expediency, have 
 brought this punishment upon us. The times were out of joint ; the 
 men were not the same as heretofore. We were base, pooi', and 
 degenerate, from the exalted strain of our great fathers. Those mighty 
 spirits lie raked up with their ashes in their urns, and not a spark of 
 their eternal fire glows in our bosoms. Had we followed their brilliant 
 example, and listened to their precepts, the curse of this civil war 
 would not be upon us to-day. Let it be our duty, in the future, to do 
 what in us lies to hold up the memory of these great names, that the 
 people, plague-stricken as they are, may look up and live. We must 
 come back to the early principles of this Government, or we perish as a 
 nation. We must overthrow the party in power, who have shown by 
 their acts the wickedness of their designs, and who are fast breaking 
 down not only the defences that guard our liberties, but those that 
 make out the rights of the States. Consolidation and centralization 
 are the objects and the aims of these usurpers. It is through cen- 
 tralized power, permanently established, that they expect to rear a 
 despotism upon the ruins of what was once a free republic. 
 
\ 
 
,ei2e27^35 7^ii^ FOR THE TIMES, 
 
 I' U BUSHED BY 
 
 J. WALTPJB & CO., 
 
 lO Oit^' Hall Square, ]VeAV ^^orli. 
 
 ♦•♦-- 
 
 L Jttat Puhlished a K-^w Work, tnlitied 
 
 SPEECHES, ARGUMENTS, ADDRESSES, AND LETTERS OF 
 CLEMENT L. VALLANDIGHAM. 
 
 This book oi>ous willi a Biograpliical Sketch, more full and .ocomaio than any 
 hitherto published; after which follow Speeches, Addresses, and other docunieuts; 
 then a Supplenicut, containing a large amount and variety of interesting matter. 
 The work is tluis a very full presentation of the political and personal history of 
 the distinguished Statesman to whom it relates. It is made in the best style, and 
 is in everv respect such a book as ihe numerous friends of Mr. Vallandigham will 
 be delighted to have. It furnishes also the materials with which to meet his ene- 
 mies and assailants at any point wliero Ihey may choose to make their attacks. 
 
 The book contains 580" pages, 8vo, with a new steel-engraved likeness. Price, 
 by mail or expro8.s, prepaid, $3.00. A libcmi discount to Agents and the Trade. 
 
 IL "Wc liavo aLso in the hands of the slereotypers a new work, entitled 
 
 Speeches for the Times, by Western Men. 
 
 The materials for liiis worlc have been contributed by C. L. Yallan'digu.w, 
 (Jeorge ]5. I'uciii, George II. Pexdleton', R. T. Merrick, D. W. Vookhees, and 
 S. S. Cox. The Speeches have been selected for this work by their authors ; and 
 to eacli is prefixed a brief Sketch by the editor, giving somo of the principal point.s 
 in the political history of tlie author. There are three fiie Btcel-engraved like- 
 nesses, — Yai^landigiiah, Merrick, and Cox. Tlie general appearance, style, size, 
 and price of ihe book, will be tlie same as the one above naioed. 
 
 III. Wo have alsq at the sterootypers, another work of a similar ehara^.'ter, 
 entitled 
 
 Speeches for the Times, by Eastern Men; 
 
 containing Speeches, Arguments, itc, l.iy Frakkux Pierce, .Tami;3 A. 13ayard, 
 Isaac Toucey, James W. W'at.l, Wm. B. Rekd, BexjamixWood. Ciias. Ixger-soli.. 
 John McKeon, and Thomas IT. Seymour. 
 
 The volumes above named have lieen prepared with great care and labor, and 
 contain in the aggregate, a most valuable collection of political literature bearing 
 directly upon the great questions now at issue. They will b^ needed by every 
 one who desires to be fully informed in regard to the true causes, history, and 
 character of this life-or-doath struggle for the preservation of republican insti- 
 tutions. 
 
 IV. VALLANDIGHAM' S RECORD. 2G0 pages, Svo. Price, cloth, 
 $1.00; i)aper, 50 cents. This is the book of which wo sold eighteen thousand 
 copies in si.^ montlis. A few pages have been added, and the work is now .selling 
 at a little less than th.e old price. — very low for those tinifs. 
 
 Jnhj 25, 1SC4. J. W. & t.'o. 
 
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