^hH^H '^^MCf^H ^^^^He 'iJSli^l ^H ■ ^^B' ^H ■ sirii'JS;; ■ : n LIBRARY OF CONGRESS DDDDbmaiilH ■I v^'.-^-tX/'- 5°^ •V^ •!•;?- 'i^i ^^'% • v*.** '^ ^6^ o^v*-'^ 'O > .• '^°^'^^^ '^'^"'■'^^^"^'^ -^f ^p"^,*!.:;^'* * .^^' ■o^**-..^'' ^0 ^ ♦•« .*'% °.^^'- ./\. ^te' . **'"*. "o. ♦.^rr* ,^ ^9^ ep-^^. 5-' q*. *.» ^^ -.- '-^^ "'\o^ .i:,^'* ^;^ '*..** :MS:> \/ /«SK»»-. *^ .* .-. T.-'o' ».°-n^. ^^^<^^ • 1 '^v -j^lM: V- <> 'o iP-n^. «" ^^^ .V * A" ^^ *;?^^o-* ^-^^ «^- * ■0^ : ^^' 0' <-& .v' ..„ -^^ ■+^; CIVIL WAR FPi03I AN ABSURDITY, THE SOUTH WRONG IN THIS WAR. THE NORTH WRONG WITH REGARD TO SLAVERY AND AS TO THE PRINCIPLES OF OUR GOVERNMENT. Clje ^^Initcir States NEITHER MOXSTER XOR MONGREL BUT A PURE FEDERAL REPUBLIC, A PLEA FROM TOE YOUNG WEST, THE GIANT OFFSrUING OF UNION, FOR THAT UNION AND FOR OUa FEDERAL GOVERNMENT AS INSTITUTED BY OUU nONOKED FATHERS. By J. S. WRIGHT. LET WELL ENOUGH ALONE. ^il,e f^tat» ,,^ CHICAGO, 1862. ^^ Individuals receiving this are desired tooUain siieedily as possi- Ne what subscrijytions they can, and remit the funds immediately to Lewis A. Sayre, M. D., 795 Broadicay, New Tori City, with full di- rections how to forward the hooks. They are then desired to send this circular and the sulscriptim, paper to some one who will tahe an interest in the tcorl, in an adjacent town, for Mm to get Subscribers, and he to another, and so on, till the worh is well distributed. The worh is put at the low price of $4 for single copnes, and it is hop>ed that many gentlemen xcill sid)scribe for 5 or 10 cop>ies or more, for distribution, and for suc7i the price is to be only $3. It is earnestly desired to have as many copies as possible in the hands of the p/eople by the ith of July. Orders will be filed in the order re- ceived, and it is believed that all coming to hand by the 20th or 25th of June can be supplied. Though compelled to resort to subscrijjtions, the work wiU not be issued elandestinely. It is true to our Oovernment, administered on tlie Fed- eral basis. A copy of this circular is sent to President Lixcoln, and proof-sheets of the icorh, as fast as printed, will he mailed to Mm. TJie design ivas to print in this form with Long Primer type, hut the volumes would he thich and clumsy, and they icill he changed to ootavo and Small Pica Type. ^In ^tinotx'Ati) THIS HUMBLE ¥OEE IS DEDICATED, IN THE EAEXEST BELIEF THAT IT CORRECTLY DELINEATES THE FORM, PRIXCIPLES A^"D OBJECTS OF OrR GOYERXMEXT, AXD ALSO THE CAUSES OF DISUNION; AND -WITH FULL COXFIDEXCE THAT WHEX THE PEOPLE IX THE SOUTH AXD IX THE XORTH REALIZE THESE TRUTHS, THEY WILL WITH OXE HEART DESIRE TO RIGHT THE WRONG AND REUNITE OUR COMMOX COUNTRY. He who has abiding faith in the Principle of Self-Govern- ment — who would preserve Sovereignty in the People — is a Democrat, by whatever other party name he may be called. Such were most of our honored Fathers, and they organized their Governments with special reference to the safety of Popular Rights. Well apprehending the aggrandizing nature of Power, and fearing the loss of Sovereignty, as its strong- est safeguard, tliey instituted this Federal Republic. As a simple Republic, all Authority confided to one set of oflScials, usurpations might be effected, whereas, to divide part to their State Governments, and part to their Federal Govern- ment, created weighty checks one upon the other. Their natural jealousy would cause each to Avatch, lest undelegated Power was stolen by its rival from the People ; and all Au- thority being conferred by written Constitutions, and the rest reserved to the Sovekeign People, no mistake need be made. Yet herein Avas the danger foreseen to lie. The Fathers dreaded lest Powers undelegated should be exercised, at first, perhaps, upon plausible and })atriotic grounds, Avhich would lead to more and more encroachments, till all Authority should have been absorbed, and Sovereignty transferred. The dan- ger, too, was seen to lie in the Central Government. Large Powers must be given it to accoinplish the j)urposes of Union, which corres})ondingly increased the danger. But they had, as they believed, ample protection in the State Governments, 1* 10 CIVIL WAR FEOM AN ABSUEDITY. and also in the fact, well understood, that no Power could be exercised, not authorized by the letter of the Constitution, Such were the fears, however, of this untried Federal Sys- tem, so loth were the People to entrust it with Power, that the first Constitution was soon found impotent for its purpose. A second was formed in 1787, on the same Federal principle, but modified in arrangement for the greater safety of the People. As more and important Powers must be delegated, a system of checks was created with which they had become famihar in their State Governments, the Powers being distri- buted to three separate and distinct Departments, special care being taken to guard against the Executive as most danger- ous. This went into operation in 1789. Most important was it that this great Central authority should be rightly started, and a kind Providence had pre- served to us the Father of his Country, under whose wise and judicious guardianship for eight years, no consider- able encroachment was allowed, except, perhaps, one in the Bank of the United States, and another in territorial manage- ment. The principles of Republican Democracy had ruled. But the succeeding Administration of Mr. Adams, inaugu- rated a diiferent policy, operating upon the idea that we were a consolidated instead of Federal Republic. The high-handed usurpations of Congress — legitimate fruits of the prevalent belief — in enacting the Alien and Sedition Laws, aroused the Democracy to the danger of their liberties, and the Consolid- ists, miscalled Federalists, were swept from power. The Democracy have almost continuously administered the Government, and mainly within constitutional Umits, the chief errors being in territorial management. Our Country has had a career of prosperity unexampled in the world's history, and because of its being governed upon Federal principles as fixed by our Fathers. Wherein these have been swerved from, have difficulties and dissensions arisen. The error came into vogue that we were "partly national" as well as "partly federal," and some of the conscientious but fanatical people of the North, acting upon this notion, have created alienation CIVIL WAR FEOM AN ABSURDITY. 11 of feeling on the part of the Sputh, till terrible war has re- sixltecl. This notion that we could be " partly federal, partly national " — that our Government is a monster — is herein shown to be impossible, and thence it follows that we are in Civil War from on Absurdity. Having gradually lost sight of the principles and objects of Federalism, and dreading disunion as our greatest calamity, misconceptions of our Union have increased till many now affirm that these seA^eral States no longer are possessed of Sovereignty, and that the United States are a consolidated nation. This is the critical epoch in our history, and if we are to be saved, the Democracy must again save us. Slow — awfully slow — are our leaders to discern the truth. President Lin'colx continues to believe that he can save his party and the Union too. He must send his party to its father, the Devil, or his Country goes to destruction. Noth- ing but the spirit of Democracy will preserve our Institutions in this crisis, and whoever will dare to resist it must be over- borne and run under, as have been the other enemies of Fed- eralism hitherto. Jeffersox DAvis, President of the Confederate States of America^ and the great majority of the South, Avould, I believe, to-day, favor reconstruction upon genuine Federalism. Of vital consequence is it to the Xorth itself that we reestablish our Government on that basis ; and if Abraham Lincoln, President of the United States of America^ yf\\\ refuse to lead the North back to these principles of our Fathers, let us go Avithout him. But I have still faith, notwithstanding his strange management, that in this struggle he leads the De- mocracy. The Democracy of the North are mainly carrying on this war, and Avith the holy purpose of preserving our Govern- ment and Union, They will have, too, the federal basis, and nothing else. The South, however, believe we are fighting to establish a consolidated Government, and the North and the Administration have given too much occasion for the belief. We must fight the South as long as they choose, but let 12 CIVIL WAK FEOM AN ABSURDITY. them no longer labor under the gross delusion that the North- ern Democracy, constituting the large majority of our people, wish to change, or ^\'ill alloAV any change, from a federal to a consolidated Government. We are as strong Federalists as any in the South, and even a large part of the Republican party will be found to belong to the Democracy upon the day of trial. When the South understands this truth, they will soon make jjropositions of jjeace and reunion, and not before. Because they believed the contrary, did they begin the War. This is a right and honorable course whereby the South and North can leave this dark and gloomy pathway of strife and bloodshed, and return into the bright and joyous sunshine of reunion, in which we have advanced in less than a century from being in- fant colonies, to be amongst earth's most powerful nations. But " it is not in man that walketh to direct his steps." Our Fathers sought Infinite Wisdom for direction, and so must we. Almighty God heard the prayers of our Fathers amid the perils of the Revolution, and gave us Union and Liberty. Agahi and again He listened to their supplication amid the discord and clashing interests in forming our Con- stitutions, and preserved our Union as the bulwark of our Liberty ; and in all succeeding dangers and difficulties has He heard and answered our prayers. Let us now from South to North, from East to West, all through this one rich heritage of God, in these still more perilous days, in this fiercer, more vindictive, most terrific struggle, — let us all unite in calling upon that same God of our common ancestry, and again will He hear and save us, for He has promised, and He is faithful to His promises. Let us also repent of our ingratitude and other heinous sins against God, and of our wrongs to each other, right our wrongs as far as in our power, and guard well against such folly in future. This grandest experiment in Self-Government the world has ever witnessed, must not be jeopardized by disunion ; and if preserved, it must be by the spirit of Federalism and the eiForts of the Democracy. Chicago, 20th May, 1862. J. S. WRIGHT. CONTENTS. VOLUME I. INTRODUCTORY. THE DUTY OF THE NORTH A DOUBLE FIGHT FOR NORTHERN UNION MEN. CHAPTER I. THE SOUTH WRONG IN THIS WAR. How the "War beonsibility for the War rests on the South, . The War must be vigorously prosecuted, . Friendship should make us Fight, Our Object, the Maintenance of our Government, The excellencies of our Government not appreciated, War alone cannot reestablisli cordial Union, Confidence to be placed in Mr. Lincoln's Leadership, The people to do other work than Fightmg, The South can never be subjugated, . Union sentiment must be developed in the South, CHAPTER 11. THE NORTH WRONG WITH REGARD TO SLAVERY AND AS TO THE CIPLES OF OUR GOVERNMENT. The North is in fault for this Secession effort, . Improper interference with Slavery, .... The South misled as to Republican Purposes, The South misled as to the Douglas Democracy, Northern Heresies as to the Union and the Constitution, Efforts of the Fathers to prevent Consolidation, . The Sons unwisely seek Consolidation, Our Union misapprehended, State Sovereignty our glory and strength, . CHAPTER HI. THE UNITED STATES A FEDERAL REPUBLIC What is a State, what is Sovereignty ? Further Governmental Principles, .... A Federal Republic, ... ... Some American notions as to Sovereignty, . Mr. Motley's opinion of Sovereignty, .... Opinion of Messrs. Everett, Curtis, &c. Contradictions between these American and old authorities Had we bodies politic under British sway ? These bodies politic were perfect, . . . . , Revolt of the Colonies — First Continental Congress, . The Second Continental Congress, . . . Did this Congress constitute a "National" Government? CONTENTS. 15 The Declaration of Independence — ilr. Curtis' View, Mr. Everett on the Declaration of Independence, Another reading of the Declaration of Independence, Sovereigntj- in the People of each State, . Mr. Everett admits State Sovereignty, Mr. Everett's Injastice to General Pinckney, Mr. Everett's Detraction of American Sovereignty, . Summary of Mr. Everett's Errors as to State Sovereignty, Personality Disavowed, ...... Sovereignty in the States claimed by themselves. States united — when ? how ? for what ? . . . The Articles of Confederation Inadequate to Preserve the Union, The Constitutional Convention — Appointment of Delegates, The Constitutional Convention — Its Difficulties, The Constitutional Convention upon Union — lis Letter, State Sovereignty under the Constitution, The Powers and Authority of the Constitutional Convention Constitution Ilarmonious, ...... " We the people of the United States . . . ordain," etc Judge Story on the Preamble, ..... " Powers granted," " vested in," etc., "The Supreme Law of the Land," .... Oath to Support the Constitution, .... Points in the Constitution adverse to Consolidation, . Another View of the Preamble, .... The Elective Franchise controlled by the States, The Senate represents State Sovereignty, . The Prerogative of Eminent Domain, Tiie -Itli Article perpetuates the States, Power to Amend tlie Constitution The llatitication of the Constitution, Mr. Curtis on the Ratification Mr. Everett on the Ratification, .... Mr. Motley on the Ratification, .... Debates in Convention on the Ratifying Clause, The Supreme Court on Ratification The Clause of Execution, ...... Amendments to the Constitution, .... The Amendments intended as a Bill of Rights, . " Rights retained" — " Powers not delegated," . The Constitution, then, has not changed State Sovereignty Its Harmony witli Established Science, Direct Conflict with International Principles, . A double coexistent Sovereignty impossible, 16 CONTENTS. The United States lack essential Sovereign Powers, . All Powers in the People of a State, .... Is our Government, then, Federal, " yational," or Mixed ? A Government partly Federal, partly " National," impossible. Why and how this wrong expression came into vogue, Mr. Madison's Letter to Governor Randolph, Governor Randolph's " National," or the Virginia Plan, Mr. Ciiarles Pinckney's Federal Plan, .... Mr. Patterson's Federal Plan, ...... General Hamilton's Plan, ....... The Ideas of the Convention as to Federal and " National'' The Errors follow into the State Conventions, . Summary of the preceding views as to State Sovereignty, The States assert their Sovereignty' under the Constitution, Opinions of the Fathers as to our Form of Government, . Debates in the Massachusetts Ratifying Convention, . Opinions of the Federalist adverse to Consolidation, . Errors in the Fedei-alist, ...'... " It is not a Compact, but a Constitution of Government," The Articles of Confederation were a Constitution of Government, The Constitution is a Letter of Attorney, .... The Constitution is a Charter, The Constitution is a Fundamental Law, .... The Constitution is also a " Confederation, League or Compact," Can a State annul its Letter of Attorney, Compact, etc., tiiat is, Nullify? Can a State Secede from the Union ? Mr. Everett on tlie Right of Secession Mr. Webster on the Right of Secession, .... General Jackson's Proclamation in 1833, .... Further objections to the right of Secession, Vattel's Opinion of a State's right of Choice, Is Secession a Constitutional right, or is it Revolution ? The right of Secession asserted by the South, . The right of Secession asserted by the North, . The rights of a State, those of a natural Person, CHAPTER in. THE TENDENCY OF OUR GOVERNMENT TO CONSOLIDATION. Tlie Errors of Messrs. Everett, Curtis and Motley generally prevalent, Errors in the Supreme Court, ........ Errors of the Republican Administration, CONTEXTS. 17 The President's first Proclamation, Proclamations Blockading Ports, ...... The Proclamation increasing the Army and Xavy, Proclamation suspending the Writ of Habcax Corpus, The injury of these Acts to the Union Cause in the South, These Usurpations dangerous to future Libertj-, The War Power no Justification, ...... Congress should have been immediately convened, . The Existence of "War should have been recognized and proclaimed, Tiiese false Teachers responsible for Mr. Lincoln's errors, . The natural consequences of these false Teachings, . CHAPTER IV. ERROnS AVITU REGARD TO THE TERRITORIES AND DISTRICT OF COLUMBIA. Of the Establishment of a Nation in a Territory, (Vattel,) A History of the Title of the United States to its Territory, . The Individual States are the Proprietors, .... The riglits of States in their common Territory, The right of free Inhabitants, a free People to Self-Government, Tlie Power of Legislation unfairly used towards the South, Tiie Observations of Justice between Nations The Rights of the Slaveholder were secured, .... CHAPTER V. T U E WRONG MUST BE R I G II TE D . "W'e must right our Wrong to save the Union, Value of tlie Union, (a chapter from Hon. P. XL r>urnett's pamphlet,) Consolidation inexpedient, ....••• Devotion to the Union should be based on sound reasoning, The object of Government, and the right to institute it, . The benefits of the Union in the past, a rational basis for estimating its benefits in the future, Difficulty of designating the dividing line between the sections, Frequent wars would be the consequence of permanent dissolution, Tliese wars would be carried on by regular soldiers, The evils of war, Effects of dissolution upon national credit, 18 Effects of dissolution upon the investment of capital, Dissolution fatal to supremacy at sea, Despotism the ultimate result of dissolution, A Despotism inimical to a free press, Dissolution exposes us to foreign aggression, France and England look to us for early Peace, All Humanity has claims upon us to do right, . CHAPTER VI. HOW SHALL THE REFORM BE BEGUN AND ACCOMPLISHED ? ] The "West will take the lead if necessary, . . . . The South should also call a Convention, A Constitutional Convention must be held, . - . . Change in electing the Executive, The Judicial System needs change, Congress should have Power to tax Exports, . . - - The Senatorial Representation must be made equitable, - The Representation of Slaves may be changed, - - - - Citizenship of tlie United States must be defined, Various minor changes, CHAPTER Vn. THE BENEFITS OF RIGHT DOING AND OF RESTORING OUR UNION. The Advantages to the North of Reunion, ' . - - - The Advantages to the South of Reunion, . . . . Objections in the North to Reunion, Difficulties in the South to Reunion, "Which, then, shall Triumph, Disunion or Union ? - - - Reunion honorable alike to the South and North, The Checks and Balances afforded by Reunion, Reunion must be established to prevent further Disunion, Disunion — a Western Republic, Danger of disunion in the South, Reunion necessary to prove the Benefits of Federalism, - The Desertion of Federalism the cause of all our Troubles, The Influence of this Federal Example upon other nations. How long shall Civil War last for an Absurdity ? - - - CONTENTS. 19 VOLTIME II. [The scarcity of works on international law, render it necessarj' to give lengthy extracts. Such extracts are usually given in an appendix, but are here put in Vol. II.] CHAPTER I. ELEMENTARY PRINCIPLES OF GOVERNMENT. Extracts from Pufendorf, Grotius and Montesquieu, . . - pages 200 [Vattel is largely quoted in Vol. I., and also other authors, showing clearly, with the other authorities, what Sovereignty is, what a State is, and its natural rights ; and also what constitutes a Federal Republic. I have more or less examined nearly every American vrriter upon our Gov- ermnent, and not one that I have seen— not even Mr. Calhoun— connects it properly with the established principles of the old authorities. Instead of following the clear and perfect system of Pufendorf, Ac, they have, for some inexplicable reason, followed Sir William Blackstone's lead, which has brought us into confusion, and even to civil war.] CHAPTER II. THE constitutional DEBATES. Extracts from the Madison Papers and Yates' Minutes, - - - pages 180 [Sliowing the intention was to frame a Federal, not a Consolidated Gov- ernment, and these are strengthened by extracts in Vol. I. from the debates in the State Ratifying Conventions, compiled by Elliot.] CHAPTER HI. Extracts from the Icckralist upon Union, le for self-government ? any necessity to admit the federal ])rinciple to be a failure ? Xot at all. Find- ing as we shall that our institutions are based upon federalism, and that departure from its principles has led us into all this difficulty and war, we have but to retrace our steps, get back into the paths made by our fathers, and continue therein, to again enjoy the happiness and prosperity which have been immeasureably sliowered upon us for seventy years. This is the last and severest test of our republican institutions — of the worth of a Federal Kei)ublic. Our system was sufficient, when far more imperfect, to gain us our sovereignty, freedom and independence, when in infancy we has to struggle against an old and mighty government, and it has given a constant and New Yokk, June 7tli, 1862, Dear Sie, — Professional duties prevent my calling to see you, and I therefore send a notice of a book that is being lorinted, for which I want your subscription. This paper will exphiin the character of the work, and having heard j^arts of the MS. read, I take great interest in having it circu- lated. Till information of this kind is widely disseminated and made operative, we cannot look for peace and reunion. Please send me your subscription for one or more copies, and men- tion it to your friends, and also mail this to some one you know in the country, in this or another State, and drop him a line urging him to get subscribers. Very respectfully your obedient servant, LEWIS A. SAYRE. SUBSCEIPTIOH. " Civil War from ax Absurdity." — 2 vols. 8vo., 500 to GOO pages each. To be issued only to subscribers. Price, in advance, $4 per copy, delivered or sent by mail, i)ostage prepaid. Five copies or over, $3 each, to be sent by express at subscriber's cost. The undersigned have paid for the number of copies of this work set against their names respectively, and desire them to be sent to the address as given : POST-OKFICE. Because this Avork sustains the South in the abstract right of Secession, no leading house will publish it, or even be at the trouble of looking into the merits of the argument. Being thus deprived of the accustomed channels in reaching the public, I am obliged to resort to subscriptions. Tracing out the history of our Government, and connecting it with principles of international law, which is herein for the first time attempted, so far as I can discover, shows the peo- ple of each one of these States to be absolutely sovereign, possessed of illimitable, uncontrollable authority. Such a power cannot be denied the right of revoking powers simply delegated to the Federal Government, a mere agency like that of a State government, Avhich the sovereign people alter at their Avill. If the best good of the State requires its powers to be revoked, it is not only the privilege, but the duty of the- State to do it. But the investigation shows further, that these greatest moral jjcrsons— these Sovereign States— are the more strongly beholden to observe their compacts, because honor and prin- ciple can alone control them, no superior authority being con- stituted over them,— that the South had no sufficient cause for present Secession,— that the Federal Government has done it no injury,— that the tantalizing wrong has come from individ- ual States, which the Federal Government was powerless to ^7- V i 2 CIVIL WAR FEOM AN ABSURDITY. remedy, — that there was no adequate excuse for beginning the Avar at Sumter. The South is proven to be quite as much in the wrong as to tlie war, as if we could deny the riglit of Se- cession ; and then it is shown further, that these States hav- ing the rights of individuals in a state of nature, and war hav- ing been unjustly begun upon us, we may rightly prosecute the war till the South return to reason, and are willing to re- construct the Union on fair terms and on the federal basis — that the gi-eat North-West in particular can never listen to disunion, and will insist upon all proper guarantees being given to the South to protect them against fonatical inter- ference in future. The investigation also shows that while the South is alto- gether wrong in beginning the war, that they have had great provocation in our improper interference with slavery, and in the denial of their equal riglits in the common territory, all of which originates in deserting the federal principle. Also, that they were led into tlie war by misunderstanding the de- signs and purposes of the Xortli, which, instead of being corrected, whereby alone the South can be led to cease its warfare, have been strengtlicned by errors in the Adminis- tration. The usurpations of the President are discussed, sliowing that he should not have exercised the powers of blockading the ports, increasing the army and navy, and suspending the writ of Habeas Corpus, but should at once have convened Con- gress, instead of delaying two months and a half — that the dread of our Fathers Avas the one-man power — executive usurpations — and that the checks Avhich they created, have been cast aside by the Administration, and afford justification to the South in having withdrawn from a Union that had be- come consolidated instead of federal. CTVIL WAR FROM AN ABSURDITY. 3 At the same time, these errors are shoAvn to have resulted naturally from the erroneous teachings of governmental prin- ciples with which the whole North, and a large part of the South has become imbued ; and the belief is expressed, which an acquaintance with the President of over a quarter of a century justifies me in confidently entertaining, that with his honesty and patriotism and sincere desire for reunion, he will be among the most zealous to right his wrongs, and will be found with the Democracy as their leader or otherwise, in re- turning to the paths of Federalism. I have yet an earnest hope that President Lixcoln's eflforts to restore the Union and secure forever to the South all its constitutional rights, will cause even that section to take the lea V' •'••- ^Ok ,V 'S^. '•'.*" r^^ ^ .^"\ > ♦ * • o^ ^^•'•^% ^^. 5^ A -^^ ♦* ^^. ->' -% "^-e^ ^t.o^'^ . a e » ^ ^^.o* .^ ■f M .• J'% '. ** ."^ 0* \^^ i I, i 1 I