m Class E y-^E. Book iJL'h JAMES MILLER, . §00liscllcr, fubliskr, auij |mpi1er, 522 BROAD"WAY, NEW YORK, OPPOSITE THE ST. NICHOLAS HOTEL, Has for sale a very complete and extensive stock of ENGLISH AND AMERICAN BOOKS, IN THE VARIOUS DErAUTMENTS OF LITEUATURE ; INCLUDING STANDARD EDITIONS OF THE BEST AUTHORS IN HISTORY, BIOGRAPHY, BELLES-LETTRES, ETC. FINELY BOUND IX MOROCCO, CALF, ETC., FOR DRAWINa-ROOM LIBRARIES; LIKEWISE ORNAMENTED AND RICHLY EMBELLISHED BOOKS OF PLATES FOR THE CENTRE-TABLE. '^i^^ Particular attention given to orders from Public and Private Libraries. ENGLISH AND AMEEICAN PEEIODICALS supplied and served carefully and faitlifully to Subscribers throughout the city, or sent by mail to the country. Ord(;rs from any part of the world, i»ith a remittance or reference for payment in New York, will be promptly attended to. IMPORTATIOIN OF ALL BOOKS AI\D PERIODICALS for which he may receive orders, a small connnission only being charged for the business. The same attention given to an order for a single copy as for a quantity. BOOK BINDING IN ALL ITS BRANCHEa ^ |a0li for tkn MVm's Jiitagsatli. V TRACTS FOR THE WAR. SECESSION: THE REMEDY AND RESULT. NEW YORK : PUBLISHED BY JAMES MILLER (successor to 0. S. FRANCIS & CO.) 522 BROADWAY. I80I. # \ ^'^f Enteked, according to Act of Congress, in the year 1861, ]5y JAMES MILLER, In the Clerk's Office of the n*i.*t!'ict Court of the tTnited StaWs for the Southern Dis rict of New York. "^ ADVERTISEMENT. ' Three of the witliin Tracts for the War entitled Question of the Day, were first printed on their dates, in the Dispatch, a newspaper published at Washington, North Carolina, and have been since copied in other newspapers in this country and Europe. The residue have not before appeared. This little volume is de- signed to put in a more permanent and suc- cinct form, acccFsible to all, a thorough dis- cussion of the causes and result of secession and the present civil war. New York, May^ 1861. TRACTS FOR THE WAR. I. THE QUESTION. OF THE DAY. The people of the Northern States have not yet spoken on the grave issues of the day ; and many of us beheve that a large proportion of the sober, conservative, law-abiding and pat- riotic citizens of the South are as yet held in forced silence. The conduct of some of the present leaders of the South in the seceding States, has shocked the moral sense of the North. The strong phalanx who opposed Lincoln and his party and abolition, with its cry of dissolution of the Union and destruction of the slave power, 8 TRACTS FOR THE WAR. never believed that the South would be so prompt to attempt such political suicide, and obey the clamors of such fanatics as the aboli- tionists — their mortal foes. We have been incredulous — have even doubted the verity or earnestness of their acts ; but of several of the States we have ceased to doubt, and have only to deplore that our day should witness such shameless degeneracy in the children of the Father of his Country. Without other commentj forther than to say that whilst the whole people of the North, East, and West, conscious of their vast pre- dominance, are united in making every reason- able effort in forbearing magnanimity to con- ciliate and adjust all differences, they are none the less united in the patriotic purpose that, should all such efforts fliil, as one man to obey the letter and spirit of the Constitution. This is the simple and obvious duty, we be- lieve, of every patriotic American ; and with- out it there can be no government. We are often taunted by the assertion that no power exists in the Constitution to coerce a State ; THE QUESTION OF THE DAY. 9 that each State is a sovereign, and can secede or rescind the ohligations of the Constitution at pleasure ; and when a State lias formally seceded, all its citizens are ipso facto owt o^ the Union ! released from all obligations for the pjist or futme, and there is no longer any Union or Federal Government, or, we may say, Constitution whatever. Under such ])retences they claim absolute impunity and full recog- nition as independent sovereignties at home and abroad. Let us briefly examine these pro- tensions by the light of history and leason ; they are fundamental ; the question is worthy of more serious inquiry than may be given it in merely political declamation. Our discus- sion shall be brief: " Tlie x\rticles of Confederation and perpet- ual union between the States" of 1778 {)ro- vided by its second article : " That each State retains its sovereignty, freedom, and inde}>end- ence," &o. ; and all its following articles cre- atine: a Conoi;ress and investing it with execu- live, judicial, and legislative power, were ren- dered nugatory, by depriving this body of all 10 TRACTS FOR THE WAR. power of enforcing its resolves. These articles were created by the States as sovereign States, who acted in Confess through the Revolution only as States. It was simply a league or alliance for the common protection, formed by independent States, Without reciting the familiar history of its inefficiency in the revolutionary struggle, we recur to this old Confederation to fix the fact indelibly in our history, that this Confederation, or former Union, was the ^rs^ and last attempt of the States, as States, to form a Union. The dogma of complete State sovereignty was then found to be suicidal to any Union formed sim- ply between States. How could it exist in a Union formed by all the people residing in the several States ? After the peace in 1786, 16th October, Virginia, in the Act of her Assembly providing for the election of delegates to a convention to form a Constitution, in its preamble has this language : " And whereas the General Assem- bly, taking into view the actual situation of the Confederacy, as well as reflecting on the THE QUESTION OF THE DAY. 11 alarming representations made from tiQ:ie to time by the United States in Congress, par- ticularly in their act of the 15th day of Feb-' ruary last, can no longer douht that the crisis is arrived at which the good people of Amer- ica are to decide the solemn question, whether they will, by wise and magnanimous efforts, reap the just fruits of that independence which they have so gloriously acquired, and of that Union which they have cemented with so much of their common blood, or whether, by giving w^ay to unmanly jealousies and prejudices, or to partial and transitory interests, they will renounce the auspicious blessings prepared for them by the Kevolution, and furnish to its enemies an eventual triumph over those by whose virtue and valor it has been accom- plished ; and whereas the same noble and ex- tended policy, and the same fraternal and affectionate sentiments which originally deter- mined the citizens of this Commonwealth to unite with their brethren of the other States in establishing a Federal Grovernment, cannot but be felt with equal force now, as motives 12 TRACTS FOR THE WAR. to lay aside every inferior consideration and to concur in such further concessions and provi- sions as may be necessary to secui'o the great object for which that g(n^ernment was institu- ted, and to render the United States as happy in peace as they have been glorious in war ; Be it enacted^ dr., That seven commission- ers be appointed by joint ballot to meet such deputies from other States at Philadelphia, and to join with them in " devising and dis^ cussing all such alterations and flirther provi- sions as may be necessary to render the Fede- ral Constitution adequate to the exigencies of the Union/' By virtue of this act, Washington, Patrick Henry, Randolph, Madison, and others, were elected Commissioners. We scarcely need an apology for reciting at length the pro[)hetic language of the prean:ible to this Act of a people, by her recent election, still true to her princi[)les. Tlie Continental Congress, by its Act of 15th February, 1786, embodying a lengthened report of the utter impossibility of collecting THE QUESTION OF THE DAY. 13 revenue, or sustaining a central government under the Confederation, made dependent on the sovereign will of each State, closed with the Resolution : ''That whilst Congress are denied the means of satisfying those engagements which they have constitutionally entered into for the com- mon benefit of the Union, they hold it to be their duty to warn their constituents'' (the States) " that the most fatal evils will inevita- bly flow fi'om a breach of public faith })ledged by solenm contract, and a violation of those principles of justice which are the only soli I basis of the honor and prosperity of the nation." This is an emphatic commentary on the doctrine of complete State sovereignty, and on the practical results of mere confederation of independent States, as States. The Old North State, true to her patriot sires and history, followed Virginia, by her Act of Gth January, 1787, for the election, by joint balliit, of five commissioners to meet at Phila- delphia on the 1st of May next, with such 2 14 TRACTS FOR THE WAR. deputies from other States, and with them '' to discuss and decide upon the most effectual means to remove the defects of our Federal Union, and to procure the enlarged purposes which it was intended to effect :" Wherehy Alexander Martin, William Blount, William Richardson Davie, Richard Dohhs Spaight, and Willie Jones, were elected such Deputies. This paper has already, perhaps, exceeded its just limits. In our next we will pursue our subject. RODOLPHUS. February 2Q, 1861. THE QUESTION OF THE DAY. 15 11. THE QUESTION" OF THE DAY. The Constitution of the United States, framed by the Convention of 1787, called pur- suant to the recommendation of the Congress of the Confederation, was submitted to that Congress on 25th September, 1787, and by their resolution transmitted to the Legislatures of the several States, in order to be submitted to a convention of delegates, chosen in each State by the p80})le thereof, in conformity to the resolves of the Convention. It was ratified by the people, who, in January ensuing, chose their first presidential electors, and commenced the government on the first Wednesday (4th) of March, 1789. 16 TRACTS FOR THE WAR. The Constitution, in its opening, is expressed to be the exclusive creation of the People of the TJn'tel Slaves, in order to form a moi^c perfect Union in direct opposition to the former Confederation. The States — as States — are not parties to the Constitution. But the luhole peop)le in all the States ordain and estahlish this Constitu- tion of a new Federal Government, paramount to all the State Governments, whose subordi- nate existence is recognized therein, and there- by, directly from the people, invest this Fed- eral Government with supreme and exclusive powers in appropriate spheres. There is not a word in the instrument recog- nizing complete State sovereignty, or that this Union and Constitution is an alliance or Con- federation of independent States, acting in its ratification or creation by their several agents. The familiar history of the times shows that such political heresies were universally felt to be the very cardinal evils of the old Confederation, to be remedied by the Consti- tution. THE QUESTION OF THE DAY. 17 If, then, the States — as such — never formed this Union under the Constitution, is not the resolve of any State to secede entirely nuga- tory ? The Constitution, in its preamble, ordained and established by the whole people, in its 7th Article, provides that the ratifications of "the conventions (of the people) of nine States shall be sufficient for the estahlisJiment of this Constitution between the States so ratifying the same." This organic ordinance of the people was thereby made supreme over all State govern- ments. It was '^ordained" and ^^estahlisJied/' in its own emphatic language, and provided the mode of its own amendment ; and also, that this Constitution and the laws " of the United States, which shall be made in pursu- ance thereof, with all treaties, shall be the supreme law of the land, and the judges in every State shall be bound thereby, any thing in the Constitution or Laws of any State to the contrary notwithstanding ." The Federal Government, created by thq 18 TRACTS FOR THE WAR. Constitution, assumed all debts contracted before the adoption of the Constitution, and was invested with the power to lay and collect taxes and duties, to pay the debts and ])ro- vide for the common defence and general wel- fare — to borrow money, regulate foreign com- merce, coin money, and fix the standards of value and of weight — to establish post-offices and post-roads, create judicial tribunals, de- clare war, I'aise and su[)port armies and navy, and make rules for their government, and call forth the militia to execute the laws of the Union, suppress insurrection, and repel inva- sions, &c., &c., and to make and enforce all laws necessary and proper for carrying into effect all their poicers over all the people re- siding loithin the United States. This supreme Federal Government is, by the laws of Congress and of every State, ac- knowledged as supreme by the oath of office sworn to by every office-holder in the country, who, if of a State office, thereby swears first above all, to support this Constitution, and next, that of his State, and to perform his THE QUESTION OF THE DAY. 19 duty ; and if of a federal office^ swears his allegiance to this Federal Government. With such constant oath-takins; — the hi^^^hest and most solemn sanction on the conscience that man or God imposes — can any one at this day douht of the supremacy of this Federal Gov- ernment and the sacred obligation of every citizen to sustain it ? And, on the other hand, what shall be said of those citizens, many of them high in rank in the army and nav}', and holding civil and judicial offices of trust and distinction under the Constitution, who, pretending that their allegiance to their native States is superior, openly break their official oaths and join the declared enemies of the Constitution and the Union, by which, in many cases, for all their lives, they have been educated and maintained out of the Federal treasury ? We use plain language at the North, and adopt the words of the Constitution in calling them traitors — ^re- creants to their oaths and country, and deplore their contrast with the conduct of Miijor An- derson. 20 TRACTS FOR THE WAR. Another question is immediately involved : Is not this Federal Constitution of government of perpetual obligation on every citizen ? It is so by the definition of the powers vested in it by the people. Unless this Government be perpetual and supreme, all treaties are dissolv- ed, and all lav/s and contracts by the Federal Government, disposing, as they constitutionally have forever, of vast territorial and other prop- erty, for over seventy years past, must be re- scinded, and the nation justly execrated by all civilized Governments, for setting up a gov- ernmental mockery to be repudiated on any caprice. Such a result is immediate and inevi- table to the opposite view, and all nations would hasten at the first signal of the adoption of such views, to exterminate such open trea- son to God and man. This very position is now assumed by ex- treme secessionists. Acknowledging at the same time the validity of all the past action of the Federal Government, most of which in its nature er-dures forever, thereby admitting, of necessity, the manifest, essential perpetuity THE QUESTION OF THE DAY. 21 of the Union and Government, in the same breath, with admirable consistency, they claim that, by reason of some sndden and stranoje discovery, henceforth this Union is no longer perpetual, and, by the sublime fiat of South Carolina, it is dissolved, and all foreign trea- ties and contracts with the United States are ipso facto dissolved, and glory in their self- elected position, only to be paralleled by that of Algerine pirates ! Is such outrageous non- sense to be received by any sober mind ? The cardinal essence of all Government is perpe- tuity. Without it, there is no government. By the constitutional provisions, the right of indefinite amendment is on the one hand secured ; a supreme judicial tribunal always open to settle all controversies on the construc- tion or effect of its provisions and the laws of Congress ; with full representation both of State and people, making and amending all their laws ; and, on the other hand, by its tenth article, vests forever in the Federal Government exclusively, all its granted pow- ers and such as are essential to their exercise, 22 TRACTS FOR THE WAR. which include the most complete array of sov- ereign power ever vested in any Constitutional Government, and reserves all other powers ^' to the States " respectively, " or to the peo])le." In the words of Washington in 1796 : "The basis of our political systems is the right of the people to make and alter their constitutions of government ; hut the Constitution, luJitch at any time exists till changed by an explicit and authentic act of the lohole people, is sa- C7xdly obligatory upon all. The very idea of the power and the right of the people to estab- lish govQxnmQni, loresupposes the duty of every individual to oiey the established government.'* If the legishitive, judicial, and executive pow'drs of the Constitution and the Union, by their express grants, extend to and are to be enforced upon every p)erson residing in the Union, irrespective of and paramount to all State-laivs and poivers^ and by the admission of the secessionists, have been thus rightfully exercised since 1789, of what effect in sober common sense, not to speak of laws or Con- stitution, is the act of secession, by any THE QUESTION OF THE DAY. 23 State, or by all the People of any one or more States, upon the perpetuity of the Constitu- tion and Union ? One effect only, yiz. : to strengthen the patriotic attachment of all loyal citizens to the Union, confirm its perpetuity, and enforce the penalties of treason by the whole federal strength, and the unanimous voluntary aid of all Union-loving citizens, south and north. If the Federal Government will do its duty as required by the Constitution, and enforce its supreme authority over all the people, the flimsy shelter that no power is granted to co- erce a State into obedience, disappears at the first shot. The Union and the Government bears on every person, and the State Govern- ments, merely of municipal and police subordi- nate powers, disappear from the issue. Without exhausting our subject, we have said enough for our argument on the abstract question. At some seasons, and it may be now, it is necessary to put in clear light the essential na- ture of our political system. Its simple state- 24 TRACTS FOR THE WAR. ment refutes every pretext of disloyalty ; and above all is it essential, when treason shows its horrid front in high places, and with loud pretensions claims support from and seeks to mislead some of our brethren. We will close this paper, by again quoting the words of Washington in 1796, in his final ap[)eal to his countrymen for all lin^e : " The unity of government, which consti- tutes you one people, is also now dear to you. It i^^> justly so : for it is a main pillar in the edifice of your real independence — the support of your tranquility at home, your peace abroad, of your safety, of your prosperity, of that very li!)erty which you so highly prize. But as it is easy to foresee, that from different causes and from different quarters, much pains will be taken, many artifices employed, to weaken in your minds the conviction of this truth ; as this is the point in your political fortress aijjainst which the batteries of internal and external enemies will be most constantly and actively (though often covertly and insidiously) directed — it is of infinite moment that you THE QUESTION OF THE PAY. 25 should properly estimate the immense vahie of your national Union to your collective and in- dividual hapi)iness, that you should cherish a cordial, habitual, and immovable attachment to it ; accustoming yourselves to think and speak of it as the [)alhidiun:i of your political safety and prosperity, watching for its preser- vation with jealous anxiety, discountenancing whatever may suggest even a suspicion that it can in any event be abandoned, and indig- nantly frowning upon the first dmoning of every attempt to alienate any loortion of our country from the rest, or to enfeeble the sacred ties which now Hoik together the various parts." RODOLPHUS. Febrnary, 27th 1861, 26 TRACTS FOR THE WAR. III. THE QUESTION" OF THE DAY. It is plain from what has been ah'eady said, that Secession will not bear the daylight of reason, common sense, law, or Constitution, in argument on abstract grounds ; and that it is also the very evil and danger which Washington forewarned his children against for all time. But say the secessionists, in the words of Howell Cobb, at Montgomery, Ala. : ''Secession is an accomplished foot, argue as you may. We are out of the Union, and by our own inherent sovereisjn riohts, have formed and now ordain a new Southern Confederacy, and claim recognition as an independent Govern- ment." THE QUESTION OF THE DAY. 27 The Federal Government cannot without suicide, and never will, acknowledge this South- ern Confederacy. In their eyes and before the law and Constitution, this Confederacy is an organized insurrection ; and every person ad- hering to these enemies is within the definition and penalties of treason. If thus considered by the Federal Government, representing all the rest of the nation, no civilized govern- ment, in alliance with the United States, which includes all the powers of the world, can, without breaking treaties, law of nations, and declaring war against the Union, in any way recognize their existence, either de facto or de jure. Unbroken peace and commerce with the United States, is the cardinal aim and interest of all our allies. The victories in Mexico raised us at once before Europe, as one of the most formidable military powers ; and the conquests of our diplomacy, with our social, inventive, and national progress and growth, rank us as a great power of the world, en- throned in a boundless empire, with illimita- ble resources, by which alone the old world 28 TRACTS FOR THE WAR. can sustain their existence. Is it conceivable for a n.oment, that the older powers will, for any price whatever, exchange, as they must, all their old and profitable alliances with the present Union, and substitute a flimsy bargain with a sand-rope of a mere confederacy at pleasure, of a few revolted subjects of the Union .^ The ofScial journals in Paris and Londoa have already conclusively answered th« South on this question, by an unconditional and in- dignant refusal. By these frank and full state- ments from official quarters, we read with shame and surprise that Americans — children of Washington's hope and faith — have been long since so lost to all patriotism, as, under the disfj^uise of agents of Southern commercial conventions, to visit European courts, with offers to sell their birthright as Americans, for the mess of pottage of foreign alliance with themselves, in hostility to the Constitution and Union. They have fawned and eaten dirt be- fore the French emperor in vain ; for even this great modern usurper, endowed with con- THE QUESTION OF THE DAY. 29 summnte sagacity, has turned his back on them in well-deserved contempt. We think that it has been demonstrated that Secession is legally impossible, and that the Union remains forever — ^a perpetual obligation on all citizens ; and that the remedy for all overt acts, besides paper resolutions and speeches, is plainly defined by the Constitution and laws of the government of the Union. We do not mean to be understood as advising at once the march of armies, or to open the Pandora box of civil war. However plain in principle and fact the iniquity may be, as we said at the beginning, the Union is strong enough to await in calm readiness for the re- turning common sense of our seceding brethren^ to dissolve the airy fabrics of their vanity and wounded political ambition, and bring them voluntarily into the even tenor of duty to the Union. We believe that all these violent Bieasures are the work of exasperated and defeated poli- ticians ; that the conventions have been made unanimous by terrorism, preventing the free- 3- W TRACTS FOR THE WAR. dora of the polls or ballot or opinion, and that the conservative people have neither voted, spoken or been heard in this tumult, but are yet to speak out in tones of thunder. We believe that when their proceedings are sought to be changed from paper to practice, and these Southern people sought to be driven out of peace and safety into political suicide and annihilation by literal compliance, the whole sober, conservative body of that people will either emigrate at once, or, by open resistance, overthrow the demagogues and their work, and restore the reign of the Constitution and the Union ; or, if unsuccessful, inaugurate an endless and fatal civil war ; under which this Southern Confederacy will sink to its natural and speedy ruin, without the necessity of foreign invasion, now imminent from all quar- ters. By seceding, if we are to understand them to be in earnest, they voluntarily and abso- lutely surrender all right to any Federal prop- erty whatsoever. There is no locus poeniten- ti