]Priced, 50 Cents; o-r $5 per dozen.
CITIZEN 8 ICIP
SOVEREIGNTY
J., S. WRIGHT,
ASSISTED BY
Prof. J.  tOLMES AGNEW, D.D.,
CITIZENs1e1. —We call him  a  ITIZENE, who has the privilege of sharing with others in Government.,
deliberative or judicial: and a City [or Commonwealth] is the number [tile associated body] of tuch, selof
sufficient for life.-Aristotle, Politics, Book III, c. 1.
SOVEREIGNTY. —A Nation, is a State,....   a body politic, or a society of men united together to
promote their mutual safety and advantcage, by means of their union.
From the very design that induces a numrber of men to form a Society that has its common Interests,
and ought to act in concert, it is necessary that there should be established a public Authority, to order
and direct what ought to be done by each in relation to the end of the association. This Political
Authority is the Sovereignty, and he or they who are possessed of it are the Sovereign.
It is evident, from the very act of the Civil or Political Association, that each Citizen subjects himself
to the Authority of the entire Body, in everything that relates to the coimmon welfare. The Right o:f
all over each member, therefore, essentially belongs to the lBody Politic, to the State; but the exercise
of that Rtight may be placed in different hands, according as the Society shall have ordained.
If the Body of the Nation keeps in its own hands the Eimpire, or thoe RIGIT OF COMNIMAND [le Debit do
comlmacnder], it is a Popular Government, a Democruccy; if it refers it to a certain numriber of Citizens,
to a Senate, it establishes a Republic, an Aristocracy; in short, if it confides the Empire to a single
person, the State becomes a ifonarchy.- Vcttel, Lawc of X(Ntions, Book I, c. 1, ~ 1-3
CHICAGO:
PUBLISHED FOR AMERICAN CITIZENS$
THE TRUE MAINTAINERS OF STATE SOVERJEIGNTY.
1863.




E        The first volume of the work or compilation, of which this publication is a compend, to be entitled
OUR F(EDERAL UNION STATE RIGHTS AND WRONGS,
will be published about 15th November. The volumes will contain 500 to
550 pages each, similar to this in type and arrangement. One is to be published each six or eight weeks, and sold in muslin binding at $2.50.
Five volumes will probably suffice for the compilation, which is designed to
furnish an epitome of governmental principles, historical facts, documents
(each of which will be given entire), the substance of important debates, and
of influential opinions in private and published letters, tracts, and other publications, and also a short examination of other Governments, to discover the
right of our Revolution, and the superior excellences, and confused but
not complicated systems, of our State and Federal Governments. Every family
in the land needs this information, which is now scattered through hundreds
of volumes, many expensive and inaccessible, in order to enable each Citizen,
and the young lad who is soon to be a Citizen, to understand his individual
rights, exalted privileges, responsible duties; and also the rights and wrongs
of these Sovereign States. The wonder is not that we are in civil war, but
that, with our ignorance of principles, and mistakes in theory, our practice
has been so nearly correct.
To the statesman and politician, the compilation, if at all a success, will be
particularly valuable; bringing together for the first time documents, opinions, and principles, to which every one needs to refer more or less often The
marginal notes, with the thorough index which shall be supplied, will make
reference quite convenient; and until superseded by something better, it will
be the American statesman's manual. In such a work some would like room
to record notes and comments; and should the demand justify, an edition will
be printed on superior paper, with wide margin for writing, and in strong
binding. Subscribers will please intimate their wish, and should an extra
edition be printed, the volumes of this edition will be received in exchange,
if uninjured, the party paying the difference in price.
The terms are already low, considering the present high cost of materials
and the amount of reading supplied, but it is proposed to still further reduce
them. The kind patron in New York and those in Chicago, who have
thus far advanced the funds for publication, will not permit delay for the
lack of means. But not to encroach unnecessarily on their liberality, it is
proposed to supply the five volumes for $11 paid in advance.
Remittances can be made to the subscriber, either at Chicago, or directed
to Station D, New York City, where most of his time must necessarily be
spent until the publication is finished.
J. S. WRIGHT.




Go COPIs of this pamphlet are distributed immediately  upon its publieation to a -few  leading  minds of our country, irrespective of their politics,
religion, or occupation.  An independent, unbiassed expression of opinion, is
desired from each recipient, either pr'o or con.  Should he be decidedly favor-:
able, he would doubtless like to aid in extending the circulation of this Coin-pend, and a short letter to a paper or two in his city or neighborhood, or to some:editor at a distance with whom  he may be acquainted, calling attention to it,
would be very influential.  He nmay also be willing to write to two or three
prominent persons, enclosing a copy of the accompanying prospectus; and upon
being furnished with the address, we shall be happy to forward those parties a
copy each of the Compend.
It is hoped the recipient will be able soon to make the examination, and that
it will not be partial or prejudiced.  And experience already proves the propriety of a caution to the reader, not to make up his judgment from  detached
parts.  If he will just glance his eye over the marginal notes from beginning to
end, he will have a general idea of the views, and can then better judge of the
several portions.  Having sent a copy of only the first 80 pages to one of the
most eminent scholars of our country, an old and valued friend, he thus remarks:
Your present line of labor is one that I had not thoulght of in connection with you, but
your object is so important, and you are performing it with so much ability, that I wish you all
success.... My studies have not been much in the line of International Lawv, and I have
accepted the doctrine commonly received, that there is such a thing as a United States Government. This I understand you to deny. [Not at all.  So far from it, my main object is to prove
that we have the grandest, most perfect systems of Government, both State and F2ederal, ever
instituted. My friend says in another place, "' I have only had time to run over " thie pages, and
probably a further examination of even the first eighty pages changed his opinion, as would
surely a perusal of the remainder.]  Where there is Government, there must be the Right to
Conommand, and the obligation to obey, in regard to some things; and that, I suppose, would constitute a Government, as no Government, except that of GOD, extends to all things.  [Very true;
and when by the usurpations of Parliament, and the violation of his oath by our King, the Right
of Commnand, the Sovereignty, of George III over these Colonies was forfeited by him, we took it
into the keeping of each individual Colony, each'ofthese Peoples becoming a Sovereign State, or
nation. But as these Peoples are too widely distributed, even in the smallest State, to exercise
directly their Right of Command, they have made use of Repuzblicanism or Ropresentation, to
preserve to themselves their Sovereignty, and to govern their faithful or unfaithful subjects. And
in great wisdom have they joined together, and delegated the exercise of some important parts of
their Rights of Commaned to certain parties which constitute the Government of the United
States.]  If the apparatus at Washington is simply a Federal Agelncy, then very much of what
has been done from the first, has been usurpation.  [Most certainly " the apparatus at W'ashington is simply a Federal Agency," for the tenth amendment to the Constitution establishes the
truth beyond peradventure, that the powers are not granted, but " delegated."  A delegate is ever
an agent, restricted to the authority delegated; and whatever has bean done by an agent beyond
his authority, is surely usurpation, which circumstances may or may not justify.]  I should wish
it settled, first, whether we have a G(overnmeznt; and then that its powers might be defined. Any
thing that will throw light on these points is most desirable, and you write with so much of
research, and candor, and ability, that your labor cannot fail to be useful. [It shall be the constant aim of the writer to merit the encouraging encomiums of his partial friendc and he prom



ise - indefatigable " research," sincerest " candor," and unwearying, patient industry to supplyin part his deficiency in " ability," to aid in determining that " we have a Government," which
-we ought by all means to preserve, or reconstruct another similar; and we shall find abundant:
occasion- for wishing  that its powers might be defined;" and not only " be defined," but that.
each department of the agency be kept strictly within its defined limits.]
It would be a great thing to have all the authorities and debates bearing on these points
fairly brought together. It has occurred to me whether, starting as you do with the avowed
intention of making out a case, you could bring everything together in such a way that it would
be accepted as done fairly. You will need care on that point. [The writer is deeply sensible of'
the importance of this friendly caution, which will be constantly heeded; and whatever else may
be said against his performance, he trusts that the merit of fairness shall at least be accorded it.
The writer acknowledges "the avowed intention of making out a case," and he cannot conceiver
it possible for any one to study the subject as he has done, without becoming settled in his convictions; without having the " case " thoroughly established in his own mind. But it happens,
that "starting... with the avowed intention of making out a case " against the South, proving
the heresy of State Sovereignty, and that this one People of the United States were a nation, and
as such indissoluble as any other nation; the examination resulted in producing the directly. opposite conclusion. The writer thinks he can make the " case " clear also to the reader, and carefully endeavoring to be fair and candid, he will bring together pripciples of International Law,
the debates of the fathers, the documents, historical facts, &c., in such a manner that the reader
can adjudge the " case" for himself. If the writer is disingenuous and unfair, his work will be:
to him a most disgraceful failure, and he would not only merit, but surely receive, the contempt of his fellow Citizens, for daring to tamper with their momentous concerns in this their
period of imminent peril. But he believes with this most competent judge, that " it would be a
great thing to have all the authorities and debates bearing on these points fairly brought together," and that there is to be an immense and growing demand for this important reading, which
is now inaccessible to the masses, being scattered through hundreds of volumes. What he does
s hall at all events be done " fairly."]
If I could do anything to aid you, I should be glad, but it is plain I cannot. What you do is
well executed in a literary point of view [thanks to Dr. Agnew], and in research you are far in
advance of me.
Do you propose a large work for the few, or something for the many? If the former, I fear
you would publish at a pecuniary loss. I should be glad to take a copy. [As the reader will
see by the prospectus on the cover, and in the "Explanatory " remarks, the work is designed'' for the many."]
But the writer expects not commendation alone.   Already has he experienced the contrary.  Another sincere friend and kinsman, of good repute in the
world of letters, raps him severely, and is "amazed" that
"A man not conversant with such studies, should undertake to pronounce so confidently as
you do, upon such subjects, and upon all the great publicists who have written upon them.
"Strike, but hear!"  The writer yields to no man in respect and veneration
for the wise men of the past, who have established the principles upon which all
rightful authority is instituted, based upon the Bible; those who have created
the code known by the name of International Law.  Yet,fallibility, imperfection is stamped upon their works, as upon all things human, and other great and
good men have corrected errors preceding, to be in turn corrected by equally
authoritative successors.  In the main, however, they have agreed upon the chief
points, and every Christian Government is based upon their solid foundation.




3
The more one studies those standard works,. the profounder will be his admiration of their genius and excellence, notwithstanding the perception of errors.
And respect and veneration generated by these studies, is intensified with
sincerest filial devotion, strengthened by loftiest pride in our fathers, who came
nearer than any men of modern ages to a proper comprehension of those great
principles of Government, and who put them more successfully into practice, in
these our State and Federal systems, than had ever before been done by man, of
-which any record is left to us. Yet even our wise and honored fathers were not
absolutely perfect in their knowledge, and made some errors which have led their
sons astray, and many of " the great publicists" have been confusing theories
until we have been led into essential errors in practice.  Stands it not to reason,
that, if there be established principles of Government, there cannot be such fundamental differences of opinion as to the nature of our Governments, the location
of the Right of Command, and the rights and wrongs of these States touching
slavery and every other question, without one party or the other being violators
of those principles?  There must be wrong, fundamental wrong, that the gradual
divergence of opinions and plans of these Christians, these Christian Peoples, in
the South and in the North, these sovereign States, should have at length culminated in the most terrible of all civil wars. The writer does dare " to pronounce [most] confidently," that many of " the great publicists who have writ.
ten" since the days of Vattel, have not followed the teachings of that " elegant"
author of the Law of Nations, and of his illustrious predecessors, but have
issued vagaries and contradictions that have led us entirely astray.
It requires no great amount of legal knowledge to discern, that if there be
any such thing as International Law, Hooker, Grotius, Pufendorf, Montesquieu,
and Vattel, are the chief founders; and if they have established any one principle, it is that Sovereignty, the Right of Command, is one and indivisible;
and if so, it follows as a necessary consequence, that Madison was mistaken in
affirming that we were "partly national and partly Federal."  Bnt it has been
Vtken for granted that Madison was correct, and the absurdity has grown and
strengthened, until very many of our best men teach the nonsense that we are
subjects of two Sovereignties, State and Federal.  It is " amazing" that those
learned in the law should have permitted such errors of theory to go on for so
many years; and it betokens no great perspicacity in the writer, only a little
common sense and independent judgment, that he should be able to point out the
inconsistency of these teachings with the established principles of International
Law. Either the old or modern writers are in error, for they surely are in
conflict; which is right, the writer assumes not to judge. This the reader will
please constantly remember, that the writer arrogates to himself nothing of the
teacher. It is not his own thoughts and views that are to be presented in his
forthcoming work, but those of unquestionable authorities; and surely our lamentable circumstances justify the humblest Citizen in doing what he can to
restore our beloved country to peace and reunion.  May he not also expect, that




in the midst of present calamities, in the perils which threaten our free institu"
tions, his humble but earnest eff'rt to call the attention of his fellow Citizens,
the business men in particular, to old truths and teachings which will serve to
lead us out of this labyrinth of confusion, will be received and examined in all
fairness and candor? From a certain class, the writer expects little else than
derision and contempt.  Unable to meet the views and arguments he will draw
from  eminent, unquestionable authorities, they will endeavor by ridicule to
destroy their effect, because at this time presented by a Citizen unknown to
fame, and unskilled in the mysteries of legal lore.  Not so with the candid,
reasonable, intelligent reader. With him will the truths themselves have weight,
irrespective of the medium by which they are presented, and according to the
power and influence of their eminent authors.
In the "' Explanatory " pages, which it is hoped will not be unread, the
writer shows that his views are concurred in by those competent to judge, and he
deems it proper to add, that soon after he began this examination, nearly two
years ago, he wrote some newspaper articles (which however were not published-,
as the subject expanded beyond a reasonable size for a newspaper,) calling attention to existing errors of opinion concerning our Federal Government. Being
at variance with all. the books treating upon our Government he had then examined, and not liking to trust his own judgment, he took his MS. to Hon.
Charles O'Conor, who very kindly heard them read, approved the views in the
main, and said that as to the law, they were unquestionably correct. The leading
ideas of this Compend, and of the forthcoming work, were embodied in that
MS., and two years of constant study has not materially altered one of those
ideas, but strengthened and confirmed them.  The writer therefore feels that he
may claim a hearing, even from lawyers.
Nor does the writer desire commendation merely.  HIe will be obliged to the
reader for his opinion of the plan proposed, of its desirableness, and of its execution thus far, which it will be taklen for granted may be used wholly or partially in a circular with the author's name, unless requested to the contrary.
Friendly suggestions and advice as to the plan, or any of the details, will be
gratefully received, though the writer cannot engage to answer letters, his time
being constantly occupied with the work.
Copies will not be distributed to the newspapers for ten to twenty days,
within which time it is hoped individuals will be able to examine the Compend,
and give their independent judgment concerning it. Purchasers, too, or other
readers of copies of this small edition first issued, arq respectfully solicited to give
their opinions as early as practicable, directed to
J. S. WRIGHT, Chicago.
P. S.-The postal regulations prohibit the writing on the cover, even the
name of the party addressed. The writer will therefore avail himself of this
opportunity to remark that this copy is sent "with the respects," or " the
regards of the author," requesting attention to the first and concluding paragraphs of the foregoing.                                       J. S. W.




SOVEREIGNTY.
BY
J. S. WRIGHT,
ASSISTED BY
Prof. J. HOLMES AGNEW, D.D.,
CITIZENSHIP. —We call him a CITIZX -, who has the privilege of sharing with others in Government
deliberative or judicial: and a City [or Commonwealth] is the number [the associated body] of such, selfsufficient for life.-Aristotle, Politics, Book III, c. 1.
SOVEREIGNTY.-A Nation, is a State,.... a body politic, or a society of men united together to
promote their mutual safety and advantage, by means of their union.
From the very design that induces a number of men to form a Society that has its common interests,
and ought to act in concert, it is necessary that there should be established a public Authority, to order
and direct what ought to be done by each in relation to the end of the association. This Political
Authority is the Sovereignty, and he or they who are possessed of it are the Sovereigsz.
It is evident, from the very act of the Civil or Political Association, that each Citizen subjects himself
to the Authority of the entire Body, in everything that relates to the common welfare. The Right of
all over each member, therefore, essentially belongs to the Body Politic, to the State; but the exercise
of that Right may be placed in different hands, according as the Society shall have ordained.
If the Body of the Nation keeps in its own hands the Empire, or the RIGHT OF COMMAND [le Droit de
commnander], it is a Popular Government, a Democracy; if it refers it to a certain number of Citizens,
to a Senate, it establishes a Republic, an Aristocracy; in short, if it confides the Empire to a single
person, the State becomes a lfonarchy.- Vattel, Law of Nations, Book I, c. 1, ~ 1-3.
CHICAGO:
PUBLISHED FOR AMERICAN CITIZENS,
THE TRUE MAINTAINERS OF STATE SOVEREIGNTY.
1863.




OLD  LETTERS,  PAMPILETS, BOOXS, &C.-Tlhe attention  of
2arties possessed  of valuacble  d ocnuments bearing upon  our
politicaZl 1story,  or those knowing where there are such, is
called to the foot-note on page 81, and it is earnestly hoped the
request will be graznted.!f   Parties who would like to aid in dissenminating these
views by giving or sending their neighbors copies of this Compendc, can be suppliedc at $5 per dozen.
If a dozen or two could be sent to each regiment, some of the
leisure of the cavmp would be well ernployed in considering the
views, and  help  to mnake nearly every citizen-soldier a true
FEDERAL REPUBLICAN.
Orders and remittances can be sent to the subscriber, as may
be most convenient, either at Chicago, or at STATION D, New
_York City.
J. S. WRIGH1T.
Entered, according to Act of Congress, in the year 1863, by
J. B. WR. IGHT,
In -the Clerk's Office of the District Court of the United States, for the Northern District of
IllTnois,




EXPLAN ATORY.
OvEn two years ago, the writer began to examine the principles and history of our Governments. tHaving full confidence in Clay and Webster, he
had never imagined that they and others of our great statesmen, could have
committed any serious error in Governmental science, or that there could be
any important point in it which they, or any of our leading statesmen, did not
thoroughly comprehend. Yet a pretty careful study of the Madison Papers,
and of the Federalist, with which his examination began, seemed.to show
that our Government was purely Federal, Madison's judgment to the contrary notwithstanding, and that bewildering errors and inconsistencies
existed. The study of works in the Astor, Mercantile, and Historical Libraries of New York for two years, to be duly acknowledged in a forthcoming
preface, convinced the writer that we were wide astray in thleories as to Government, while correctly following in practice, the teachings of tIooker,
Grotius, Vattel, &c. We are in civil war from confusion of theories.
Over a year since, the preparation of the accompanying Compend was
begun. But the study of one point led to another, and that to another, and
caused delay; for, finding his conclusions at variance with the teachings of
nearly all our great men, and also those of Europe since the days of Vattel,
it behooved the writer to be cautious.
The translations of the ancient classics had been somewhat studied, and
such use had been made of some of their important passages by distinguished authorities, that it became necessary to refer to the originals, and
thirty years' devotion to business, had almost obliterated the acquaintance of
boyhood with Latin and Greek. But comparing several translations with
the originals, and with the aid of the numerous lexicons of the Astor Library,
the writer was enabled to discover, as he thought, that the translators had
not altogether apprehended the thoughts of the writers of the free States of
antiquity upon Government and history, and that with the imperfection of
the English language to convey correct and definite ideas in the science of
Government, particularly as contrasted with the Greek, the clear and fundamental distinctions between Free States and Monarchies, which the ancients
so well understood, had not been preserved in modern translations. But
being a very incompetent judge on this important subject, he applied in
February last to Prof. S. F. B. Morse, who has constantly aided these labors
with judicious counsel, and encouraged with affectionate interest, to recommend some competent scholar to assist in the work. Being referred to Prof.
J. Holmes Agnew, D. D., a most valuable and efficient co-laborer has been
obtained. Entering with equal zeal and enthusiasm into the great work of
examining Governmental principles, and finding translations defective, he
has kindly undertaken the important task of a new version of the extracts
required in this compilation. The translations of Grotius and Pufendorf




iv                          Explanatory.
from the original Latin, are also imperfect; and the extracts for this work
will be carefully revised, and be, indeed, a new translation.
Professor Agnew is so impressed with the importance of our Citizens
having a correct knowledge of the teachings of the greatest,. most practical
of all philosophers of antiquity, that he will, at an early day, publish a new
translation of Aristotle's Ethics and Politics, with notes. He intends also
translations of Grotius and Pufendorf, with appropriate notes from the Republican stand-point. A more patriotic, useful labor, can hardly be performed.
The writer's obligations are immense to this accomplished scholar for his
indispensable aid; and as elsewhere observed, his concurrence in the views
and plan, afford strong confirmation of their probable correctness.  Not
only has Dr. Agnew carefully corrected the errors of style in the MS., but
he has also advised in respect to the ideas themselves; and were his counsel
always heeded, it might be better. But Western men have their peculiarities, both of thought and of expression; and sometimes, no doubt, there
will be too much obstinacy in adhering to what is written. So that Professor Agnew is not to be held responsible for all the views, nor for blunt,
unpolished expressions.
Many of the ideas in this Compend, and also in tle work, will be so novel
to many readers, that the writer deems it suitable also to remark, that they
are almost wholly concurred in, both as to governmental principles, and as
to historic facts, by Mr. Henry B. Dawson, who being in a similar line of
research, we have frequently had occasion to compare notes. The chief
point of difference between us is, that he considers the word "nation"
should never be used in connection with the United States, each State being
the only " nation; " whereas it appears to the writer, that with clear conceptions that each State is the real nation, the United States may properly
be entitled a "nation" of nations.
Mr. Dawson's edition of the Federalist has been alluded to, and his valuable notes will be found coincident with the views herein taken, and will be
followed with the publication of other debates connected with the adoption
of our Constitution, most opportune, and furnishing important information,
of which few have knowledge.
It will be easily discovered from this Compend that the writer is not unfriendly to slavery; and lest anti-slavery men should conceive these views
to be unfair, and a base cheat in order to strengthen the institution they
abhor, it is deemed proper to state, that Mr. Dawson has for years been a
thorough and consistent anti-slavery man,' and he advocates Federalism as
the true and only means to eradicate slavery. HIis extensive historical explorations, convinced him years ago, that we were all wrong about the
theory of our Governments. Both of us may be entirely led astray; but
from opposite stand-points, pro and anti-slavery, our examinations have led
to precisely the same conclusions, with the single exception above noted.
The views taken by Mr. Dawson as to the nature of our existing Government, and which are herein also presented, are surely to be adopted by ninetynine, hundredths in the North; but with such unanimity as to principles,
established and practised in the present Federal Union, no doubt there is to
be a tremendous conflict as to their application, and the changes that must
be made in the new Union, which some will wish should be consolidated in.stead of Federal.
1 Mr. Dawson very properly desires to have it added, that he has never favored any interference by Congress in the slavery question, which would be wholly inconsistent with his understanding of the Federal nature of our Government.




Explanatory.                            v
In presenting these views for the consideration of the North, the
natural division into East.and West has not been, is not to be, disregarded.
The fear is that, as the war and the adjudication of our differences with the
South progress, the different characteristics, and the diverse interests of the
two sections, will become more and more prominent. We in the West hope
the States occupying'a middle position, geographically and characteristically,
will be with us wherein we are right; yet quite possible is it, that the burthen
of reconstructing a Union, to which all the thirty-four States will have liberty
of accession, will, on the part of the North, rest chiefly on the West. We
are the most deeply interested; and with GoD's blessing, we shall yet have a
Federal Union to which every one of these States, that is willing to live up
to the "Laws of Nature and of Nature's God," can cheerfully accede.
Should the opinions herein advanced be found correct, that these Sovereign States have become possessed of common rights in their common terrin
tory, as in the Louisiana purchase, which they have never relinquished; the
South, true maintainers of State rights, will not endeavor unjustly, and by
force of arms, to dispossess these States, particularly the Northwest, of what
is rightly theirs. Yet, should they conceive that circumstances justify them
in compelling us to relinquishment, putting our trust in GOD, we must continue to try our powers to defend our rights.
When the party which began the war, whichever it may be, shall have
become satisfied with the use of force, it is to be hoped it will propose some
other means. No peace can be expected, at least not if the West can prevent it, until we know what is to become of our rights, if rights these Sovereign States have in the seceded States.  If International Law entitles.
us in the North to free-trade, fellow-Citizenship in what has been, or now is,
the common territory, the common property of these Sovereign States, we in'
the Northwest will in any event fight for those rights, until they are acknowledged and protected, or we are subjugated. No peace can be made
until we know, either that we have no rights in the seceded States, or that
they are to be safely assured to us. But an armistice would be welcomed,
especially by the Northwest, that we might confer with the South, ascertain
definitely our mutual rights and wrongs, and discover if either party is indisposed to do the other justice. To that issue must the question come
at last, for we can surely endure this war as long as can the South, and
never by force are we to be dispossessed of our rights; and, if the South
began this war unnecessarily, as we believe, it is their place to propose an
armistice.
When the parties, these Sovereign States, especially those of them which
are most deeply concerned in the questions at issue, can listen to reason, and have a conference by their delegates, it will not be so very difficult for the South and West to agree upon an arrangement that will be
satisfactory to all States which are willing to confederate on just terms, and
thereby shut out all possibility of again disagreeing concerning slavery, or
any similar question. The only point with the West will be, that the Negro
shall not be thrust upon us. Illinois has, by its Constitution, for many years
prohibited Negroes from coming into the State, and though the provision is
not rigidly enforced, it has the effect to make the State undesirable to them;
and we have very few, and mean to have fewer. In the midst of this present
excitement, more favorable than ever to the proscribed class, in voting last:
summer (1862) upon a new Constitution, three distinct propositions against
the admission and the rights of Negroes were separately voted upon, and were
adopted by aboutfour votes out offive, notwithstanding the Constitution itself
was defeated. Indiana, too, excludes the Negro, and aversion to him is the




vi                         Explanatory.
prevalent sentiment of the West. The South and West will have no difficulty
in agreeing about the Negro.
The West, too, are strong asserters of State rights, coinciding on this important point also with the South. The significant motto of Illinois, " State
Sovereignty, National Union," unmistakably bespeaks Western sentiments on
this fundamental question of Federalism. The western States and New York
and Pennsylvania, are abundantly large for Commonwealths; if the little
States are dissatisfied with their insignificance, let them amend their difficulties by consolidating several of them together. Try that sort of consolidation, before attempting to consolidate all these States.
Probably, this very calamity is to exhibit) more strikingly than ever, the
wisdom of Providence in bringing about this division into moderate-sized
States, with the important divergence of sectional characteristics. The West
in this juncture may be the means of preventing permanent rupture. Making
a new Union with the South on fair and satisfactory terms, it is quite possible
that all the States may not at once accede; but they will almost certainly
do so ultimately; and the wisdom of the fathers, particularly they of the
South, who so liberally promoted and desired to see the rapid expansion of
the West, will become very apparent. The sons of those fathers, when an
opportunity for calm reflection returns, will not seek to destroy a connection
made by nature, and indispensable to both South and West.
Therefore, while this Compend, and the volumes following, are prepared
for Citizens of all these thirty-four States, more confidence is felt in the views
influencing the. West, than the extreme East. The Citizens of the West are
mainly Farmers, and the writer knows them. While he does not enjoy the
extensive personal acquaintance with new-comers, which he had with the
old stock some twenty years ago, when, year after year, he travelled through
all these States, to make the Farmers write for their paper, the Prairie Farmer,
and to interest them in common schools; yet he knows the leaven of the
good old stock has leavened the entire mass.
A kind Providence has wonderfully spared those valued friends to labor
now in a more important field; nothing less than-to save our imperilled institutions. Here and there is a bright name left only to treasuring memory;
but the writer could by hundreds mention names whose joint will is yet omnipotent in the great Northwest; and their will is to be almost unanimous
in the coming struggle. Some of them, misled by Madison's error, that we
were "partly National" as well as " partly Federal," have imagined they
had responsibility for slavery, at least in the District of Columbia and in the
Territories. They will learn it is not so; and bearing now the honored, excellent name Republican, they will find they are true FEDERAL REPUBLIOANS, as
was Jefferson, when they understand the term. We who style ourselves
Democrats, as we study into principles, will find we, too, are true Jeffersonian
e.publicans, FEDERAL REPUBLIOANS. The West will be almost a unit in the
contest to be waged against consolidation.
As month after month the writer has patiently prosecuted his studies, his
strongest incentive to perseverance has been, the remembrance of those old
and valued Prairie Farmer friends. For them chiefly is this work prepared,
and for auld lang syze will it be welcomed and have a candid examination.
The earnest cooperators in agricultural and educational progress, who witness
such glorious results from well-bestowed efforts in laying proper foundations
in our first settlement, have great encouragement to labor to preserve the
free institutions for which the former efforts were chiefly valuable. Our
wvhole grand system of free Government is in jeopardy, and must be saved
by the Farmers of the West. Foundations are-not now to be laid, but " that




Explanatory.                          vii
foundation" of Hooker's, the Supreme Power, SOVEREIGNTY-the Right of
Command of Vattel-which, GoD be praised, is in these free Peoples, these
Sovereign States, needs to be understood. As we survey this wide landscape,
stretching from the Lakes to the Gulf, from the Atlantic to the Pacific, " the
stateliness of houses the goodliness of trees when we behold them, delighteth
the eye; but that foundation which beareth up'the one, that root which
ministereth unto the other nourishmentand life, is in the bosom of the earth
concealed; and if there be at any time occasion to search into it," surely has
it now arrived to these great Peoples. We must know our rights and privileges "as Citizens of these free States, fellow-Citizens of this Republic of
States, and our duties as liege subjects of our respective Sovereign States;
we must know also the rights and wrongs of these States, to stand manfully
by the one, properly to correct the other.
Let the Farmers of the West, realize' the responsibility resting upon them
in this day of peril. Let them study into principles, and be prepared to
make their omnipotence rightfully felt through the palladium of our institutions, the ballot box. In their hands. is the power to save or to destroy.
What they will, their States will do; what the Western States determine to
have done, the North will do; and any who like not their doings may for
themselves do better.
No nobler Aristocracy, none more intelligent, more high-toned, more
honorable, than the farming population of the West, exists in equal proportion elsewhere on the globe. No gathering of Caucasians has ever been
made, excelling in numbers and in worth that of the West; none which
exhibits more of " the image of GOD."  They can, they will understand this
science of Government. They will know their rights according to those
" Laws' of Natu.re and of Nature's GOD," which our fathers affirmed to be
their rule, and with manly heroism, Christian trust, will they maintain their
rights; they will gladly investigate to learn their wrongs, and as Christians,
Christian Peoples, will they do all in their power to right their wrongs.
When the West shall have made due investigation and given utterance to
its voice in favor of State rights, and of a true Federal Union to perpetuate
those rights; how much longer is it probable their brother Farmers, the
worthy Aristocrats of the South, will wish to wage this war? Surely will it
not be long before the Farmers of the South and of the West, will find some
means of reconciliation and peace.
Another word to the Farmers of the West. Citizens! appreciate your
high dignity of possessing CITIZENSHIP in these free States, fellowo-Citizenship
in this Republic of States. Most painful has been the sight, that even here
in the West, even among the Farmers themselves, have there been those who
have dared to raise the hand of violence against the laws, against the administrators of the laws. No matter how enormous the wrong done'by the
Administration, either with or without the forms of law; no matter what
the usurpation or tyranny committed, let not the advantage be given the
tyrants, of violent resistance to authority. That is only requisite in States
under Aristocratic or Monarchic sway; not in free States, where the Right
of Command is possessed by the Citizens themselves in the aggregate. The
beauty of our system is, its chief excellence consists, in the ease and quiet
with which, by the periodical revolution of power to the Peoples, they
change their rulers who shall have perverted their authority. For the sake
of our glorious institutions in peril, for the honor of our KrGa, JEHlovA, let
these Christian Citizens, these Christian Peoples, sufficiently investigate the
principles. of their Government, to understand the sure and proper means
they possess to protect their rights and liberties. If necessary to endure




iiin                        Explanatory.
these wrongs for eighteen or twenty long and weary months, for GoD's sake
let us summon our patriotism  and fortitude to. the manly, heroic work.
Citizens!  Christian Citizens l oh, let us avail ourselves of this grandest opportunity of centuries, which the hand of Providence has accorded us, of proving
the adaptation of these Peoples to self-Government; of the wisdom and excellence of this compound system of State and Federal authorities!
Especially to fellow-Citizens who style themselves Democrats, is the
appeal made to ever maintain law and order.  Of all men in the land,
should we Democrats, as we are called, truest Federal Reepublicans as we are,
those of us especially who are sons of poverty and toil, be most earnest conservators of our institutions as they are.
Much is said of the necessity of a stronger Government, and every outbreak of passion on the part of the' subjects of these free States, is joyfully
welcomed, nay, promoted, by the infernal'schemers who would change our
Heaven-sanctioned form, for one which could be turned more to foster their
selfish purposes.  Are the mass of these Citizens to be benefitted by any
change?. If we are to have a change of Government, a privileged class, a
Nobility, is to be created. Who will more likely have those honors, than
the harpies, the scavengers, that have been gorging themselves'with the
spoils? the vile cheats, who by all sorts of trickery and corruption, have
basely plundered the public coffers? Will any Citizen, any sincere Federal
Repubbican, whether called Democrat or Republican, do aught to further the
schemes of those scoundrels, who would now like next to secure their plunder by overthrowing our Government, and introducing a Nobility, with its
rights of primogeniture and entail? Will any real Democrat, or true Republican, make himself an abettor of the conspiracies of those hellish'traitors,
who would-avail themselves of this calamitous condition of'our country to
overthrow the People's liberties?
These Citizens want no other form of Government; they will have no
other, if they will only investigate the excellences of this Federal system,
which was given by GoD to his favored People of old, and which that'same
GOD and our GODs has led'us by His providences to adopt, with improvements adapted to the advance of this Caucasian race. Talk of a stronger
Government? The equal of it to protect the right, guard against wrong, the
world never had. What other system could bring such armies into the field
as these Federal systems of the South and of the North? And had our Administration realized the magnitude of this contest as did the Citizens, and only
permitted the free volunteering of our Citizen soldiery, the first twelve months
would have given us armies that ere now would have brought honorable peace,
and with no conquest of the South. And only let us bide -our time patiently,
and we shall discover new and unappreciated excellences in Federalism, in
righting the wrongs of rulers, which only such, events as these could properly develop. Not unless military usurpers should dare to interfere with
the just and impartial verdict of the ballot box, allowing voters of one party
to return home in sufficient numbers to control the election, and refusing
others, as has been charged upon them in the late contest in Connecticut,
will the People be justified in rising against their tyrants. I do not say the
charge is true, but I do say, that if any such infamous attempt be made, let
the Citizens rise in their might, and hurl the minions from their places of
power, before they shall have a chance to fasten upon freemen the chains
they will have forged. When the palladium of our rights and liberties, the
ballot box, is interfered with, will it be time for these Citizens to take laws
and authorities into their own keeping.




INTRODUCTORY COMPEND.
~ 1. WHETHER  OF THE IMAGE OF GOD OR BEAST.
WItosoever sheds man's blood, by man shall his blood be shed, for in the image of HARRINGTON,
Prerogative
God made he man. If this Rule holds as well in shedding the blood of a Turk as of of Peougar
a Christian, then that wherein man is the Image of God is REASON. Of all Con- Governaent,
troversys those of the Pen are the most honorable,: for in those of Force, there is more
of the Image of the Beast, but in those of the Pen, there is more of the Image of Reason and
God. In the Controversys of the Sword, there is but too often no other Reason Force-Pen
and Sword.
than Force; but the Controversy of the Pen has never any Force but Reason.
Of all Controversys of the Pen next those of Religion, those of Government are
the most honorable and the most useful; the true end of each, tho' in a different way,
being that the Will of God may be don in JEarth as it is in Heaven. Of all Controversys of Government, those in the vindication of Popular Government are the most Governmentalu
noble, as being that Constitution alone, from whence all that we have that is good is controversies
descended to us; which, if it had not existed, Mankind at this day had bin but a -popular,
IHerd of Beasts. The Prerogative of Popular Government must either be in an ill most go.
hand, or else it is a game against which there is not a card in the whole pack; for we
have the Books of MosEs, those of the Ge-eecs and of the Romans, not to omit MACHIAVEL, all for it.
Thus wrote HIarrington, in his preliminary epistle to The Preroyative sgngestions:
of Popular Government, published in London, 1656.  A timely sugges- old, still timetion for the Christian English People in the troublous period of the seventeenth century, much more so is it for us, their children, in this most
peaceful era of the world; for these most prosperous of nations-; for us,
who, among the most enlightened, most Christian Peoples, have, in this
nineteenth century, had the hardihood to desert "reason" as the arbitrator of our differences, and resort to "force;" have exhibited the folly
and the wickedness of choosing that which has "more of the image of
the beast," to redress our wrongs, rather than that which has "more of
the image of GGOD."
~ 2.-OUR  DIFFICULTIES, AND THEIR CAUSES.
The struggle for supremacy in the days of Harrington, was between South; and
Monarchy and Republicanism; but we, in our madness, are on both sides to maintain
fighting for one and the same purpose, the maintenance of popular popalar rights.
1




2                 Our Fcederal Union: State Rights and WTrongs.
~ 2. Our diffl- rights. The South began the war, as we shall see, having been led, by
culties and
their causes. circumstances too numerous, to believe that the North were for consolidation, and for administering the Federal Government on that basis; and
we-in the North are fighting chiefly to sustain our Government, unjustly
attacked, and to preserve our Union and our institutions as they were
established by the joint wisdom of the fathers of the South and of the
North.
A few ultraists in the South have, no doubt, desired disunion per se,
and also a few abolitionists in the North; but ninety-nine hundredths of
the people in each section were and are anxious to maintain our Union
and our institutions on the basis of our.fathers; and on both sides are
they fighting for that very and sole object.  The South, it is true, make
their first purpose the maintenance of State rights, the fundamental principle in a Federal Republic; but they only wish to establish State rights
in order to make more secure a true- Federal Union.  We in the North
are fighting for the Union directly; the South, having clearer, more correct conceptions of the nature of'our Union, and that it must exist
solely on the federal basis, guarding securely against the ever-dreaded
evil of consolidation, are fighting first for State rights, which we in the
North would; ourselves fight'for as quickly as they, under like circumstances.
An inscrutable Providence, but for wise and good purposes in due
The war'will
prevent con- time no doubt to be discovered, has permitted the little handful of fanatics
solidation.
in the two sections to avail themselves of wrongs done on both sides, to
engender animosity and strife, and, through errors and misconceptions,. to
lead these brethren, bound together by so many cords of interest and
affection, into civil war.  Perhaps Infinite rWisdom, seeing the dangers
of consolidation into which: we were fast drifting, gave us war as a less
evil.  To teach us the nature of our Union, to make it well understood by ourselves and all nations, and to perpetuate it for all time, perhaps the GOD of battles thought it best we should fight for it; and the
probabilities are, that the lesson will be deeply impressed, and never
effaced.
The wcary jtt  I go further.  If we in the North will not adhere to the views of the
if necessary to
preventcon- fathers as to our Federal Government and its administration, the South
solidation.
will be justified before the nations, and the -GoD,of nations, in separating.themselves from Peoples who deliberately and knowingly violate the
principles of Union; will be justified in this war, however unjustly begun,'as a means necessary to separate themselves from false, perfidious Peoples.
The West, at all -events; will not put herself in that situation; neither
will the Eastern States, particularly New England, when they learn the
importance of perpetuating the truths ever inculcated by their early fa.
thers, and most vigorously during the last war with Great Britain.
Elementary     The currents of our difficulties, swollen into torrents and bearing us
pivcriplent'o to destructioni traced to their source, will be found to spring from ignostoonder-  rance and misconception of the elementary principles of Government.




Introductory Comnpend.                                     3
On the part of the North, the error is the misplacement of Sovereignty, ~2. oieu Mllf
and misapprehension of its nature and powers; on the part of the South, their causes.
it is misconception of the rights of individual States, the nature of compact, and the necessity of war.
Both extremes are wrong; and their advocacy by fiery zealots, and Resulting
oversight of the remedies our system itself provides, have led us to civil
war. The first is to be deprecated, as tending to consolidation, which is
at once unnecessary, inexpedient, and dangerous; the latter, as undermining, destroying the very basis of all social. fabrics, the obligation of pact
and faith; and both are alike opposed to the established principles of the
Law  of Nations.  The North errs in imagining that a. sovereign State
should or can be governed by any. earthly. power; the South, in affirmimg that a sovereign State is not and cannot be bound, but may annul its
compact at will.  Notwithstanding the apparent paradox of a bound
supreme power, the study of International Jurisprudence makes it clear
and right, and the magnificent system of our Republic of Nations is firmly
established upon that solid foundation.
~ 3.-THE  SCIENCE OF GOVERNMENT.
Tmportanco of
At any and all times is the science of Government worthy of our undelstanding
most earnest consideration.  But situated as are. we, fighting solely for its principles.
its principles, and to. establish and perpetuate our priceless liberty, with
its rights and institutions as bequeathed to us by a common ancestry, it
-behooves us thoroughly to investigate the points in dispute.  We may
fight on and on for years, but the period must come when we shall leave
the "beast." and- take to "' reason.": Then shall we study the Law of
Nations, to learn our mutual rights and wrongs; and if Christian nations,
as we profess to be; if we properly realize our duties and obligations to
the GOD of nations, to each other, to the whole family. of nations; if we
duly appreciate the influence of our example, the importance of this Fed.
eral experiment to all humanity, how long will it take us to understand
our duty, and do it? how long is it necessary and best to continue the
war, in order to prepare us for negotiation, and for the enjoyment of the
blessings of peace?.
The science of Government is the grandest, most ennobling, that can Grandeur of
governmental
engage man's attention; and in practical importance is it exceeded by science.
none.  What. else affects the comfort, prosperity, happiness,.safety of
individuals, of families, of towns, of: States,. of the world,. equally with.
GOD teaches
Government?  Transcending all other sciences, even in the judgment of us this science.
Deity, this alone is singled out as worthy the Infinite Father's aid to
unfold to His children its mysteries.
There are good reasons for this, in a measure comprehensible by us. Man's
JEHOVAH, as the crowning work of His creation, said:                    creation.
Let us make man in our image, after our likeness: and let them have do- Gen. 1, 26.
minion over the fish of the sea, and over the fowl of the air, and over the cattle,, and
over all the earth, and over every creeping thing that creepeth upon the earth.




.4,                Our Fdercel Ufnionr: State Rights and  Wrongs.. S3cience of He made man a little lower than the angels, crowned him  with glory
and honor, and set him over the works of His hands, putting all things in
subjection under his feet.   Thus was given  to  man dominion, pro.
Man's domin- prietary right in  all things of earth; and, had  he  continued  holy,
ion.        just, and good, he would probably have exercised joint dominion, using
all things in common.  These " sons of God," however, were not to be
mere machines, but independent moral agents, capable of choosing for
themselves between good and evil, right and wrong. Our first parents,
the representatives of our'race, when the choice was placed before them,
deliberately took the evil, and violated the first command given them
by GOD.  Man then became a rebel against the Divine authority, and a
system  of Government must be framed suited to his fallen condition.
His character was changed; and, instead of being governed by the law
of GOD, seeking in all things the highest glory of GoD, the best good
of his fellow, selfishness becamne the predominant trait.
The judicious Hooker remarks:
9irQoK's  i29  That which hitherto we have set down is (I hope) sufficient to shew their brutishi9. ness, which imagine that religion and virtue are only as men will account of them;
NAtm!e     that we might make as much account, if we would, of the contrary, without any harm
teaches law.  unto ourselves, and that in nature they are as indifferent one as the other. We see
then how nature itself teacheth laws and statutes to live by. The laws which have
Man obliged  been hitherto mentioned do bind men absolutely even as they are men, although they
in a state of
nature.     have never any settled fellowship, never any solemn agreement amongst themselves
States estab- what to do or not to do. But forasmuch as we are not by ourselves sufficient to furlished that
man could at- nish ourselves with competent store of things needful for such a life as our nature doth
tain his highest dignity.  desire, a life fit for the dignity of man; therefore, to supply those defects and imperfections which are in us, living single and solely by ourselves, we are naturally induced
States must  to seek communion and fellowship with others.l This was the cause of men's uniting
have govern- themselves at the first in politic societies, which societies could not be without government.
ment, nor government without a distinct kind of law from that which hath been already
A State's foun- declared. Two foundations there are which bear up public societies; the one, a natdation, and
form of gov-  ural inclination, whereby all men desire sociable life and fellowship; the, other, an
ernment.    order expressly or secretly agreed upon touching the manner of their union in living
together. The latter is that which we call the Law of a Commonweal, the very soul
of a politic body, the parts whereof are by law animated, held together, and set on
Lawsmade for work in such actions as the common good requireth. Laws politic, ordained for exm& as sinful. ternal order and regiment amongst men, are never framed as they should be, unless
presuming the will of man to be inwardly obstinate, rebellious, and averse from all
obedience unto the sacred laws of his nature; in a word, unless presuming man to be
in regard of his depraved mind little better than a wild beast, they do accordingly
provide notwithstanding so to frame his outward actions, that they be no hindrance
unto the common good for which societies are instituted; unless they do this, they are
not perfect. It resteth, therefore, that we consider how nature findeth out such laws
of government as serve to direct even nature depraved to a right end.
Government of man over nlan would have been unnecessary, had he
Knowiedge of
the fall i'eces- continued holy; so that the knowledge of man's creation, temptation and
saryttope- fall, was necessary to his understanding the end and purpose of Governly understand fa  
mnls govern- ment, not less that relating to time than to eternity.  We must know
1 How perfectly this accords with Aristotle's sentiment, beautifully illuminated by the light of
Revelation, as the reader will see in extracts following.




Introdzuctory  Compend.                                    5
how it is "the heart of the sons of men is full of evil, and madness is in ~8. s3 nccf
their heart while they live "-why  "the heart is deceitful above all Teile
The Bible
things, and desperately wicked," to understand the necessity of man's gives this.' Y'cel. ix, 8.
control by law and -authority.  We had lost all knowledge of this, and Jer. xvii, 9.
hence a Divine revelation became necessary.  This we have in the
BIBLE, which incidentally instructs in various subjects, but is replete
with advice, direction, and laws for man's Government.  The primary
object is to inform us of our relations to the Ruler of the universe, and to
His eternal Government; but it also teaches self-government, and how to
govern each other. Indeed, the Creator has so interwoven the duties
and obligations of man to himself and to his fellow with those to Deity,
that they are not to be dissevered.
With what deep concern should we regard a science that takes hold Imnpsottane of
governmental
of every interest of time and of eternity, and in which we have allscience.
requisite instruction from the mouth of Infinite Wisdom! With what
profound reverence does it become us to receive and examine those instructions, given not only by precept, but by example! To the Christian
especially does this subject strongly commend itself.  Investigating and
applying to human government, which is more within the compass of our
faculties, the principles GoD has communicated, we are led along step by
step toward the great Fountain of all authority; and the study of man's
finite works, unfolding the reasons upon which Sovereignty, the Right of
Command, is based, helps us to comprehend more and more the propriety,
wisdom, and excellence of the sway of the LORD of lords, the KING of
kings, which rests not only upon His proprietary right as Creator, but
upon the same principle of beneficence which justifies human Government.
But the Framer of man understood his frailties and imperfections. The Bible
Knowing that precept would have less power over us than example, we ample as,well
are taught also by the latter; and a record is given of early nations in asprecept.
the Bible, nowhere else to be found, and the value of which, in the science of International Law, we little appreciate.
Of the antediluvian world, the account is short; and if any form of No Government before
government existed, it must have become vicious, corrupt, worthless.    the flood.
And GOD saw that the wickedness of man was great in the earth, and that every Ge. vi, 5.
imagination of the thoughts of his heart was only evil continually. The earth also was
corrupt before GonD, and the earth was filled with violence. And GOD looked upon the
earth, and, behold, it was corrupt; for all flesh had corrupted his way upon the earth.
And GOD said unto Noah, The end of all flesh is come before me; for the earth is
filled with violence through them; and, behold, I will destroy them with the earth.
They had no proper systems of Government, or the earth would not iran goes to
destruction
have been filled with violence and corruption.  Possibly that is the warn- withouttGoving example to all sentient beings existing in the myriads of worlds ement.
throughout space, of creatures left by their Creator to their own management. But whether of value to other worlds or not, it teaches us the
practical lesson, that, without strong and sufficient Government to control




6                  Our Foederal  rUnion,: State  Rights and  Wrongs.
~8. Sncineeof erring man, he goes to destruction; and though the bright bow in the
summer's cloud bespeaks GoD's promise never more to bring a flood, we
know destruction to man unrestrained, is none the less certain and irremediable.
The Hebrews
a Federal Rle-    The tenth generation from  Noah, and two hundred and ninety-two
public.
years after the flood, Abram  was born.  His descendants GoD chose to
take under His special care, and He taught them the science of government. The Old Testament abounds with instruction given this favorite
people; and, considering the circumstances, we may infer that, both as
to the form and as to the details, GoD designed it to be a lasting example
to the world, of what He deemed the best Government for man.  As we
shall see in the sequel, the Confederacies of ancient Greece, and this of the
United States, appear to be more like it than' any other, till that wicked
people chose to rebel against GoD, consolidate their States, and have a
king. 
The Jews sub-    The Jews became corrupt, and were enslaved to the Romans.  About
jeeted to the
RP&omalls.  the same period, too, the Grecian Confederacies, torn to pieces by dissensions and wars among themselves, one after another became also subject
to the empire of Rome.
Our Saviour's   Amid the subjection of the Jews to the Romans, our blessed SAvIOUR
birth.
was born.  Although His errand was chiefly to fulfil the plans of Deity,
with reference to the spiritual Government of our race, yet the interests
of time and of eternity are so identified; the influences of this hand'sbreadth of existence are so ineradicable from  man's nature throughout
His teachings eternal ages, that a large part of His teachings have direct reference to
concerning
Government. Our duties toward each other, and particularly those relating to government. Both by precept and example did He teach entire subjection to
the constituted authorities, notwithstanding His own people, and He
tis crucifix-  with them, were enslaved to a foreign power.;  and He himself was,
ionunder Roman law, unjustly tried, condemned, and crucified, after a
wicked, false, malicious trial and condemnation. by the Jewish Sanhedrim.
-not under      Further should we observe, that this iniquity was perpetrated, not
butMonarchy. under the form of free Government-the Righit of Command in the people
-as instituted by GoD for His favorite Israel, and under which Rome
had risen to its great power, but, when, after seventy years of usurpation
and tyranny, the Commonwealth had been changed into an Empire. In accordance with the plan of the Sovereign of the universe in the salvation
of fallen man, the Son of GoD must be crucified; but Democracy, the
form most nearly approaching, in its hidden mystery, that of the august
1 This is not the generally received opinion. Sidney, Lowman, and others, styled the ancient
government an aristocracy, and I supposed they knew. But a careful study of the Old Testament
satisfied me that each tribe was a State, and that they were united in a Federal Republic till Saul
was made king. Harrington treats them as a Commonwealth, Lewis as a Republic; but calling
upon Dr. Raphall, an eminent Jewish rabbi in New York, he read to me from a work of his, confirming my opinion that each tribe was an independent Democracy, the twelve constituting a
Federal Republic, and he has kindly promised his aid in the interesting examination of the government of his ancient people. Chancellor Matthews, too, I find, has issued a work, in which he
takes the same ground with others.




.Lnroductory  Convpend.                                        7
majesty of Heaven, is saved from  the commission of this awful crime,  4odrn seIfer
and Monarchy is made the instrument.                                         nationalLaw.
~ 4. RISE OF MODERN INTERNATIONAL LAW.
Our SAVIOUR'S teachings, and those of the apostles under Divine
inspiration, have given new beauty, efficacy, and strength to Govern-Influence of
merit; and had the principles of the Old Testament, with the meliorating the Bible not
influences of the New, been properly operative on man, we should' have
no record like that of the Dark Ages, succeeding the fall of the Roman The Dark
Ages.
empire.  But a mysterious Providence allowed the mind and heart of nankind to grow darker and darker for many centuries, till, in the sixteenth, The Reformathe light of the Reformation broke upon the world.  All departments of
knowledge felt the genial influences, and none more so than Government.
The world was blessed with the beneficent rule of Elizabeth and Henry
IV, though not unmixed with wrong. Toward the close of that century, The Bible the
basis of the
the great Bacon taught the world new  principles of philosophy, based new lawofnaupon the eternal truths of the Christian religion. Barbeyrac, in his able tions.
paper prefaced to Pufendorf, observes:'Posterity will be eternally obliged to him [Bacon] for the great Light and noble BAIBEYRAC'S
Projects he has furnished the World with; towards the general restoration and ad- OPiriof of Ba
con-Preface
vancement of the Sciences. We have reason to believe, that it was the reading of the to Pufdndorf,
works of this great man, that inspired Hugo Grotius with the thoughts of attempting P. 19.:the first to compose a system of the Law of Nature; which he afterward undertook, at — of Grotius
the solicitation of the celebrated Nicholas de Pierese, Judge of the High Court of Parliament for Provence.'Its pretended that Melancthon had already given a sketch of
something of this kind in his Ethicks; and they tell us too of one Benedict Winckler,
who published in 1615 a book entitled, Principia Juris; wherein he entirely departs
from the method of the Schoolmen, and maintains against them, amongst other things,
that the Will of God is the very Fountain and Foundation of all Justice. But'its
acknowledged, that the latter of these two often confounds the Law of Nature with
that which is positive; and that neither the one nor the other has afforded any more
than a small gleam of light; not sufficient to dissipate those thick clouds of darkness,
in which the world had been so long invelop'd. Besides, Melancthon was too much
prepossessed in favor of the Peripatetick Philosophy, ever to make any great progress
in the knowledge of the true fundamental principles of the Law of Nature, and the
right method of explaining that Science.  Grotius therefore ought to be regarded as -father of the
the first who broke the ice; and most certain it is, that no-man could be better quali- science.
fied for such an enterprise. Extraordinary clearness of understanding, exquisite judg- His qualified.
ment, profound meditation, universal knowledge, prodigious reading, continual appli- tions.
cation to study in the midst of a great many vexatious obstacles, and the necessary
duties of several considerable employments, with a sincere love for truth, qualifications which no one can deny properly to belong to that great man, without wronging
his own judgment, and bringing his character in danger of the imputation either of
base envy or gross ignorance. If (as has been very rightly observed) [in Parrhasiana,
vol. i, p. 346] he was not' thoroughly acquainted with the art of' thinking justly; the
Philosophy of his time being still very dark and obscure; he has supplied, in a great
measure, that defect, by the force of his good sense. If without the help of art, he
has shown somuch delicacy of taste, and true discernment,'what would he not have His chief
done had he been entire master of the art of reasoning justly and of rightly method- work, the
LZae of War'
izing his thoughts, which is now and has been for some time, to be had? His work and Feac,!was first published at Paris in 1625, and dedicated to Louis XIII. It is said he at published in
first designed to have entitled it,'e Law of Nature and Natons but he chose after 1625.
first.designed-to have entitled it, Tne Law of Nature and Nations, but he chose after



8                  OOur Fcederal  TUnion: Stato Righzts and  Trongs.
~ 4. Rise of  wards to give it the title it now bears of Vels Leaw of War and Peace. What he had
Modern International Law. chiefly in view was, to set forth those duties which the several nations of the world, in
Grctius'    their sovereign powers that govern them, owe one to another; and how the differences
objects.   arising between them might be justly terminated. For which purpose he takes into
his work the principal subject matters of natural jurisprudence and politics, and lays
down also principles sufficient to establish the most considerable duties of private men.
He himself owns that he is far from having exhausted so copious a subject; and wishes
that others may supply what is wanting; to the end that mankind may one day be
furnished with a complete system of this science. Never had book a more universal
approbation.
Hbeappliesthte  lugh Grotius (Hugo de Groot) was born at Delft, in 1583, and died
Bible to the                   (    o       r
NLaw of    in 1645.  Not only is he the father of the modern system  of governNations.
mental science, but to him is generally conceded the distinguished honor
of being the first to apply to it the truths and principles of the Bible,
though. his great work is also  supported  by the wisdom  of Greece
and Rome, and of the early Christian writers.  In his preface he obh;serves:
GROTIUS' pro-   Of the authority of such books as holy men, by the afflate of God's Spirit,
legomena to
Rights of War have written or approved, we often make use, yet with some difference between the
atnd Peace, p. Old and New Testament. The former is by some quoted for the very law of nature,
Xviii.
but.without doubt erroneously, for many things therein do proceed from the free
will and pleasure of God, which notwithstanding is no whit repugnant to the truth
of the law of nature; and so far arguments may be drawn from thence, so that we
His Uso of the
Bible.     carefully distinguish that law of God, which God by men doth sometimes execute, and
that which men execute among themselves. We have, as nearly as we could, avoided
both.this error and another contrary unto it, which is, that after the times of the New
Covenant,.there is no use at all to be made of the Old. As to this, we are of a contrary judgment, as well for what we have already said, as because such is the nature
of the New Law, that whatsoever is commanded in the Old, appertaining to virtue
and good manners, the same, or much greater, is commanded in the New, and after
this manner do the ancient Christian writers make use of the testimonies drawn from
the Old Testament. But to the right understanding of the sense of the Books of the
Old Testament, we have no small help from the Hebrew writers, especially those who
were thoroughly instructed in the langu'age and manners of their own country. The
New Testament I do also make use of, to instruct Christians in what is lawful for
them to do, which cannot be elsewhere learned; which notwithstanding (contrary to
what some have done) I have distinguished from the Law of Nature: Being most
assured that, in that most holy Law, a greater sanctity is commanded than that which
the Law of Nature doth of itself require. Neither have I omitted to observe, what is
rather commended unto us than commanded, that so we may understand that to do
the contrary to that which is commanded, is impiety, and renders us lyable to punishment; but eagerly to aspire to that which is most excellent, as it argues a noble and
generous mind, so shall it not want its due reward.
Earlier        The honor due to Grotius is not to be diminished by admitting what
authorities,  is fairly due to others.  Constantly, as these investigations have been
Nothing new prosecuted, has the force of Solomon's query been impressed:'" Is there
under the sun. any thing whereof it may be said, See, this is new'? It hath been already
Ecs. it, 10. of old time, which was before us."
Imperfectly as have the writings of Aristotle and Cicero been preAristotle and
Cicero,    served, they yet give quite completely the fundamental principles of Gov.
ernment, and are in remarkable harmony with the older, more perfect,
better grounded teachings of the Bible.  Nor was Grotius the only one,




Introductory  Comnend.                                         9
or the most ancient of his cotemporaries, to draw  forth things old, if not ~ 4. Rise of
new, from the rich treasure-house of governmental science.                   national Law.
Richard Hooker, who died in 1600, had published five books of his I-0ooxK,'8s Be'clesiastical
Ecclesiastical Politie, and the other three appeared soon after his decease. Politie, 1592It abounds with solid truths relating to Government of State as well as
Church; and the term judicious, which Izaak Walton says, in his interesting memoir, was used in his epitaph by Sir William Cooper, has by
common consent been applied to him. The judicious Hooker developed
so clearly and forcibly the principles of Government, that it is unaccountable Grotius and Pufendorf should not have referred to him, particularly
as their views so well coincide. Locke quotes him as eminent authority,
though their teachings on some important points, it seems to me, are not
easily to be harmonized.  lIe begins his great work with such remarkably judicious observations to the reader entering upon such an examination, that, although nearly three centuries old, they are precisely adapted
to us.  May they deeply impress us, as we seek for "that foundation
which... is in the bosom  of the earth concealed "-the Sovereignty
of. these Peoples by States.  " What may seem  dark at the first, will
afterward be found more plain;" not made so by the glimmering rays
of my feeble intellect, but by the strong and steady light of those burning suns of wisdom.  Says Hooker:
He that goeth about to persuade a multitude that they are not so well governed as
I"OOxER,
they ought to be, shall never want attentive and favourable hearers, because they know WorkE, i, 19S.
the manifold defects whereunto every kind of regiment is subject, but the secret lets
and difficulties, which in public proceedings are innumerable and inevitable, they neverwant
have not ordinarily the judgment to consider. And because such as openly reprove hearerssupposed disorders of state are taken for principal friends to the common benefit of -being supall, and for men that carry singular freedom of mind; under this fair and plausible fiiends of the
color whatsoever they utter passeth for good and current. That which wanteth in peoplethe weight of their speech, is supplied by the aptness of men's minds to accept and inclindetoPlie
believe it. Whereas on the other side, if we maintain things that are established, we ten.
have not only to strive with a number of heavy prejudices, deeply rooted in the Friends of orhearts of men, who think that herein we serve the time, and speak in favour of the to be selfiosh
present state, because thereby we either hold or seek preferment; but also to bear
such exceptions as minds so averted beforehand usually take against that which they
are loth should be poured into them.
Albeit therefore, much of that we are to speak in this present cause may seem to a Science of
number perhaps tedious, perhaps obscure, dark, and intricate (for many talk of the Governmffulent
truth, which never sounded the depth from whence it springeth; and, therefore, when
they are led thereunto, they are soon weary, as men drawn from those beaten paths
wherewith they have been inured); yet this may not so far prevail as to cut off that
which the matter itself requireth, howsoever the nice humour of some be therewith Examination:pleased or no. 2 They unto whom we shall seem tedious are in no wise injured by us, voluntary.
because it is iii their own hands to spare that labour which they are not willing to endure. And if any complain of obscurity, they must consider that in these matters it
cometh no otherwise to pass than in sundry the works both of art and also of nature,
where that which hath greatest force in the very things we see, is, notwithstanding,
itself oftentimes not seen. The stateliness of houses, the goodliness of trees, when we
behold them, delighteth the eye; but that foundation which beareth up the one, that IxaOine fotun
root which ministereth unto the other nourishment and life, is in the bosom of the dationsearth concealed; and if there be at any time occasion to search into it, such labour is




10                Outr liederal Union:  State Rigdts and  Wirongs.
~ 4. Rise of  then more necessary than pleasant, both to them which undertake it and for the lookersMvodern International Law. on. In like manner, the use and benefit of good laws, all that live under them
may enjoy with delight and comfort, albeit the grounds and first original causes from
-when obedi- whence they have sprung be unknown as to the greatest part of men they are. But
enfe to law is when they who withdraw their obedience pretend that the laws which they should
obey are corrupt and vicious; for better examination of their quality, it behoveth the
very foundation and root, the highest well-spring and fountain of them, to b'e disThis dimcult, covered. Which, because we are not oftentimes accustomed to do, when we do it,
theing dark, &.be the pains we take are more needful a great deal than acceptable, and the matters
which we handle seem by reason of newness (till the mind grow better acquainted
Authors' en- with them), dark, intricate, and unfamiliar. For as much help whereof as may be in
deavor to
make first  this case, I have endeavoured throughout the body of this whole discourse, that every
principles    former part might give strength unto all that follow, and every later bring some light
Readers not to unto all before. So that if the judgments of men do but hold themselves in suspense
judge prema- as touching these first more general meditations, till in order they have perused the
turely.
rest that ensue, what may seem dark at the first will afterwards be found more plain,
Thofigh stdarkt even as the later particular decisions will appear, I doubt not, more strong when the
plain.      other have been read before.
0ale.igh, abont    The renowned Sir *Walter Raleigh, too, wrote a most interesting
tract, which is preserved in the Somers' collection.  When visiting the
cell in the Tower of London in which that great soldier, civilian, and
scholar was for fourteen years incarcerated, I trod with awe in the footsteps of the man who had the eminence of first planting Anglo-Saxon
colonies in America, leading an enterprise that must be more influential
upon all humanity, than any event since the discovery of the New
World.  I did not then know  he had written a work on Government,
antedating Grotius, well, though very succinctly, unfolding the same principles.  The.reader will be pleased to see the short tract and accompanying letter to Prince Henry, and learn on what a solid foundation of the
Right of Command our colonial rights began to exist under our sovereigns,
Elizabeth and James I.
iRidley, about    A volume by Sir Thomas Ridley has also come under note, entitled,
1620.       A  View  of the Civile and Ecclesiastical Law, fourth edition, with the
notes of J. Gregory, Oxford, 1676.  It is dedicated to James I; and
Rose's JBiograChical Dictionary says the author was
Ross's         An eminent civilian, descended of a family of that name in Northumberland,
Biographieal
P.ictionrary.  was born at Ely, and became master of Eton School, afterwards one of the Masters in
Chancery, Chancellor to the Bishop of Winchester, and Vicar-general to Archbishop
Abbott. He also received the honour of knighthood.  He died in 1629. He published a view of the Civil and Ecclesiastical Law, which was much admired by James I.,
and was afterwards reprinted by the learned Gregory, chaplain to the Bishop Duppa.
Conflicting ju-    Ridley wrote, to clear up the controversy then existing between civil
risdiction.
and ecclesiastical jurisdiction.  The authority in both courts proceeded
from one and the same fountain, the Sovereignty-Right of Command —of
King James.  Yet were there conflicts in the exercise of this authority,
fromn not properly understanding fundamental principles.  He remarks,
in his address to the " Gentle Reader ":
pRIDEYP'8      Besides, seeing how frequent prohibitions are in these dayes, in causes of either
rS-eface'    ncognisance more than have been in former time, I thought it not unworthy my labour




Introductory  Compend.                                       11
to inquire and see upon what just grounds they are raised up in this multitude; not ~ 4. Rise, of
Modern Inter,
of any humour I. have, to gainsay the lawful proceedings of my Court (which I national Law.
reverence, and most readily acknowledge their authoritie in all things belonging to   vCiv1 o
their place), but to know and search out the truth of those suggestions that give cause and Ecclesiunto these prohibitions. For when as such Lawes as are written of these businesses, astial LLaw.
are written indifferently, as well for the one Jurisdiction as the other, no man is to be Search the
ground of inoffended if the one Jurisdiction, finding itself pressed bythe partial interpretation terpretation.
(as it supposeth) of the other, inquire the ground of such interpretation, and labour to
redress it if it may be, by the right interpretation thereof: To the end, that either Jurisdiction may retain their own right, and not the one be overtopt by the other, as it
seemeth to be at this day: And that in such matters (as they conceive) of their own
right, as depend of no other authoritie but of the Prince alone: which is the thing onely
that is sought in this little Treatise. And therefore the.Reverend Judges of this Land
are to be intreated, that they- will vouchsafe an equall interpretation of these matters,
as well to the one Jurisdiction as the other, for so it is comely for them to do; and if
they do it not, the other are not so dull-sensed but- they can perceive it, nor so
daunted, but that they can flie for succour unto him, to whose high place and wisdome
the deciding of these differences doth of right appertain. PENELOPE is said to have
had many woers comely in person and eloquent in speech, but shee respected none
but her own ULYSSES: Such should be the mind of a Judge, that whatsoever other
appearance oi.show of truth be offered, one saying, This is the true sense of the law,
and another that; yet the Judge should respect none but the very true germane and
-genuine sense thereof indeed. Which if it were religiously or indifferently observed in
every Court, then needed not this complaint that now is, but every Jurisdiction should
peaceably hold his own right, such as the Prince, Law, or Custome hath afforded
unto it.
As a conflict of jurisdiction then existed from  ignorance and miscon- Confict of our
jurisdictions,
ception, so one now  prevails in these States of ours, and for the same State and Fedcause. Our Sovereignties, it is true, have wisely forborne to exercise their
authority in ecclesiastical affairs, but have made an,important division in
their civil affairs, having given jurisdiction to one set of officials in their
home- concerns, and to another set of officials, jointly with their sister
Sovereignties, in a few  of their most important concerns, which could
best be managed'by a Union; and we have run into perfect confusion, both
in the juridical practice, and as to the source of authority. The learned
author begins his lucid exposition of the subject by observations concerning law, which are desirable for the uninformed reader, particularly those
relating to feuds, in order to understand feudal rights; and the epitome,
even cut short, as it must be, will prove the honor due to Rome for its
high attainments in law, and afford a justification for Grotius, in particular, for having drawn precedents so largely from Roman authorities in
establishing his principles. He has been criticized for this; but, while
modern Christian nations afford the bestprecedents for International Law
based upon the Bible,. the most civilized and correct nation of antiquity
is worthy of close observation, and was preeminently so in the age of
Grotius.
In 1642, Thomas Hobbes, " a great mathematician, and. one of the nobbel.,42
most penetrating geniuses of his age," published his De Cive, and, in L65vathan,
1651.
1651, his Leviathan.  He agrees with Grotius as to the mode of exist- BARsBEYrcAc,
Preface tofPuence and powers of States and of Sovereignty, and as to the forms of fendorf, p. 0so.




192                  Our Eeederal Union': State Rights and TFrongs.
odern Interof  government, but is a strenuous advocate of Monarchy, and believes war
national Law. to be the natural state of man, and that all obligation is the mere creaBARBEYRAC,  tion of ci-vil authority.   Barbeyrac says, "he passed for an atheist; and
Preface toPul- 
endorf, p. so. perhaps they were not very much out in their judgments who  thought
him  so; for he admitted none but corporeal substances."
HIarrington,      James Harrington published his Oceana, in 1646, advocating RepubOcextzea, 1646.
licanism, and  dedicating it to  Cromwell, though  opposed to  his usurpations.   He  also published  other works favorable to popular rights, that
will be quoted herein.
Cutmberland,      In  1672, the valuable work of that eminent scholar and  Christian,
The Law s of                                s,Latsure, 1672. Richard  Cumberland, Bishop  of Peterborough, appeared, entitled, The
Laws of Nature.   I pretend not to  have  mastered this mass of profundity, which  is nearly  as hard  to  read  as Butler's Analogy, but have
studied it sufficiently to see that the argument is irresistible. By what
logicians style the analytic mode —that from  cause to effect, the  opposite
of that of G0rotius and Pufendorf-the  same conclusions are reached.
Pufendorf highly  estimated  Bishop  Cumberland's writings, and  quotes
him  several times in  the last edition of his great work.  The original
was in Latin, and is translated by Dr. Towers, who has added interesting
notes and an appendix. To give a little insight into his method and
style, a few  sections are here presented from  his prolegomena:
CUsBERLFND,   TVhe Laws of Nature are the only solid Foundations of all Morality and Civil
Laws of Nature the foun- Polity; which we fully demonstrate in the following pages.
dation of mo-    These Laws (like most other conclusions discoverable by the light of Nature,) are
rality and
civil polity.  investigated, traced out, and' demonstrated, by the one or the other of these two
Mode of De-  ways, either,
monstration.
ocstratisen.   First, By such manifest effects as follow  from  these Laws themselves, which, in
1. Causes by
their effects.  other words, is the demonstration of causes by their effects.  Or, Secondly, By those
2. Effects from evident causes from whence these Laws themselves originally take their source and
causes.
The second   rise; and this is no other than demonstrating effects from their causes.
method is        According to the first method, the Laws of 2ature are considered as causes necesCumberland's,
-the first is  sarily producing effects.  According to the second method, the Laws of Nature are
Grotius'.    looked upon as necessary effects resulting from such and such natural causes.*
TowEUs. Two   * There are two general methods of reasoning: 1st, the Synthetic, and 2d, the Analytic. The
methods of   Synthetic method is called the arsgnentum ca priori. The Analytic method is called the argureasoning:    sssentqtm a posteriori.
1. Synthetic.    The Synthetic method, or the argzumenttum a prioeri, lays down some evident principles, and
then deduces the several consequences necessarily resulting from them.
2. Analytic.    2. The Analytic method, or the arfumentun   a posteriori, begins with the phenomena themselves, and traces them up to their original; and, from the known properties of these phenomena,
arrives at the nature of their cause. Now, the former of these two methods is evidently preferable, where it can be had (and I think it may be had almost everywhere but in the First Cause),
since the latter must depend upon a large induction of particulars, any of which, when failing, invalidates the whole argument, and quite spoils a demonstration.
Dr. CLARK.     1" It is very true," says Doctor John Clarke, on natural evil, " that this is not a strict demonstration of the general conclusion; because that can be had no other way than by trying all the experiments that can possibly be made everywhere, which is infinite and endless; but it is the best
that the nature of the thing is capable of." (Law's preface to Archbishop King's Essay on the
Origin of Evil, page 5.)
Analogy dif-    The proofs drawn from analogy cannot be called either the Synthetic or the Analytic method
fers both from of reasoning; it is rather arguing by illustration, from similitude or comparison, than from the
synthetic and direct principles of reason strictly so called; it neither proves the cause from the effect, nor the
analytic meth- effect from the cause.
ods.
It is comparing together things which we are certainly sure have already a determined existence, and carry certain habitudes to each other, either of fitness or unfitness, but it never proves,
neither is it brought to prove, the existence of the things themselves which are compared.




Introd~ctory  Compend.                                         13
The foundation of our enquiry is laid in the second method of reasoning.     ~ 4. Rise of
Modern InterThe reality and force of these Laws themselves; the demonstration of them accord- national  aew.
ing to the first method of reasoning; their actual existence, and the binding obligation of them, are points well pursued and handled by Hugh GCrotius, and by his
brother, William Grotinus, in that posthumous treatise of his, intitled, De Principiis
Juris Ncaturalis Enchiridion, as also by our countryman, Dr. Robert Sharrock, in his Sharrock,
TiroeoLs HOLKfl, in his Book of Otices, who all prove these Laws from  the confirmed Bo0esf.
and well-established opinions of several authors in different ages and countries: As
also by the corresponding testimony and concurring agreement of all nations, especially Selden,
those of the more polished and civilized, in their customs and laws.  The same Natur7al lcaw
of,Warions
method is likewise pursued by John Selden, Esq., in that learned work of his De acordfiag to
tke AdNtew
Jure Naturali Gentiuen jexta Disciplinam E brceorum.                            tode-.
And, indeed, in my opinion, all these authors have deserved very well from mankind, but in an especial degree that work of HITugh Grotius, De Jure Belli et Pacis, Grotisdd com
&c.: A work the first in its kind: A work truly worthy of its author, and as truly
worthy of immortality. Some few errors (but such they are, wherein the customs of
his native country have headlong carried away this great man) will easily obtain
pardon from a good-natured reader.
~ 2. There is not, indeed, so much weight in those objections which are generally The synthetic
produced against this method of demonstrating the Laws of Nature, as to prove it either method appliproduced                                                              cable to the
sophistical or trifling; and yet I must frankly own, that these objections have carried Laws of
so much force over some ingenious minds, as to rppresent them very useful, and to be Natnre.
the securest way of searching after a more pregnant proof from an investigation of
these causes, by whose operation a knowledge of the Laws of Nature might spring up
in the human mind: but this will appear more evident, if we briefly state those objections, and produce likewise the sum and substance briefly of arguments in answer
to them.
It is objected, first, that such reasoning is weak, whose conclusions are drawn from 1st Objection:
No one can
the sentiments and customs of either a few men, or of small numbers of civil societies know all laws
concerning the universal opinion and judgment of all mankind, since there is not any and customsone mlan who perfectly understands the lawus and customs even of that civil government
under which he lives, to say nothisng of all societies and governments; much less can -or individllhe understand the inward sentiments of all individuals, so as that he can form fair al  tllmnts.
eomnparisons and judgmnents, and to collect'all those points wherein all agree.
To which I answer, that the judgments, opinions, sentiments and [these two words Answer-Concordant suntiare probably transposed] of different nations, concerning any one point which is ob- mncts among
vious from daily experience (such as religion, or the worship of a Deity, in some mode men, establish'  ules.
or other, as generally uiderstood; an humanity of some sort or other, sufficient to
prohibit murder, theft, and adultery) may be easily formed by every man, every
where, without such a knowledge of Law as is acquired by long study and application;
because such sentiments sufficiently declare their universal agreement in these points,
even from the very Laws of Nature themselves; which consent, we find, is acknowledged by many nations as a natural good; from whence we may presume that the
same consent is also acknowledged by all other nations, from that similitude and likeness, and which universally holds in all human nature, especially since our adversaries
cannot produce any instance confirmed by full experience which evinces that any
nation entertains a contrary sentiment.  Those relations seem to me very doubtful, Exceptions.
nay, very little to be credited, which are told of some barbarous Americans and
Hottentots, as paying no manner of worship to a deity, for such negative assertions can
scarcely admit of any proof. For this reason, Acosta and some other authors seem to
pass a very rash judgment on those people whose language, custom, and sentiments
they could not possibly understand to any degree of perfection in so short a time,
since their stay amongst those nations was so very transitory.
Nay, we read, indeed, that even the Jews and Christians, whose religious discipline
was much more holy than the religion of any other nations, were (notwithstanding the
Divinity of their worship and discipline at some certain times) falsely accused of the
highest impieties.




14                  Our Foederal lUnion: State Rights and TWrongs.
~ 4. Rise of    Let this matter stand as it will, manifest it is, that these truths are clearly enough
Modern International Law. discovered to all mankind, which have been without difficulty acknowledged by all,
E-ntie      although that these very same truths have been either overlooked by some or opposed
Entire
unanimity not by others.  For it will appear, in the consequence, a matter most significant and of the
necessrary. highest moment (since this argument is evident from other proofs, as well as from
such testimony and customs) that those propositions (in which the Laws of Nature are
Laws  of Na- contained) lay down the true means for attaining the best end, and that all mankind
ture oblige all. are indispensably obliged, by the help of these very means, to pursue that very end,
i. e., the best end.
2d Objection-    ~ 3. Secondly, it is objected, That although, as well by the force of our own underAn athorcity standings, as from the behaviour of many other persons quite separate and distinct
quisite to a  from us, some certain dictates of reason may be allowed; yet that the authority of
law-        some public lawgiver, established by civil authority, is wanting, to enforce the universal obligation of these Laws; for otherwise (say these objectors) it is lawfulfor any
one mant that pleases to disobey themn; i. e., he may, by the same parity of reason,
reject the judgment of all others, by which all others may, both in word and deed,
-supported   reject the judgment of any one man.  Not only the ancients, but also our own
by Hobbesand countrymen, at this very day, Mr. Hobbes and John Selden, Esq., put their objection
Selden.     in this light, but yet with a quite different view.
ITobbes- de-    For Mr. Hobbes's objection is framed with this sinister' view, that no one should
gatroys nl bl- think himself obliged, as to any acts of outward behaviour, by the dictates of reason,
(lent to civil  antecedent to the instituted authprity'of a civil magistrate, because that all the
soiety —    institutions of such a magistrate must be construed so many dictates of right reason,
indispensably binding and obligatory, as we set forth in the following discourse.
-makes Nat-    And to this proposition of his must be* referred what he says in his book De Cive,
obligatory.t chap. 14, sect.'15, "That Natural Laws, although set forth in the writings of philosophers, cannot, for that reason, be deemed written Laws, the supreme authority of the
civil magistrate being wanting."
Hobbes disa-   It was not, to be sure, in Mr. Hobbes's intention to take away from the Laws of Narees with   * ture the title of Laws; because he has vouchsafed to honour these Laws with that
himself.
title (altho' in a very improper acceptation of the word Laws, as lie elsewhere acknowledges;) but he gives us to understand, that these Laws are not published by a sufficient
authority; notwithstanding that the Philosophers have learned them from the Nature
of Things, and which, from the Nature of Things, they have transcribed into their
own writings. Manifest, however, it is, that these Laws of Nature, if they once become
genuine, true: Laws, as established -upon the authority of Nature, don't require any new
Authority, when they are copied and transcribed into Books, and become written
Laws.
Selden's object   Selden, then, for the- same reason, supposes so mighty a defect of authority in the
-inlpotency  Laws of human reason, in themselves considered, abstracted from all other consideraof human authority.    tions of authority, as to judge it necessary for us to have immediate recourse to the
oD'se authori- legislative power of Almighty God, and to tell us, that their dictates from thence only
ty necessary — take their essential virtue, as the whole knowledge of them is:communicated by Alto -gvaturalrtue mighty God to mankind, who, at the same time that he communicates these Laws, in
Law.         reality promulgates them to us; and this truly (if I be not out in my judgment,) Setden with a very prudent caution- hinted to -the Moral:Philosophers, who, generally
speaking, consider the dictates of Reason itself as so many laws, passing over, at the
same time, every argument which proves the essential reality of such laws, without
considering that these Laws are established by Almighty God himself.
Selden propos-. But here our -author, since he finds the Dispensation must be: shewn by the which
estof Dmeth-  God-reveals these moral dictates to be his Laws, he proposes two methods of Divine
dispensation: Dispensation:
1. By revela-   1. That God revealed them  to Adam  and Noah by his own most holy voice;
tion to Adam whence, by tradition only, the precepts of the Noachidea (i. e. Noah's posterity) were
and Notah.
delivered down to future generations.
2. By creating    2. That God endowed human nature with such a clear faculty, which faculty (by
a human faculty to judge. the help of that agent's understanding who explains those precepts or Laws) might open




Introduetory Conmped.                                             15
and reveal these precepts or Laws to us, so as to distinguish them, when opened and ~ 4. P-ise of
Modern Inter.
explained, from every positive law whatsoever.                                     national Law.
This second method he delivers under such loose and general terms only, that, in Slden's methmy opinion, it stands in need of much explication and proof.                       od examined.
The whole strength of Mr. Selden's reasoning depends upon the first method; and The strength
(according to the tradition of some Jewish doctors) he labours to prove, that God gave in ethod
seven precepts to the sons of Noah, under which precepts, if obeyed, the whole Law of
Justice is comprehended.
Beyond all dispute, what Mr. Selden has said,: in' that treatise of his, entitled, ZlD  Jews imagined
all nations
Jure Gentiumn, &c., fully proves that the Jews imagined all nations over the whole face bound to obhof the earth, altho' they should not receive the Laws of Moses, tied down to the obser- serve the laws
of the
vance of some certain Laws of God; the principal heads of which Divine Laws they Noachide.
imagined to be contained in the Laws of the Noachidce.* What he has now said, at least Man obliged
serves to prove thus much, and upon the testimony of a nation-neither insignificant nor by law, not inunlearned, that the whole race of mankind are obliged by Laws which are not instituted tituthd by yiv
by civil authority.
It must, moreover, be confessed that this truly learned man had one chief design in Use of Selden's
view, which he executed to very good purpose, and the knowledge of this matter has views in Chrisseveral excellent uses in the Christian theology.  At the same time, however, Selden
has not been so fortunate as to solve that objection, which we have now raised against
his opinion; for, notwithstanding that he himself was perfectly well acquainted with
Objection as
these Jewish traditions, and perhaps heartily believed them all, yet they are not equally to traditions.
clear and evident to all mankind.
Nay,-that even:several of these very traditions, which contain the highest and most Some tradisolemn mysteries of their religion, are held by many in contempt and ridicule; nay, it tions despised.
appears to me a point even self-evident, that an oral tradition uf the learned men in
one nation is not so sufficient a publication of a natural Law, as to oblige and bind all
mankind.
Cumberland
~ 4. That therefore some authority, and that a Divine one too, may more evidently to seek a Diappear (and by which.authority these moral dictates: become Laws), we resolve to make vine authority
for the Laws
a philosophic'al enquiry into their causes, both internal alid external, near and remote. of NatureFor, by such a series of reasoning, we shall at length be led to the First Author, or -by a philoefficient Cause, of them, from whose inherent perfections, and their inseparable sane- sophical inquitions of rewards and punishments, we demonstrate the authority of these Laws to arise. causes.
Almost all other writers content themselves with general terms, that these dictates, Other writers
content that
or the.actions conformable to them, are taught by nature.  But, to me, it seems neces- nature dicsary (especially considering the age in which we live) more distinctly and minutely tatesto investigate after. what manner the energyand power of such things, as both are and   must  noweir
to                                     Z' "                               more of their
are not within our own influence, may contribute to impress and enforce the sanctions nature and
power.
of these Laws.
Som'ething of this kind my Lord -Verulam,: our countryman, told us was wanting, Bacon thought
De Augm. Scientiarum, lib. 8, cap. 3.
If so solid a foundation as this were laid, it would, upon this very account, be the Success would
most useful; because, from hence we might trace, both in what manner the human instruct clawsnunderstanding might be instructed naturally in the knowledge of the Divine Will, or
Laws; and also, according to what rule the instituted Laws of.every civil society are to -also afford a
be tried and proved, whether they be just and right, or even whether they are capable
of correction and amendment, by the supreme, civil authority; supposing that. they
have at any time deviated from the best and noblest end.
Further,
Upon this foundation can also be demonstrated, that there is something in the nature demonstrate
of God, and of mankind, distinct from ourselves; as also, that there is something with- that duties of
morality are
in our own power which, upon an upright behaviour, administers -immediate comfort not an impo.
sition.
* The seven precepts given to the sons of Noah were as follows, viz.: 1. To abstain from idola- TOWER, Laws
try. 2. To bless the name of God; or (as others express it), to abstain fiom malediction of the of the
Divine iname. 8. To abstain from murther. 4. To abstain from adultery, or from the pollution of Noachidc.
impure mixtures. 5. To abstain from theft.. 6. To appoint judges to be guardians of these precepts; or, in- general, to preserve public justice. 7. To abstain from the limb of a living creature.




16                Our Foederal Unionn: State ]Rigtts and  Wrongs
i4dRise of  and joy, as also substantial presages of future rewards; and, on the other hand, that
national Law. there are natural causes of the bitterest anguish and apprehension, upon gross misbehaviour, from whence the decisions of conscience, which is armed (if we may so express it) with whips and scorpions against iniquity, may appear; and from hence clearly
conclude, that mankind, in the duties of morality, are not imposed upon by cunning
ecclesiastics or designing politicians.
The whole of this deeply interesting introduction should be given,
but space cannot be taken. With the power of a giant, and with almost
superhuman skill, is his great plan accomplished.
Milton.       The great poet, John Milton, was far more famous during his life for
his political, than for his poetic writings.  He can hardly be classed
among the founders of International Law, though he has uttered many
important truths in a very forcible manner.  He was a true-hearted
Republican, alike opposed to Monarchy and to Cromwell's usurpation, and
his opponents are hacked, hewed, and pounded into mince-meat.
Pufendorf,    Samuel Pufendorf was born in 1632, near Chemnitz, in Saxony.
Law of Yaturean1672. He died in 1689.  The first edition of his Law of Nature and Nations
appeared in 1672, and Barbeyrac says, "in  1684 he reprinted it at
Frankfort-on-the-Main, augmented above a fourth part." Though adopting the same mode of argument with Grotius, his improvement is immense. Beginning with man as a sentient, moral being, he discusses the
Summary of elements of his character and obligations, and traces out the various relahis greatwork. tions of life.
In Book I, he discusses man's faculties, and the elements of right
and- wrong; in Book II, " that it is not agreeable to the nature of man
to live without laws," and his duties to himself; in Book III, that he
owes duties to his fellows; in Book IV, that rights of property, or dominion, may be acquired; in Book V, the mode of transferring these
rights; in Book VI, that family relations are instituted; in Book VII,
that man could not maintain his rights individually, and therefore created
States, each of which is possessed of absolute Sovereignty; and he con.
cludes, in Book VIII, with the rights, duties, and obligations of Sovereigns, which in free States apply to the Sovereign Peoples. So finished
and complete is this great work, that no similar attempt has been made
by later writers, that has come under my observation.
Filmer, Patri.   Sir Robert Filmer, in 1680, published his Patriarcha, a work more
archa, 1680.
ultra than Hobbes', in defence of the divine right of kings, which is completely overthrown by Locke and Sidney.
Locke, Two    John Locke published his Two Treatises on Government in 1690.  It
Treatises om&Government, has been one of the most influential works upon International Law, and
though, upon many important points, coincident with Grotius, Pufendorf,
&c., he endeavors to establish two "supremes "-the " legislative," and
the " people."  Quotations will be found in our third chapter.
Sidney, Dis-    No work has been read with more interest than Algernon Sidney's;
Govern.ment, Discourses on Government;. not only because of the excellence of the
168341698.
views and argument, but as having been the ostensible cause of his condemnation and death in 1683 by the minions of Charles II, a part of the




Introdutctory compendc.                                  17
MIS. being produced on his trial.  The work was first published in 1698. B4d.roie fr
The third edition (1751). is prefaced with his memoirs, and the touching national Law.
" apology" of this great and good man, written a few days before his
death on the block.  He was a strong Republican, and opposed to Cromwell's protectorate.
Other works appeared from Suarez, Zouche, Selden, Gentilis, Wicque- Various other
ford, Temple, Textor, Coccejus, Loefler, &c., not differing from those
herein quoted, so far as I can discover, on the points chief in this investigation.
The wonderful progress in governmental science did not end with the Writers in the
seventeenth century. Though equal advance was not possible in subse- 15th century.
quent as in the first discoveries, considerable improvements continued to
be made.  Early in the eighteenth century appeared the works of Wolf
(Baron de Wolfius), Bynkershoek, and Heineccius, neither of which
have I studied.
John Barbeyrac was born at Beziers, France, in 1674, and died in aortbeYtanuf,
1747.  In 1706 he published an edition of Pufendorf with copious and endorf, 706.
valuable notes.  Occasionally disagreeing with his author, he gives good
reasons for his views, and his corrections generally commend themselves
to the understanding and heart. As his annotations show, he was very
careful and critical, referring to all the authorities, frequently adding
those from  which he ascertained Pufendorf had obtained his ideas, and
enriching the views and arguments with quotations from Locke, Sidney,
and other great writers subsequent to Pufendorf.  I quote from the
fourth edition, London, 1729.  In 1724 he published an edition of Gro- Grotius, 1724.
tius, with judicious notes.
The pious John James Burlamaqui, born at Genoa, 1694, published BTurlamaqul,
his deeply interesting work on NaturaZ Law  about 1730.  Christian about 1730.
statesmen must highly estimate this convincing argument in favor of the
right, wisdom, and excellence of Government, both Divine and human.
Charles de Secondat, Baron de Montesquieu, was -born near Bor- Montesquieu,.
Spirit of
deaux, France, in 1689, and died in 1755.  His Spirit of Laws, pub- zos, 1748..
lished in 1748, has been highly applauded, and never unduly, as I have
seen; while by other writers, who should be competent judges, it has
been more or less criticized, by some ridiculed.  It does not become me
to say that these authors failed for lack of genius in themselves to understand this work, but the parts which I have the capacity to comprehend,
are so pre6minently wise and excellent, that I am inclined to think
the fault is in myself that other portions do not appear equally so. The
learned Ferguson could say:
When I recollect what the President Montesquieu has written, I am at a loss to F}.RGouso'
Civil Govern.ls
till why I should treat. of human affairs; but I, too, am instigated by my reflections, eont, p. 108.
and my sentiments; and I' may utter them more to the comprehension of ordinary
capacities, because I am more in the line of ordinary men.
It has been amusing, though ludicrous, to witness the attempts of Criticisms of
essayists and others, having a smattering of everything, knowing nothing
2




18               Our'Fcederal Union:.  State Rights and  TWrongs.
VdeRise Inof  profoundly, to pass judgment upon a work so far beyond their powers,
nationalLaw. either natural or acquired.  This labor of twenty years, as century after
century rolls by, will attain to higher and higher rank, have more and
more weighty influence, when most of the efforts to criticize it will have'passed into oblivion.  Federal Republicans can, better than Monarchists,
appreciate this great work, and an American edition must be published,
with suitable notes.
Rutherforth,.  Dr. Rutherforth's Institutes, of Nat ural Law, published in 1754 at
Institutes of
hratural Lcaw, Cambridge, is an able Anglicising of Grotius, which it would be well for
1754.
some American, properly imbued with the genius of our institutions-the
Sovereignty of the People-to imitate, and at the same time develope
some of the fallacies of Dr. R.  (This was written prior to my acquaintance with Dr. Agnew.  He is abundantly competent for the task, which,
as, elsewhere observed, he is about to undertake.)
Vattel, Law of   Emmerich Vattel was born in Neufchatel, Switzerland, in 1714, and
aftons,,7,. published his Law  of Nations in 1758.  His preface gives credit to
Wolf for originating it, but, whatever that distinguished author may
have produced, the principles established by Pufendorf in his first six
books, and applied in the seventh and eighth to his greatest moral persons, are the basis of this immortal work. Most writers speak of- it as
"elegant," an adjective richly merited.  Vattel was a Christian, a gentleman, and a scholar.  My quotations are taken from  a London 4to
edition, 1759, though, comparing with another translation, I have taken
the liberty to correct some typographical errors.
Coincidence of   These writers agree in the main, except that Hobbes and Filmer
these authorities-      unduly exalt jure divino of kings.  They have differed about some metaphysical points, and as to whether the Law of Nature was identical with
that of Nations, which Vattel seems to have set straight in his preface;
-on chief
points.    but as to the chief points, the object of creating States, and their nature,
rights, and obligations; the existence of Sovereignty in every State, and
its indivisibility; that the location of and mode of exercising the Sovereignty-the Right of Command-determines the form of Government,
whether it be Democratic, Aristocratic, or Monarchic; that these States
may be more or less closely united by league without impairing Sovereignty —all these writers agree upon these fundamental points, so far
-eand with an- as each discusses them.  Neither did the knowledge of these governcient writers.
mental truths originate with Grotius; the same are taught by Aristotle,
Cicero, Polybius, and others of the ancients, as our extracts will show..
Does Locke    Where differences of opinion are discoverable, they are not material to
differ fromthe this investigation, except as to Locke's idea of Supreme Power, which
rest as to Soy- is  ve              astLoksidaPwrwhc
ereignty?    appears to me irreconcilable with the others; although unquestionably if
it be so, and has been the cause of our separation from Britain, and of
this civil war, it is unaccountable that the difference should not have
been earlier discovered.'  The misjudgment of Pufendorf as to Federal
1 With much reluctance do I venture to suggest what appears to have been an important oversight in discussing topics connected with Government. It seems folly to question the soundness




Introductory Comipend.                                                  19
Republics, an important topic to us, arises not from  difference with  Gro- ~ 4. Rise of....-Modern Intertius and Montesquieu as to theories concerning States, but from the misap- national Law.
plication of those theories to practice in framing a Federal Union or Sys- Pufendeorfs
mistake as to'tem.   These great authors harmonize  on the fundamental points, and Federal Republics.
one after another has corrected the. immaterial errors preceding, till the
Law of Nations has become an established science, founded on the Law  of'Nature, the principles and the statutes of the  Law  of Nature  being  derived  mainly  from  the  deep  fountain  of governmental instruction, the
revealed  will of Nature's Divine  Author and  Teacher.   Other writers
might be mentioned and quoted with profit, but these are the chief teachers, and all Christian nations recognize the binding obligations of the
International Code they have framed.
That the uninformed reader may properly appreciate the authority of Ward's opinthe writers from  whom  we chiefly quote, extracts are taken  from  Robert thorities.
History qf the
Ward's History of the Law  of lNations, published  at Dublin, 1795.   It Lavw ofNais a standard  authority, and  the learned  writer himself well discusses
governmental principles.   Having  described the  "jumble"  into  which
the subject of Government had been brought in the sixteenth century, he
thus continues:
It was in the midst of this uncertainty about true principles, and this dearth of prop- WARD's Iliser authorities, that the philosopher of Delft rose like a star amid the surrounding Law of Na.
darkness, and with an ability and happiness peculiar to himself, had at once the honour tiolzs, ii,. 870.
of inventing and bringing his system to perfection:  For he gave to the world a Treatise which has stood the test of tirme.
of such authorities as Locke and Blackstone, and senseless impudence to intimate that the
scores of able intellects which have learnedly discussed the writings of these great teachers, have
not comprehended their subject, and have failed to discover a fundamental difference actually esx- Bentham's
isting between them and other equally eminent authorities. Bentham, for instance, in his Frag- criticism of
snent on Governmet., shows the absurdities of Blackstone, who follows Locke, and locates Sov- Blackstone
ereignty in the legislative or parliament. One would suppose at that period (1776), with Britain
at war with the Colonies upon this very question, that such a keen discriminator would have perceived whether or not the dispute was simply about the proper location of Sovereignty-the Right
of Commarnd-in the British State. Any important difference between Blackstone and Locke, -should dtisand other teachers of governmental science, would have certainly been pointed out, did it exist. difference.
He well exhibits the nonsense of Blackstone's teachings, but makes no effort to show the correctness
of another school of Sovereignty, which would have led him to consider Grotius, Pufendorf, &c.
Carried off with his utilitarian principles, sceptical as to religion, and thereby rendered incapable of
comprehending the propriety and necessity of a Supreme Power, which is equally required over
every earthly State as over the state of nature-the universe, he seems to have sought a basis for Bentham's
Government other than the Right of Command; and so that he could toss over the cob-house ability.
(astle of Black tone, it was immaterial what became of Sovereignty. So excellent as he is, however, in many of his views, in Principles of the Civil Code, a Plea, for the Constitution,'Anarclkical Fallacies, Principles of International Lcte, &c., it leaves small reason to hope that I Did Bentham
can see any mistake in Blackstone that he failed to perceive. Yet nevertheless, I do see that fail t1 see an
Locke and Blackstone malke the legislati/ve supreme. I do see that Pufendorf makes the legis- existing erro
lative only one of the parts of the Supreme Power, and therefore not itself supreme. If any one
has shown this difference of opinion, I have not discovered it, much less seen it explained, or one
or the other shown to be wrong. Am I so bewildered by examining, as that a mnole-hill has become-a mountain?  Is. the difficulty only real to myself, having gone beyond my capacity, floundering in truth's deep waters?Is there anything in the difference or not?
Indiscreet as it may be, very presumptuous, I freely admit, candor and truth require the point Our wise men
to be raised, whether the excellent Whigs of Britain, Gnizot and all of that school in France, Dr. must examine.
Lieber and his worthy coadjutors in our own country, in their earnest, noblest, heaven-blessed endeavors.to restrict Administration of authority to its proper and legitimate sphere, have not too
much disregarded the ground-work or basis, the source or fountain, of all Administration, of all,
Government-the Right of Command —Sovereignty. Pufendorf, still extant, throws much light
upon this interesting, but confused, mystified subject, which our wise men must reinvestigate and
see ifit. cannot be made more comprehensible.




20                 Oqur Fadexra   Union: State   iygAkts and  WTrovgs.
4i 4. Rise of  During the life of this great man, a civil war had desolated the finest provinces of
Modern Intersational Ltaw. his country, and like other civil wars which are continued to any length, had degenerGrotius. Mo- ated into the most horrible.licentiousness and personal hatred. He had besides this,
tives to his   observed throughout the Christian world, a cruelty and injustice of which, to use his
work.       own words, even barbarians might be ashamed. War was denounced upon the slightest, or without any cause at all, and arms ohce taken, all reverence for law human or
divine was laid aside; "as if," says he, " an edict had been published for the cominission of every sort of crime." With many philosophers, this threw things into the other
extreme, and the amiable and learned Erasmus, a man who is described as "Pacis
Ecclesiasticae et civilip amantissimus," endeavoured to prove that all wars whatsoever,
were illegal under the Christian Dispensation.
GROTIUS saw the disadvantages of the two extremes, and he had well discerned the
total want of science both in ancient and modern times, in the methods pursued to
obtain a knowledge of the duties of nations. He therefore resolved to give his labours
to the improvement, or rather to the invention of a code of laws, which might go to
the bottom of things, and supply authorities where authorities were wanting, to almost
His, qualifica- every case in the conduct of nations which could happen. And eminently qualified
he was for this most noble and beneficial of all tasks. To the strongest mental powers,
he added a learning which on almost every subject, and in every language was stupendous, and supported it by the most indefatigable industry, a virtue incorruptible, and
the purest zeal for Christianity....
His method-    The method which he pursued in order to produce a work, which, although coming
from a private man, should have the weight of a code of laws with Princes, he has
himself expounded to us with great clearness in the preface. He found it necessary
to get at some certain fixed principles which should be acknowledged to be such by all
who read them. In order to do this, he was obliged to survey all the codes of morality and of general law which had ever been known: he penetrated into all the sciences
-researches. between which and his own, he could discover any analogy; and he examined the
opinions of all great men of whatsoever class, from which he could extract any thing
like a community of sentiment. This, being properly arranged under its different
heads, together with the vast additions of his own learning, and the support of all that
could be drawn from history by way of precedent, he ventured, with very noble ambition to imagine might be received by the world as the rule for their duty in the most
critical predicaments. The event answered all his expectations!
Supports of his   The work of Grotius, therefore, has for its support, all that the Philosophers, the
work.       Poets, the Orators, and the Critics of antiquity or of modern times can furnish. It is
aided by all the lights which can be drawn from the famous civil and canon laws, cleared
from its defects and the false glosses which had been put upon it by corrupt or ignorant interpreters; above all, it is finally corrected and stampt with authority, by the
indications of the divine will, as collected from the inspired writers of the old and
new Testaments, from the comments of the Hebrew divines, and the authority of the
fathers.
Its anthbrity    It is not surprising that a code thus supported, should have immediately advanced
acknowledged into celebrity, and put down in the end those various heterogeneous compositions which
had till then formed the rule of conduct for nations, and occasioned many of those
discordant arguments and cases which we have related.  The Elector Palatine, ClARnLES
Its-patrons.  LEWIS, was the first Prince who had the honour to be the real patron of the work; for
although it came out dedicated to LEWIS XIII. yet it was strangely neglected by that
King, who gave no reward to the author. The Elector, however, struck with its utility,
ordered it to be taught publicly in his University of Heidelburg, and founded a Professor's chair, for the express purpose of teaching the Law of NATUnE and of NATIONS.
At the same time the envy of the Learned was almost equal to the merit of the writer.
Its opponents. Parties were formed amongst them for the attack and the defence of the code, and
those who defended it were stigmatized with the name of Grotians. All this was not
uncommon; but what will be the ideas of those who are versed in this excellent Treatise, when they are told on the authority of Barbeyrac, that such was the prejudice
against it, that it was supposed to be calculated to annihilate the three great principles




Introductory  Compend.                                        21
of the Roman law, " HONESTE VIVERE; NEMINEM, LAIDERE; SUUM CUIQUE TRIBUERE." ~ 4. Rise of
Modern InterTo such a height of error can prejudice and old habits carry us.             national Law.
The sound strength of GRoTIus, however, soon overcame such puny opposition, and
he had the satisfaction of observing the progressive reputation of his code. It became Its merits.
very early the favourite study of the great GUsTAvus, who is said to have found as
much pleasure from it, as ALEXANDER found from reading the poems of HI-uoER, and
who proved his admiration of the author, by ordering him to be called to the public
employments of Sweden. In 1656, it was taught in the university of Wittemburg as
public law; and in about sixty years from the time of publication, it was universally
established in CHRISTENDOM as the true fountain-head of the EUROPEAN Law of Nations.
We may suppose, however, that the minds of men being now called to new and im- Its commentators.
portant matters, did not let the subject pass off without adding their labours to its
elucidation. Accordingly, innumerable commentaries were written upon it with various
success, some of which have arisen to authority, although the most of them have died
away, and are forgotten. Two great works, however, have been founded upon the Two other
Treatise, D)e Jure Belli et Pacis, which have deservedly attained to such celebrity and
weight, that we cannot finish our subject without giving a place in it to their authors.
The first is the famous work of PUFFENDORF; the second, of VATTEL.
Although GRoTIUS had taken a most extensive range, and endeavoured to search Pufendorf's
the duties of nations in war and peace to the bottom; yet the lovers of abstract rea- aLnd oPe ace.
soning, independent of particular application, found that there was something wanting
to the perfection of his science. He had entitled his work, The Laws of War and
Peace, in order, says Barbeyrac, to engage the attention of Statesmen and Generals,
whom it most concerned to understand them. He was forced, therefore, to plunge at
once into his subject; and although, as he goes along, he satisfies his readers as to the Reasons for
reasons for their duty, yet it is by arguments taken up as it were pro re nata, the ele- perfectio.mments of which are supposed to be already understood; or if elementary principles are
necessary for the elucidation of the point before him, a long discussion branches out
from  the immediate subject, which we feel would be better disposed of somewhere
else: in the same manner as if, in proving a proposition of Euclid, we had not gone
over the preliminary propositions on which it was founded, but were obliged to stop
in the middle of it, to prove the fundamental position.
It was to remedy this defect in method, that Puzeezndof, many years after Grotius, These Putfentook up the subject anew; and, beginning with the system of human nature, endeav- dorf remedies
oured to analyze the heart and mind of man as independent of society, before he came
to enquire into his duties as a citizen. The whole, therefore, of what is called MORAL
PHILOSOPHY, was set forth in detail by this great writer, as a proper supplement to MAoral Philosowhat was wanting in GROTIus, and as the true foundation of the public duties of nations. phy the basis.
These two works together, formed for a long time, and form still, the sources to The two
works chief
which all Statesmen and Moralists must look for the resolution of difficulties, and the authority.
direction of virtue. They are, however, not totally without objection, although the
objection is applicable more to their manner than their matter; more to the accidents
of time and place, than to their intrinsic worth. In the first place, they seem to labour Obections to
too much under the heaviness of form, which characterizes most forensic treatises.
Their speculations are, besides, loaded so much with quotations, that they are absolutely weighed down with them, and the progress of the reader to the end proposed, is
inconceivably impeded. Not to mention that the work of PuiSfendorf, although it
supplies the method which was wanting in.Grotius, possesses'not, perhaps, that brief
perspicuity which in a long course of reasoning is so desirable. In addition to this, it
has been supposed that the views which these two great men have taken of their subject, have not actually been so clear or so extensive as they might be.  Grotius is
imagined, in making the strong separation which he does between the Law of Nature
and the Law of Nations, to have confined the latter too much to actual convention.
PPufendorf, in affirming that the Law of Nations is exactly the same as the Law of:Nature obeyed by individuals, only applied to states, instead of men; is thought not to
have entered deeply enough into the matter. For it is contended, that the particular
application of this Law to Nations, is susceptible of various modifications, according to




22                 Ovur Feedera   Unbio~n: State Rights and  Wrongs.
~ 4 -Rise of  the different nature of the subjects on which it has to work, and which consequently
eodern International Law. renders the detail and minutia of it different from the mere Law of Nature as obeyed
A-nother wrk by individuals. Hence, therefore, something was still supposed to be wanting to the'
Another work
wanted.     perfection of the science.
Vattel's Law    It was this which gave rise to the Treatise of VATTEL, who, in his preface, has enof Nations.  tered nicely into all these distinctions. Whether his objections to Grotius and P/'gendorf were so weighty, as alone to render a new code necessary, it is perhaps needless
Complete-  to enquire.  Certain it is, that the world is obliged to him for a very complete work,
elegant.    the model of which is more light and elegant than that of those heavy though magnificent structures which we have surveyed; for he has thoroughly cleared them from the
cumbrous ornaments which were supposed to adorn them, and has rendered the way
Method excel- into the interior less difficult and obscure.' His method is excellent: he marshals, in
lent.
the outset, a series of preliminary principles, on which he professes to found all his
Query as to his future reasoning, and to which, in the course of it, he regularly refers. Whether his
preliminaries. preliminaries, however, will always bear out his conclusions, it does not come within
our intention to examine. At the same time one objection may, I think, fairly be
Criticisms,   made to him, which is, that he is too general, and often too slight, in his reasoning,
(are they
mnerited'?)   and attends too little to its particular application; a mode for the most part unsatisfactory, and frequently dangerous.  It is perhaps a consequence of this, or to'avoid
the opposite fault of his two predecessors, that his work, though stored with excellent
argument, is not sufficiently supported by the authorities of cases, without which even
the reasoning upon natural law will want much useful elucidation, but which forms the
very essence and base of all that concerns what he calls the positive Law of Nations.
The Treatise of Vattel, therefore does not appear by any means to preclude the
necessity of studying the works of his masters. Whoever, indeed, would understand
Vattels mashis subject thoroughly, and become acquainted with the Law of Nations in all its nicety
ters to be    and extent, let what will be his own stores of knowledge, or the depth of his thought,
studied.    can hardly arrive at the end he proposes, without giving'all his mind to the Treatises
of those wonderful men.
Origin, right,    To understand how the Law of Nations has been created, why it has
&c.. of International Law. been instituted, upon whom it is obligatory, by what' right and authority
it operates, are important points, that are best set forth by Vattel in his
Vattels pref- preface, which every one in this Republic of Nations should study.
Vattel's pre-   This clear and forcible writer begins his great work by laying down
preliminaries to which he subsequently refers as axioms.  They are truths
which Grotius and Pufendorf had fully demonstrated, the proof of which
it was not necessary for him  to reiterate; and though drawn directly
from Wolf, as we learn from the preface, yet the remarkable coincidence
with the earlier authorities proves the science of International Law, in its
fundamentals, to be well established. To become familiar with them,
will give point to the examination of other writers,,,and they will accordingly be found, with the preface, in chap. ii, on Principles of Government.
~ 5.-IMPORTANCE OF THE LAW  OF NATIONS TO THE UNITED STATES.
International   It is strikingly apparent from Vattel's preliminaries, that no member,
Law important to all    however humble, of any Christian State, however small, is without inter.
States.
est in International Law.  What affects the State, affects each individual
of the State; and as the power and influence of the individual, of the
State increases, so does the importance of the Law of Nations.  All States,
too, which recognize the International Code, are deeply concerned in its




Introductory  Compend.                                         23
principles and construction, even though far removed from other nations,.0f ILmportanw-ce
having little intercourse and few leagues.  But t0o nations situated as are tions-to U. S.
those of Europe, their borders joining, interests clashing, struggles aris- Dtisconneterd
ing, the code which all recognize as the measure of their rights and obli- ested-congations, assumes vastly increased importance.  Though  disunited from moreso.
each other, every State governing all its affairs independently, they yet Leagues formfind it necessary to make leagues concerning various subjects, the adher- ed underence to which tends strongly to peace and amity.  The:construction of -construed
by Internsthese leagues is an important branch of International Jurisprudence, but tional Law.
each of the sovereignties of Europe claims the right to be its own judge
of infractions, and of the proper means and measure of redress.
It was a favorite project of those monarch minds, Elizabeth and Plan of Elizabeth and'HenHenry IV,' to unite the States of Europe in a republic, that their differ- ry IV, to conences might be adjudicated by a competent tribunal.  Had that been fedeate.
accomplished, a new and far deeper interest would have been imparted to
the code by which their difficulties were to be tried and arbitrated.  With
what deep research, stringent scrutiny, might sovereigns, statesmen, all
public men, even all private men, be led to examine the laws by which
their States were to be governed, and see to it that their action should
be such as the federal tribunal would not condemn'!  What a glorious
project to check the wrongs of States, to promote peace and prosperity
in -the earth!
What Europe in vain:attempted, the providence of GOD has been Theefforttlhat
failed in Euopeniy accomplishing for America, and we have been too blind to per- rope, beingaccomplishod in
ceive it.  Britain, France, Russia, are not more independent nations, America.
than are Massachusetts, Virginia, and Illinois.  Each one of these Sov- These States
ereignties is possessed of every prerogative that belongs to the Queen, independent.
the Emperor, the Czar, though these free Peoples, for the convenient
exercise of their Sovereignty, have seen fit, as do other Sovereigns more
*or less, to delegate authority to subordinate agents. These States, too,
have created a Federal Tribunal to adjudicate their differences, and yet Their Federal
stupidly have we lost sight of the chief object of its institution. We tribunal
are precisely in the condition,. in this respect, in which Europe would
have been, could Elizabeth and Henry IV have realized their magnificent Importance to
scheme; and if the importance of International Law  would have been then  of Interenhanced by a Federal Union in Europe, it is equally so with our own
American States.
But we have gone much farther in the principles of Confederation our improvement in conthan those great geniuses'of the sixteenth and seventeenth centuries ever federating.:..........             v
1 An eminent authority remarks concerning this: "During this period of our historical deduc- Project of'tion was published the Projet de Paia perpetuelle [Project of Perpetual Peace] of the Abbe Saint- Henry IV to
Pierre, which the benevolent author, by a kind of pious fraud, attributed to Henry IV. and his confederate
minister Sully, with the view of recommending it to the adoption of the sovereigns and ministers,"'&c.
Though no confirmation of this statement has been observed, and the original report has been wIIEATON,
many times referred to by good authorities, Wheaton was probably correct. He would not have Lcaw of Ni,made this positive declaration without knowledge. But whether those great monarchs or Saint- tions, p. 261.
Pierre were the author, the project was worthy of the mightiest intellects, the largest hearts of the
world, and it is equally available for illustration.




24                Ou0r Foederal Union: State?iygAts and  Vhrongs.
~5.Importance conceived.  Resolved to preserve to the people their God-given liberty;
tions to U. S. knowing from all experience of the world, and from their own common
To preserve sense, that for a free people a government over a moderate area was deliberty, small
States best. sirable, if not absolutely necessary; and at the same time knowing that
To obtain  these States would individually have little power and influence in the
strength, unite
them by    world, and perhaps become the prey of European despots, our fathers
lea;gue.   united these States by a league of closer alliance than any of which we
First attempt have knowledge.  That proving ineffectual to preserve the Union so
fails.     dearly cherished, they made another closer still. It contains some wellImprove-   known provisions, and some peculiar to itself, all of which have become
nsectin   to these Sovereignties their instituted Civil Law; but for the bulk of their
Rights de-  code they are dependent on the Law of Nations.  Therefore may it be
pendent on In- affirmed, without fear of contradiction, that no Peoples have existed since
Law.       the shining days of Grecian Confederacies, that were so deeply concerned
Deep interest as are these States in jus gentium; nor had even they, nor the Hebrews,
of these States by any means an equal interest with this much greater Union of over
in that Law.
thirty millions of men; yet no people seem to be more ignorant of it;
Our ignorance by none have its important and simple teachings been more mystified
and confused.
Kent's advice    Most heartily do I subscribe to the opinion of Chancellor Kent, that
to have a new
text book.   a new work on International Law is required, which shall embody the few
modern improvements that have been made, and, whay is more important, cut away the excrescences, monstrosities, which American teachers
These young have added.  These young Peoples must remember the sage advice of
nations to be their great jurist, that " in cases where the principal jurists agree, the
pupils, not
teachers.    presumption will be very great in favor of the solidity of their maxims;
and no civilized nation, that does not arrogantly set all ordinary law and
justice at defiance, will venture to disregard the uniform  sense of the
established writers on International Law."
Who are the    " The principal jurists," I am  inclined to think, will in this case be
teachers.
allowed to be Grotius, Cumberland, Pufendorf, Montesquieu, Vattel, &c.
These "established writers," it will be found, "agree" upon  "their
be hat grwoss ld maxims;" and it would indeed appear to be a gross assumption for us,
spio in  in the infancy of our Republic, in order to establish the theory of a double
sovereignty, that is not less unnecessary and inexpedient than it is chimerical and absurd, to "arrogantly set all ordinary law and justice at
defiance." Not only are we defying all Christendom, but are confusing
the subject, and rendering it incomprehensible.
Confusion of   State and Sovereignty, for instance, have clear and definite significaterms.
tion according to those old writers, and it is of fundamental importance
that their precise meaning be preserved; yet Story's remarks quoted
see chap. iii. from his Commentaries on the Constitution, exhibit the utter confusion in
the use of these chief words: -A  league is considered by these,old authorities, and well established, too, to be the only means of binding sovereign States.  Yet Mr. Webster, with his wonderful eloquence and
power, intimates that we have found a means of subjecting supreme au



introductory Comipend.                                                   25
thority to  the coercive  control of government.   At least, if it does not ~5.Importance
mean that, his great speech in reply to Calhoun means nothing.                             tions to U. S.,The most of our teachings are so directly at variance with  these old Kent's opinion
authorities, as to imply their repudiation. To show that they are not ities.
rejected, and at the same time to indicate the erroneous method in which
the received principles are handled by our ablest, most honored writers,
I quote from  Chancellor Kent's Commentaries:
When the United States ceased to be a part of the British Empire, and assumed The United
States subject
the character of an independent nation,l they became subject to that system of rules to Internationwhich reason, morality, and custom  had established among the civilized nations of al Law.
Europe, as their public law.  During the war of the American Revolution, Congress
claimed cognizance of all matters arising upon the law of nations,2 and they professed
obedience to that law, "according to the general usages of Europe." *  By this law we KENT'S Co.mare to understand that code of public instruction which  defines the rights and menta-ries i, 1.
prescribes the duties of nations in their intercourse with each other. The faithful observance of this law is essential to national character and to the happiness of mankind. According to the observations of Montesquieu (b. 1, c. 3), it is founded on the
principle, that different nations ought to do each other as much good in peace, and as
little harm in war, as possible, without injury to their true interests.  But as the precepts of this code are not defined in every case with perfect precision, and as nations
have no common civil tribunal to resort to for the interpretation and execution of this
law, it is often very difficult to'ascertain, to the satisfaction of the parties concerned,
its precise injunctions and extent; and a still greater difficulty is the want of adequate
pacific means to secure obedience to its dictates.3
* Ordinance of the 4th December, 1781, relative to maritime captures, Journals of Congress, Kent derives
vol. vii, 185. The Ehglish judges have frequently declared that the law of nations was part of the our right to
common law of England. T.riquet. Bath, 3 Barr, 1478; Heathfield v. Chilton, 4 ib., 2015; and International
Law through 
it is well settled that the common law of England, so far as it may be consistent with the Constitu- E tnlish contion of this country, and remains unaltered by statute, is an essential part of American jurispru- mon law.
dence, vide infra, &c. [The Articles of Confederation having been ratified 1st March, 1781, Congress was duly authorized, under the International Code, to pass the ordinance, 4th Dec.,.
We need not look to "the Common Law of England" as the derivative channel of the right of
these States, individually or united, to participate in the benefits of International Law. We have
it by nature and the Law itself.]' As observed by Martens (1. i, c. 8, ~ 2) —-whom the learned jurist soon refers to as eminent Martens on
authority, superior even to Pufcndorf, " It is only in a very indefinite sense that these associations such a nation.
of states (the Seven United Provinces and the Ielvetic Union) can be considered as republics" or
nations, and he gives ample reason for it, as is elsewhere shown. The United States being another Nation should
" association of States," can only, " in a very indefinite sense," be styled a "nation;' so that, to be pluralizedgive the Law of Nations the definite application to which it is entitled, wherever acknowledged,
the Chancellor should have spoken of these States as " independent nations," pluralizing that i- -as in  -
portant word, for our fathers were very careful on tlls point, iterating and reiterating in their ever- ration of Indememorable Declaration of Independence, that this " oNE people" were not to be a single State like pendence.
Great Britain, but "free and independent STATES." This erroneous starting leads to the other
principal errors in these Commentaries.
2 Whatever " Congress claimed," whatever acquiescence emergencies compelled out of these Assumption of
States, during the revolutionary period, in the acts of the Colonial Congress, the last of which be- power does not
came the Continental Congress, gave those bodies no title to any position as a "nation."  As the make ('ontacitly or explicitly authorized agent of the Colonies and afterwards of the nations comprising  the gr States, a
United States, the Colonial Congresses, and afterwards the Continental Congress, may be said to noatioa.
have been governed by International Law, as Congress undoubtedly was under the Articles of
Confederation, and now under the present Constitution. But that could never make a "nation"
out of distinct colonies while they were constituent parts of another nation; nor could it, when
these Colonies became sovereign Nations, destroy, consolidate, these States or Nations, andl make a
" nation" out of Congress, or out of these States united. In this land of written law, for such a
change as that, written authority must be produced.
It is in no spirit of conceit or of carping criticism that these comments are made, but solely to
call attention to these sources of error from which the others flow.
3 This difficulty was well apprehended by the framers of our Government, at least it would decide as to
seem it should have been from their action. To provide a " common civil tribunal to resort to for International
the interpretation and execution of this [international] law " between these Sovereign States, as Law.




26                  Our Fcederal  Union:  Stfate Iigdhts  and  I'rongs.
J5.Importanco    There has been a difference of opinion among writers concerning the foundation of
of Law of Nations to U. S. the law of nations.  It has been considered by some as a mere system of positive
Natural and  institutions, founded upon consent and usage; while others have insisted that it was
Positive Law essentially the same as the law  of nature, applied to the conduct of nations, in' the
of Nations.   character of moral persons, susceptible of obligations and laws.  We are not to adopt
either of these theories as exclusively true. The most useful and practical part of
the law of nations is, no doubt, instituted or positive law, founded on usage, consent,
and agreement.  But it would be improper to separate this law entirely from natural
jurisprudence, and not to consider it as deriving much of its force and dignity fiom
the same principles of right reason, the same views of the natureand constitution of
man, and the same sanction of Divine revelation, as those from  which the science of
morality is deduced.' There is a natural and a positive law  of nations.  By the
former, every state, in its relations with other states, is bound to conduct itself with
justice, good faith, and benevolence; and this application of the law of nature has
been called by Vattel the necessary law of nations, because nations are bound by the
law of nature to observe it; and it is termed by others the internal law of nations,
because it is obligatory upon them in point of conscience.*
Moral obliga-   We ought not, therefore, to separate the science of public law from that of ethics,
tion of States, nor encourage the dangerous suggestion, that governments are not so strictly bound
by the obligations of truth, justice, and humanity, in relation to other powers, as they
are in the management of their own local concerns.  States, or bodies politic, are to
be considered as moral persons, having a public will, capable and free to do right and
wrong, inasmuch as they are collections of individuals, each of whom carries with him
-into the service of the community the same binding la'w of morality and religion which
ought to control his conduct in private life.f The law of nations is a complex system,
composed of various ingredients. It consists of general principles of right and justice,
equally suitable to the government of individuals in a state of natural equality, and to
the relations and conduct of nations; of a collection of usages, customs, and opinions,
the growth of civilization and commerce; and of a code of conventional or positive
law. In the absence of these latter regulations, the intercourse and conduct of nations
are to be governed by principles fairly to be deduced from  the rights and duties of
nations, and the nature of moral obligation; and we have the authority of the lawyers
of antiquity, and of some of the first masters in the modern school of public law for
placing the moral obligation of nations and of individuals on similar grounds, and for
considering individual and national morality as parts of one and the same science.
International   The law of nations, so far as it is founded on the principles of Natural Law, is
na Ai n meraope equally binding upon every age, and upon all mankind.  But the Christian nations of
Europe, and their descendants on this side of'the Atlantic, by the vast superiority of
their attainments in arts, and science, and commerce, as well as in policy and government; and above all, by the brighter light, the more certain truths, and the more
definite sanction which Christianity has communicated to the ethical jurisprudence of
the ancients, have established a Law of Nations peculiar to themselves.  They form
together a community of nations united by religion, manners, morals, humanity, and
Heineccius.     * Vattel Prelim. ~ 7.... Heineccius, in his "Elements Juris Nature et GentiUlm," b. 1, c. 1
and 3 (and which is very excellent as to the first branch of the subject), and all the other great
masters of ethical and national jurisprudence, place the foundation of the law of nature in the will
of God, discoverable by right reason, and aided by divine revelation; and its principles, when
applicable, apply with equal obligation to individuals and to nations. A recent Frenich writer
Foucher.    (M. Victor Foucher) divides the law of nature into two branches: (1) Public international law,
which regulates the political relation of nation to nation; and (2) Prigvate international law,
which, though based upon the first, regulates the reciprocal and i)ersonal relations of the inhabitants of different states.
Lieber's Polk.   1 Dr. Francis Lieber, in his " Manual of Political Ethics," 2 vols., Boston, 1838, has shown with
ical Ethics.  great force, and by the most striking and apposite illustrations, the original connection between
right and morality, and the reason and necessity of the application of the principles of ethics to the
science of politics and the administration of government. The work is excellent in its doctrines,
and it is enriched with various and profound erudition.
well as of their Civil Law of the Constitution, would seem to have been the chief object of creating
the Supreme Court.




Introductory Copend                                                 27
science, and united also by the mutual advantages of commercial intercourse, by the ~5.importanc o
of Law of Nahabit of forming alliances and treaties with each other, of interchanging ambassadors, tions to U. S.
and of studying and recognizing the same writers and systems of public law.:
After devoting the present lecture to a cursory view of the history of the law of
nations, I shall enter upon the examination of the European and American code of
international law, and endeavor to collect with accuracy, its leading principles, and
to discuss its practical details.
The law of nations, as understood by the European world, and by us, is the off- Law of Nations in an-,spring of modern times.  The most refined states among the ancients seem to have cicnt Greece.
had no conception of the moral obligations of justice and humanity between nations, and
there was no such thing in existence as the science of international law. They regarded
strangers and enemies as nearly synonymous, and considered foreign persons and
property as lawful prize.  Their laws of war and peace were barbarous and deplorable.
So little were mnankind accustomed to regard the rights of persons or property, or to
perceive the value and beauty of public order, that, in the most enlightened ages of
the Grecian republics, piracy was regarded as an honorable employment There were
powerful Grecian states that avowed the practice of piracy; and the fleets of Athens,
the best disciplined and most respectable naval force in all antiquity, were exceedingly
addicted to piratical excursions. It was the received opinion, that Greeks, even as
between their own cities and states, were bound to no duties, nor by any moral law,
without compact, and that prisoners taken in war had no rights, and might lawfully
be put to death, or sold into perpetual slavery, with their wives and children.
There were, however, many feeble efforts, and some successful examples, to be The Amphitermet with in Grecian history, in favor of national justice.  The object of the Amphic- national court.
tyonic Council was to institute a law of nations among the Greeks, and settle contests between Grecian states by a pacific adjustment.' It was also a law of nations
among them, and one which was very religiously observed, to allow the vanquished
the privilege of burying their own dead, and to grant the requisite truce for that purpose.  Some of the states had public ministers resident at the courts of others, and
there were some distinguished instances of great humanity shown to prisoners of war.
During a cessation of arms in the course of the Peloponnesian War, Athens and
Sparta agreed to an exchange or mutual surrender of prisoners. The sound judgment
and profound reflections of Aristotle naturally raised his sense of right above the
atrocious maxims and practices of his age, and he perceived the injustice of that doe-'trine of Grecian policy, that, by the laws of war, the vanquished became the absolute
property of the victor.  " Wics  men," he observed, " entertained different opinions
upon that subject.  Some considered superiority as a proof of virtue, because it is its
* The law of nature, by the obligations of which individuals and states are bound, is identical MANNING'S
with the will of God, and that will is ascertained, says Mr. Manning, either by consulting Divine Commentarevelation, where that is declamatory, or by the application of human reason where revelation is roes on tlre
silent. Christianity, in the words of Butler,' is an -authoritative publication of natural religion," tio fs.
and it is from the sanction which revelation gives to natural law, that we must expect the gradual
increase of the respect paid to justice between nations. Christianity reveals to us a general system of morality, but the application to the details of practice is left to be discovered by human
reason. See Commenetaries on th/e Law of Nations, by William Oke Manning, Esq., London, 1889,
b. 2, ch. 1. This work is the first English treatise which I have seen, containing a regular and
didactic discussion of the science, and it is a work of great excellence; and I beg leave to recommend it strongly to the attention of the American student.
1 It was; though Grote, Thirlwall and other authorities consider the Amphictyonic Union to International
have been chiefly for religious purposes. Our object was the same under the first Constitution, court of
which signally failed. Having learned, by over a century of practice, the wisdom of dividing to Greece
different agents the exercise of Sovereignty, we applied it in the new Federal Constitution, by — our first atseparating the legislative, executive, and judicial departments, and further dividing the legislative. temptThe Amphictyonic Council, the Achean League, our first Congress, were liable to have their judgments warped by political and other considerations, and a tribunal must be devised that, rendered -our second
independent of all extraneous intfuences, would be able justly to decide every question of difference atte
according to the laws instituted between the parties, and the immutable principles of right and
justice, recognized and established in the code of InternationalLaw. De Tocqueville does not De Tocqlecover-estimate the importance of the Federal Judiciary, in considering it in effect the key-stone of ville.
our governmental arch.




28                  Our Fowderal Uniown: State Rights and Wrongs.
~5.Lmdportance natural effect, and they asserted it to be just that the victors should be masters of the
of Law of Nations to U. S. vanquished; whilst others denied the force of the argument, and maintained that
nothing could be truly just which was inconsistent with humanity."  Lie then proceeded to weaken by argument the false foundations on which the law of slavery, by
means of capture in war, was established; and though he does not write on the subject very distinctly or forcibly, it seems to be quite apparent that his convictions were
against the law.
In like manner is the subject discussed as to Rome and the middle
ages, but we pass over to page 10 of Kent.
nfluence of     Of all these causes of reformation, the most weight is to he attributed to the intiChristianity.  mate alliance of the great powers as one Christian community.  The influence of
Christianity was very efficient towards the introduction of a better and more enlightened sense of right and justice among the governments of Europe. It taught
the duty of benevolence to strangers, of humanity to the vanquished, of the obligation of good faith, and of the sin of murder, revenge, and rapacity. The history
of Europe, during the early periods of modern history, abounds with interesting and
strong cases, to show the authority of the church over turbulent princes and fierce
warriors, and the effect of that authority in meliorating manners, checking violence,
and introducing a system of morals, which inculcated peace, moderation, and justice.
The church had its councils or convocations of the clergy, which formed the nations
professing Christianity into a connection resembling a federal alliance, and those
councils sometimes settled the titles and claims of princes, and regulated the temporal
affairs of the Christian powers.  The confederacy of the Christian nations was bound
together by a sense of common duty and interest in respect to the rest of mankind. It
became a general principle of belief and action, that it was not only a right, but a
duty, to reduce to obedience, for the sake of conversion, every people who professed a
religious faith different from their own. To make war upon infidels was, for many ages,
a conspicuous part of European public law; but this gross perversion of the doctrines
and spirit of Christianity had at least one propitious effect upon the Christian powers,
inasmuch as it led to the cultivation of peace and union between them, and to a more
free and civilized intercourse. The notion that it was lawful to invade and subdue
Mahometan and Pagan countries, continued very long to sway the minds of men; and
it was not till after the age of Grotius and Bacon, that this error was entirely eradicated. Lord Coke held that an alliance for mutual defence was unlawful between Christians and Turks; and Grotius was very cautious as to the admission of the lawfulness
of alliances with infidels, and he had no doubt that a!l Christian nations were bound
to assist one another against the attacks of infidels. Even Lord Bacon thought it a
matter of so much doubt, as to propound it seriously as a question, whether a war
with infidels was not first in order of dignity, and to be preferred to all other just
temporal quarrels; and whether a war with infidels might not be undertaken merely
for the propagation of the Christian faith, without other cause of hostility.'
Of Chivalry.    The influence of chivalry was beneficial upon the laws of war. It introduced declarations of war by heralds; and to attack an enemy by surprise was deemed
cowardly and dishonorable.  It dictated humane treatment to the vanquished, courtesy
to enemies, and the virtues of fidelity, honor, and magnanimity in every species of
warfare.
Of the Civil    The'introduction and study of the civil law must also have contributed largely to
Law.       more correct and liberal views of the rights and duties of nations.  It was impossible
that such a refined and wise system  of municipal and ethical jurisprudence as the
Roman law, could have been taught in universities and schools, and illustrated by a
succession of eminent civilians, who were worthy of being associated with the Roman
1 These most Christian nations need to understand this important truth. It is vot the duty
of one sovereign State to, correct the wrongs of another. Connecticut is not responsible for iMaryland. and what is more, has no right to press her excellences upon the latter; no shadow of right
to correct its errors.




Introdutctory  Cornpend.                                         29
sautes without at the same time producing a great effect upon the public mind. This ~5.Importanc'-'                                      of Law of Nagrand monument of the embodied wisdom of the ancients, when once known and ex- tions to U. S.
amined, must have reflected a broad stream of light upon the feudal institutions and
thlt public councils of the European nations. We accordingly find that the rules of
the civil law were applied to the government of national rights, and they have contributed very materially to the erection of the modern international law of Europe.
From the 13th to the 16th century, all controversies between nations were adjudged
by the rules of the civil law.
Treaties, conventions, and commercial associations, had a still more direct and Of treaties.
visible influence in the formation of the great modern code of public law. They gave
a new character to the law of nations, and rendered it more and more of a positive
or instituted code. Commercial ordinances and conventions contributed greatly to
improve and refine public law, and the intercourse of nations, by protecting the persons and property of merchants in cases of shipwreck, and against piracy, and against
seizure and arrest, upon the breaking out of war, &c:, &c.
The learned jurist then discusses the law  concerning shipwrecks, the
treatment of prisoners, the  admission  of ambassadors,  and  reaches
Grotius.,
Thus stood the law of nations at the age of Grotius. It had been rescued, to a GrOTIUs. Increased imporvery considerable extent, from  the cruel usages and practices of the barbarians. It tance of Interhad been restored to some degree of science and civility by the influence of Christiani- national Law.
ty, the study of the Roman law, and the spirit of commerce. It had grown in value
and efficacy, from the intimate connection and constant intercourse of the modern
nations of Europe, who were derived from a common origin, and were governed by
similar institutions, manners, laws, and religion. But it was still in a state of extreme Its confusion.
disorder, and its principles were little known and less observed. It consisted of a
series of undigested precedents, without order or authority.  Grotius has, therefore, Grotiuns father
been justly considered as the father of the law of nations. He arose like a splendid of the science.
luminary, dispelling darkness and confusion, and imparting light and security to the
intercourse of nations. It is said by Barbeyrac, that Lord Bacon's works first suggested.to Grotius the idea of reducing the law of nations to the certainty and precision of
a regular science. Grotius has himself fully explained the reasons which led him to His motives.
undertake his necessary, and most useful and immortal work. He found the sentiment
universally prevalent, not only among the vulgar, but among men of reputed wisdom
and learning, that war was a stranger to all justice, and that no commonwealth could
be governed without injustice. The saying of Euphemus in Thucydides, he perceived
to be in almost every one's mouth, that nothing which was useful was unjust. Many
persons, who were friends to justice in private life, made no account of it in a whole
nation, and did not consider it as applicable to rulers.  He perceived a horrible licentiousness and cruelty in war, throughout the Christian world, of which barbarians
might be ashamed.  When men took up arms, there was no longer any reverence for
law, either human or divine; and it seemed as if some malignant fury was sent forth
into the world, with a general license for the commission of all manner of wickedness
and crime.
The object of Grotius was to correct these false theories and pernicious maxims, by Grotius' ob
showing a community of sentiment among the wise and learned of all nations and ages, jects.
in favour of the natural law of morality. He likewise undertook to show that justice
was of perpetual obligation, and essential to the well-being of every society, and that
the great commonwealth of nations stood in need of law, and the observance of faith,
and the practice of justice. His object was, to digest, in one systematic code, the
principles of public right, and to supply authorities for almost every case in the conduct of nations; and he had the honour of reducing the law of nations to a system,
and of producing a work which has been resorted to as the standard of authority in Superior esevery succeeding age. The more it is studied, the more will our admiration be ex- cell ence of his
cited at the consummate execution of the plan, and the genius and erudition of the




30                    OzOr FO ederal Union: State Rights and Trongs.
~5.Importance author.  There was no system  of the kind extant, that had been piroduced by the
of Law of rafions to U. S.  ancient philosophers of Greece, or by the primitive Christians.  The work of Aristotle
on the rights of war, and the writings of the Romans on their fecial law, had not surOther works vived the wreck of ancient literature; and the essays of some learned moderns on
defective in illustration.    public law, were most imperfect, and exceedingly defective, in illustrations from history,
and in omitting to place their decisions upon the true foundations of equity and justice.
Grotius, therefore, went purposely into the details of history and the usages of nations,
and he resorted to the works of philosophers, historians, orators, poets, civilians, and
divines, for the materials out of which the science of public morality should be formed;
proceeding on the principle, that when many men, at different times and places, unanimously affirmed the same thing for truth, it ought to be ascribed to some universal
cause.  His unsparing citation of authorities, in support of what the present age may
consider very plain and undisputed truths, has been censured by many persons as detracting from the value of the work.  On the other hand, the support that he gave to
those truths, by the concurrent testimony of all nations and ages, has been justly supposed to contribute to that reverence for the principles of international justice which
has since distinguished the European nations.
Pufendorf in      Among the disciples of Grotius, Puffendorf has always held the first rank.  His
first rank.    work went more at large into the principles of natural law, and combined the science
of ethics with what may be more strictly called the law of nations. It is copious in
detail, but of very little practical value in teaching us what the law of nations is at
Too much
ethics.       this day.  It is rather a treatise on moral philosophy than on international law;'
Kent & Ward-.      The similarity of thought and expression with the views of Ward concerning Grotius, Pufendorf, and Vattel, will be observed, and we are happy in having the concurrence of this enminent
American authority with Ward, the learned historian, as to the fact that a code of International
Law has been established, and that these three writers are the chief founders. On p. 9 the Chancellor refers to Ward by name in the text and in a note (not herein quoted), thus incidentally aiding
S'ee p. 21.  to establish Ward's credit as an authority. But if Kent intended to follow Ward in his judgment
of P'ufendorf, it would seem quite a lapse was made. Referring to the extract. it will be seen
Moral philoso- credit is given by the historian to Pufendorf for applying the principles of moral philosophy to
phy and Intel- jau gentium; precisely what the Chancellor has well and properly commended in Grotius. Some
national Law. of the ancients had attempted this, and Gillies, in his preface to Aristotle's Ethics and Politics
remarks:
GILLES' Pr'e-   The "Ethics to Nichomachus and the Politics" ought never to have been disjoined, since they
face to Aris- are considered by Aristotle himself as forming essential parts of one and the same work; which,
totte's Ethics. as it was the last and principal object of his studies, is of all his performances the longest, the best
connected, and incomparably the most interesting.  The two treatises combined constitute what
he calls his practical philosophy; an epithet to which, in comparison with other works of the
same kind, they will be found peculiarly entitled. In the Ethics the reader will see a full and
satisfactory delineation of the moral nature of man, and of the discipline and exercise best adapted
to its improvement. [This Christian writer meant, of course, that the work had been as well done
as was possible for a heathen p)hilosopher.] The philosopher speaks with commanding authority
to the hearts and affections, through'the irresistible conviction of the.understanding. Hismorality
is neither on the one hand too indulgent, nor on the other impracticable. Ills lessons are not
cramprcl by the narrow, nor perverted by the wild, spirit of system; they are clear inductions,
flowing naturally and spontaneously from a copious and pure source of well digested experience.
[It appears to be the most perfect union of theory and practice in governmental science to be
found outside of the Bible, and almost perfectly harmonizes with it. Oh, that we could have a
-Ch.ristian Aristotle to add the light of Revelation to the wisdom of this great intellect!]
Man a Politi-   According to the Stagirite [so called from  being born at the city of Stagira, B. C. S84], men
cal animal.   are, and always have been, not only moral and social, but also politicalanimals; in a greatmeasure
dependent for their happiness and perfection on the public institutions of their respective coun-tries. The grand inquiry, therefore, is, what are the different arrangements that have been
found under given circumstances, practically most conducive to these main and ultimate purposes?
Laws for his This question the author endeavored to answer in his "Politics," by a careful examination of two
government.  hundred systems of legislation, many of which are not elsewhere described; and by proving how
uniformly, even in political matters, the results of observation and experiment conspire with and
confirm the deductions of an accurate and full theory. In this incomparable work the reader will
New discov-  perceive " the genuine spirit of laws" deduced from the specific and unalterable distinctions of goveries are old.  ernments; and with a small effort of attention, may discern not only those discoveries in science,
unjustly claimed by the vanity of modern writers, [the principle of representation is one of the
"discoveries" Dr. G. refers to, and reiprocccl control another,] but many of those improvements
Aristotle's   inI practice, erroneously ascribed to the fortunate events of time and chance in these latter and
P litics place more enlightened ages. The same invalnable treatise discloses the pure and perenlnial spring of all
government  legitimate authority; for in Aristotle's'*Politics," and ris only, government is placed on such a
on a solid foun- natural and solid foundation, as leaves neither its origin incomoprehensible, nor its stability predation.       carious; and his conclusions, had they been well weighed, must have surmounted or suppressed
those erroneous and absurd doctrines, which long upheld despotism on the one hand, and those
equally erroneous and still wilder suppositions of conventions and compacts, which have more
recently armed popular fury on the other.
Yet neither Plato, his pupil Aristotle, nor Cicero, could properly ground the science of ethics




Introductory Compend.                                                 31
and the same thing may be said of the works of Wolfius, Burlemaqui, and Ruther- ~5.lImportance.....    Iof Law of Naforth.  The summary of the law  of nations, by Professor Martens, is a treatise of tions to U. S.
greater practical utility, but it is only a very partial view of the system, being confined Ma'tens more
to the customary and conventional law of the modern nations of Europe.  B3ynker- practical.
shoeck's treatise on the laws of war has'been received as of great authority on that Bynkershoeck
particular branch of the science of the law of nations, and the subject is by him ably relates to war.
and copiously discussed.  The work is replete with practical illustration, though too
exclusive, in its references to the ordinances of his own country, to render his authority very unquestionable.  The most popular, and the most elegant writer on the law of Vttel popular
nations is Vattel, whose method has been greatly admired.  He professed to have and elegant.
followed the voluminous work of Wolff on the Law of Nature and Nations, and to be
enlightened and guided by his learning, with much improvement upon the doctrine and
arrangement of his great master. Hlie has been cited, for the last half century, more A hih authorfreely than any one of the public jurists; but he is very deficient in philosophical ityprecision.  His topics are loosely, and often tediously and diffusively discussed, and he _-unfair crit
is not sufficiently supported by the authority of precedents, which constitutes the foun- icism.
dation of the positive law of nations.'
either for man or States, being ignorant of the Bible, or not recognizing its Divine character. During The Bible the
the dark ages succeeding the enlightened days of Greece and Rome, ethics were little thought of; basis of ethics.
and though Bacon, Grotius, Cumberland, and others had started investigations, some wise man was
wanted to complete the work, and especially to apply philosophical principles, as understood by
the Christian world, to the science of Government. This great work, the grandest, most important Pufendorf
the, human mind had ever conceived. Pufendorf undertook and accomplished to admiration. It is best applies it
true- he did not begin with nations, but in the most natural, most effective way, he first establishes to Internation.
prin.ciples, which apply to man individually and in the family relations,-the first form of society, al Law.
which was instituted directly, immediately by the Creator himself, for this social animal. He His method.
then shows why and how men unite and form a greater moral person, and applies these same
principles to these States; and then as a Sovereignty-a Riglht of Command-had been generated
by this union of men into States, or by direct gift from Deity, he applies these ethical principles to
these. sovereign States, whether under the rule of one, the few, or the many. And though the first
six books are occupied in establishing the philosophic basis, every idea is with, direct reference to
the two conclnding books, on the: origin, nature, and duties of States and Sovereigns, and no sem unfair.;
thought dispensable;: and it is therefore. unaccountable that this great jurist should have so far
detracted from the influence to which this work is entitled in the department of science for which
it was designed, as to style it " rather a treatise on moral philosophy than on international law."
The man who could devise and execute such. a work, should certainly be able to give it a proper Phih euthortitle, and he styles it the Law of:Nattre and Nations, which it merits more than any other book ity.
ever written. Probably if it did not, it would hardly have " always held, the first rank" after
Grotius, which Kent admits; and in method and thoroughness is it the superior. Martens' work
is very excellent, and-its "practical utility " is demonstrated in these pages, but it is not saying
too. much for PFfendorf, that of all theworks since published concerning International Law, no
ten could be named not better to be dispensed with than his; and even the whole of them
would not supply the vacuum its loss would occasion.
1 Our author here has the opinion of Ward to sustain him, and though myjudgmen:tis of small Ward & Kent
account against either, and as nothing against them jointly, I beg leave modestly- to intimate, that unfair to Vatunintentionally they perhaps do injustice to Vattel, and unnecessarily weaken his authority. As
to his deficiency in "philosophical precision," I am not enough of a philosopher to discover it; but -as to "pro.
if his principles are not stated with "precision," his arguments. not handled with "precision," his cision"
conclusions. not reached with " precision," the world is greatly in error in admitting the weight
his work has carried for three quarters of a century. If " his topics are loosely, and often tediously
and diffusively discussed," I am so. unfortunate as not to discover any less, at least, of these attributes in the composition and argument of these or any other of his deti'acting critics. Their works
are. excellent.and " elegant," but scarcely equal that most perfect specimen of composition on this
subject, as to precision both of thought and of expression-Vattel's immortal work upon the Lawa
of VNations. He] was a wonderful, genius, a worthy cotemporary of Montesquieu's; and had essayists and.others, who have attempted to show their profundity by fault-finding, as thoroughly mastered the science as had Vattel, they would, in my humble judgment, have found more to commend and less to criticize.
Nei,ther is the objection just, that "-he is not sufficiently supported by the'authority of pro- -as to "procedents;" at least. they should have alluded to the reason given in his preface for not offering cedents."
nore of them. Had Grotius or Pufendorf never written, or had Barbeyrac not added to them
his copious notes, this charge might be just. His predecessors have been styled heavy and cum.bersonme, overloaded with quotations- and precedents, but they contain little or nothing the student does not need, and Kent judiciously cormmends Grotius on this account. Vattel undertook a
different task, and well is it accomplished.  His, work is "elegant," the word exactly. The
reader is supposed to be acquaintted with Grotius and Pufendorf, and, also with Wolf and others;




32                    Our Fcxdral Unzion': State Piights and 1T15o ngs.
f5.Importance    There is no work which combines, in just proportions, and with entire satisfaction,
of Law of Na.tions to U. S. an accurate and comprehensive view of the necessary and of the instituted Law of
A new work Nations, and in which principles are sufficiently supported by argument, authority, and
required on   examples.  Since the age of Grotius, the code of war has been vastly enlarged and
the Law of Na- improved, and its rights better defined, and its severities greatly mitigated.  The
tifes.             o                                               s
rights of maritime capture, the principles of the law of prize, and the duties and privileges of neutrals, have grown into very important titles in the system of national
law.  We now  appeal to more accurate, more authentic, more precise, and more
Regard for legal decisions- commanding evidence of the rules of public law, by a reference to the decisions of
those tribunals, to whom, in every country, the administration of that branch of jurisprudence is specially intrusted. We likewise appeal to the official documents and
— official State ordinances of particular states, which have professed to reduce into a systematic code,
papers —
for the direction of their own tribunals, and for the information of foreign powers,
the Law of Nations, on those. points which relate particularly to the rights of comrn
merce, and the duties of neutrality.  But in the absence of higher and more authoritative sanctions, the ordinances of foreign states, the opinions of eminent statesmen,
-opinions of and the writings of distinguished jurists, are regarded as of great consideration on
statesmen and
jurists.      questions not settled by conventional law.' In cases where the principal jurists agree,
the presumption will be very great in favor of the solidity of their maxims; and no
Force of these civilized nation, that does not arrogantly set all ordinary law and justice at defiance,
authorities.   will venture to disregard the uniform sense of the established writers on international
law.  Englald and the United States have been equally disposed to acknowledge the
authority of the works of jurists, writing professedly on public law, and the binding
force of the general usage and practice of nations, and the still greater respect due to
judicial decisions recognizing and enforcing the Law of Nations. In all our foreign
negotiations and domestic discussions of questions of National Law, we have paid the
most implicit respect to the practice of Europe, and the opinions of her most distinguished civilians.' In England, the report made in 1753 to the king, in answer to
and in beautiful, flowing language, so simple that any schoolboy can comprehend, the principles
established by his predecessors, are applied to these States; and the precedents are to be found
where the principles are found. His preliminaries, that are the ground-work of his arguments,
are an admirable compend of truths established by Grotius and Pufendorf, though drawn directly
from Wolf. To write G-rotius and Pufendorf and Wolf all over, was unnecessary, and he remarks
in his preface that he has sought to add modern precedents, which were necessarily few, for his
work was published in 175S, and Barbeyrac had annotated Pufendorf in 1706, adding pretty much
everything of importance. Barbeyrac also in 1724 published an edition of Grotius with notes,
which probably gave the chief facts to that date, and some time or other published an edition of
Cumberland, which Martens speaks of, but which I have been unable to find. Evidently Vattel
could get but few precedents, unless he copied from preceding works with which the reader was
supposed to be familiar.
"Distinguish-    1 For that important reason should "distinguished jurists" be correct in their teachings.
ed, j urists"   Their weight of responsibility is very great. Dealing with the affairs of nations, they should be
fmust be care- much more careful than some of our American writers have been, lest, as Grotius observes, "they
render that which, of itself, was not very easie, much more dark and obscure than it was before."
Who are the    2 The correctness of that remark is, I trust, at least questionable. It is to be hoped, either that'i"most distin- we have not "paid the most implicit respect;" or that " the opinions " which we have respected
gulishled civil- and followed, are not those of Europe's " most distinguished civilians." There are other teachers
ians "?      in the science of Government besides those discussed by Kent, and who, it seems, have been most
followed in our theoretical knowledge; while in our correct practice, in the main, of the teachings
lIave we fol- of these truly "most distinguished civilians," our success has wonderfully proved their consumlowed them'mate skill and wisdom. There has been, as I believe, from before our Revolution down, a direct
conflict between our theories concerning Government, and our practice. The former have been
lamentably wrong; the latter, almost uniformly correct. Particularly in our "domestic discussions of questions of International Law, we, have paid the most implicit respect to the practice of
Europe, and the opinions of her" Locke, Rousseau, and Blackstone-rather a strange concatenation, yet each a link in the chain that pulls to the downfall, it seems to me, of all genuine Night
of Conmmrc-id. Had we in our theories followed Grotius, Vattel, and Montesquieu, as we have
done in practice, we had never been led into this civil war: had Britain followed the "most distinguished civilians," we had never been separated from our mother-land.
If there is this conflict between theory and practice which is believed, and which it is the
main purpose of this work to prove, it is quite time our wise, and good, and great statesmen in the
Soltaa and in the North, were' studying into the subject, to ascertain how the difficulties can bo
obviated. Never can the blessings of peace be again enjoyed by these States, till the Citizens of




Introductory  Conmpend.                                      As
the Prussian memorial, is very satisfactory evidence of the obedience shown to the ~5.Importance
of Law of Nas
great standing authorities on the Law of Nations, to which I have alluded. And in a tions to U.. 
case which came before Lord Mansfield, in 1764, in the K. B., he referred to a decision of Lord Talbot, who had declared that the Law of Nations was to be collected
from the practice of different nations, and the authority of writers; and who had
argued from such authorities as Grotius, Barbeyrac, Bynkershoeck, Wiquefort, &c.,
in a case where British authority was silent. The most celebrated collections and
codes of Maritime Law, such as the Consolato del Mare, the laws of Oleron, the laws
of the Hanseatic League, and, above all, the marine ordinances of Louis XIV., are
also referred to, as containing the most authentic evidence of the immemorial and
customary law of Europe.
The dignity and importance of this branch of jurisprudence cannot fail to recom- Dignity and
iptance of
mend it to the deep attention of the student; and a thorough knowledge of its prin- International
ciples is necessary to lawyers and statesmen, and highly ornamental to every scholar Law.
who wishes to be adorned with the accomplishments of various learning. Many questions arise in the course of commercial transactions which require for their solution an
accurate acquaintance with the conventional law of Europe, and the general doctrines
of the prize tribunals. Though we may remain in peace, there is always war raging
in some part of the globe, and we have at the present moment neutral rights to exact, and neutral duties to perform, in the coiuse of our Mediterranean trade, and in
the trade to the Brazils and along the shores of the Pacific. A comprehensive and.
scientific knowledge of International Law is highly necessary, not only to lawyers:
practising in our commercial ports, but to every gentleman who is animated by liberal
views, and a generous ambition to assume stations of high public trust. It would be,
exceedingly to the discredit of any person who should be called to take a share in the
councils of the nation, if he should be found deficient in the great leading principles
of this law; and I think I cannot be mistaken in considering the elementary learning
of the Law of Nations, as not only an essential part of the education of an American
lawyer, but as proper to be academically taught. My object, therefore, in some suce
ceeding lectures, will be, to discuss all the.leading points arising upon the rights and
duties of nations, in the several relations of peace, of war, and of neutrality.
We have no legal authority more eminent than the Commentaries Kent's highlr
of Chancellor Kent, and we shall have occasion to quote further. These position.
extracts serve a double purpose: first, to prove who are the founders of He applies In..
ternational
International Law, and that this country recognizes the binding obliga- Law to the U.I
States' ha:
tions of their code; and secondly, that these obligations are applied tion         a-...
chiefly, if not solely, to the  "nation" of the United States.  These_ -not to thlsse.
States of ours are nowhere recognized as the Sovereign Nations which, States...
while they have instituted their Constitution as a civil law to direct them
in part, are yet chiefly governed by International Law. Hence, throughout the work, there is no rising to the full dignity of the subject.  To cfse"quent.
treat at length upon our Federal System, and never once allude to the
grand idea that it was -a new discovered plan-or, rather, an important
improvement on an old plan —to conduct with harmony the affairs of'
sovereign States, is certainly to rear a work without its chief and proper
basis.   No one would infer from  these Commentaries, that State and
nation were precisely synonymous, interchangeable words; but the United States "nation" is raised to view  as the peer of Sovereigns, and
these States of ours are subordinated, degraded, and made to the Union
every grade become better informed than hitherto upon the subject of Goverhment. When theo-.
ries are understood, we can apprehend the rights, and correct the wrongs of these States; not be-t
fore. Then, too, can we form a permanent Union.
3




34                Our Fcederal  Union: -State Rights and  Wrongs.
~5.Importance like counties and towns to a State. De Tocqueville, as we shall see,
tions to U.S. much more correctly apprehended the genius and dignity of our GovernDe Tocque-  ment, than any of our northern authors.
ville more correct.          Story, another eminent authority, took for a subject, Conflict of Laws,
Story's ConAict of Laws. Foreign and Domestic, which one would suppose might bring prominently to view the relations of these States to each other. In the dediA prediction. cation to Kent, the author remarks: "You have done for America, what
Mr. Justice Blackstone, in his invaluable Commentaries, has done for England."  Though neither Kent nor Story lived to see the striking manner
Its falfilment. in which this declaration is fulfilled, we do.  The misconceptions of these
great jurists, and others, have at length brought us to disunion, just as
those of Blackstone caused the separation of these Colonies from the
motherland. Is the separation to be alike permanent?
Importance of    In the preface is this sensible observation: "The subject is one of
International
LawtoU..  great importance and interest; and from the increasing intercourse between foreign States, as well as between the different States of the
American Union, it is daily brought home more and more to the ordiaSoav'8    nary business and pursuits of human life.  The difficulty of treating such
Preface.    a subject in a manner suited to its importance and interest, can scarcely
be exaggerated. The materials are loose and scattered, and are to be
gathered from  many sources, not only uninviting, but absolutely repulsive, to the mere student of the Common Law.  There exists no treatise
Lack of text
books.     upQn it in the English language; and riot the slightest effort has been
made, except by Mr. Chancellor Kent, to arrange in any general order
even the more familiar maxims of the Common Law in regard to it," &c.
* That such a statement could be made so lately as 1834, is good evidence of our ignorance of these State relations, and of the want of text
books for the adjudication of their difficulties. Though the differences
of laws and of decisions in several of these States are discussed, it is not
the work it would have been, had the author realized that the " conflict"
between these States was between sovereign nations.
General Im-    With pleasure is a quotation made from  the introductory remarks,
portance of International   giving Story's influential opinion as to the importance of International
Law.  Grotius is several times quoted, and also Vattel and Martens,
Burlamaqui a few times, and Ward and Pufendorf, and other writers who
are not in this work referred to, thus giving the influential sanction of
Story to them as authorities in International Law.
Diversity of    ~ 1. The earth has long since been divided into distinct Nations, inhabiting differ.
interests and
views.     ent regions, speaking different languages, engaged in different pursuits, and attached
to different forms of government. It is natural that, under such circumstances, there
should be many variances in their institutions, customs, laws, and polity; and that
these variances should result sometimes from accident, and sometimes from design,
STORT'S 0on. sometimes from superior skill, and knowledge of local interests, and sometimes from
fliat of zaws, a choice founded in ignorance, and supported by the prejudices of imperfect civilizap. 1.      tion. Climate, and geographical position, and the physical adaptations springing from
them, must at all times have had a powerful influence in the organization of each so
ciety, and have given a peculiar complexion and character to many of its arrangements




-Itroductory  Compend.                                       35
The bold, intrepid, and hardy natives of the North of Europe, whether civilized or ~5.Importance
of Law of Na
barbarous, would scarcely desire, or tolerate, the indolent inactivity and luxurious in- tions to U. s.
dulgences of the Asiatics. Nations inhabiting the borders of the ocean, and accustomed to maritime intercourse with other nations, would naturally require institutions
and Laws, adapted to their pursuits and enterprises, which would be wholly unfit for
those who should be placed in the interior of a continent, and should maintain very
different relations with their neighbours, both in peace and war. Accordingly, we
find, that, from the earliest records of authentic history, there has been (as far at least
as we can trace any) little uniformity in the laws, usages, policy, and institutions,
either of contiguous or of distant nations. The Egyptians, the Medes, the Persians,
the Greeks, and the Romans, differed not more in their characters and employments
from each other, than in their institutions and laws. They had little desire to learn,
or to borrow from each other; and indifference, if not contempt, was the habitual state
of almost every ancient nation in regard to the internal polity of all others.
~ 2. Yet even under such circumstances, from their intercourse with each other, Differences
must be adquestions must sometimes have arisen, as to the operation of the laws of one nation justed.
upon the rights and remedies of parties in the domestic tribunals, especially when they
were in any measure dependent upon, or connected with foreign transactions. How
these questions were disposed of, we do not know; but it is most probable that they
were left to be decided by the analogies of the municipal code, or were abandoned to
their fate, as belonging to that large class of imperfect rights, which rests wholly on
personal confidence, and is left without any appeal to remedial justice. It is certain, Ancients had
that the nations of antiquity did not recognise the existence of any general or universal to Law of Xa:
rights and obligations, such as among the moderns constitute what is nnw emphatically
called the Law of Nations. Even among the Romans, whose jurisprudence has come The Romals.
down to us in a far more perfect and comprehensive shape than that of any other
nation, there cannot be traced out any distinct system of principles applicable to international cases of mixed rights. This has in some measure been accounted for by
Huberus upon the supposition, that at the time, to which the Roman jurisprudence
relates, the Roman dominion extended over so great a portion of the habitable world,
that frequent cases of contrariety or conflict of laws could scarcely occur. But this is
a very inadequate account of the matter; since the antecedent jurisprudence of Rome
must have embraced many such cases at earlier periods; and if there had been any
rules, even traditionally known to govern them, they could scarcely have failed of
being incorporated into the civil codes of Justinian. In many of the nations, over
which the Romans extended their dominion, the inhabitants were left in possession of
their local institutions, usages, and laws, to a large extent; and commercial, as well as
political, intercourse must have brought many diversities of laws and usages in judgment before the tribunals of justice. We have the most abundant evidence on this
head, in relation to the Jews, after they had submitted to the Roman yoke, who were der the Rostill permitted to follow their own laws, in the times of our Saviour, and down to the mans.
destruction of Jerusalem.
~ 3. The truth is, that the Law of Nations, strictly so called, was in a great meas- Origin of the
ure unknown to antiquity, and is the slow growth of modern times, under the com- tiLans.f 
bined influence of Christianity and Commerce. It is well known, that when the Ro- Influence of
man Empire was destroyed, the Christian world was divided into many independent Christianity
and comsovereignties, acknowledging no common head, and connected by no uniform civil andecm
polity. The invasions of the Barbarians of the North, the establishment of the feudal
system in the middle ages, and the military spirit and enterprise cherished by the
Crusades, struck down all regular commerce, and surrendered all private rights and
contracts to mere despotic power. It was not until the revival of commerce on the
shores of the Mediterranean, and the revival of Letters and the study of the Civil Law — of Romnan
by the discovery of the Pandects, had given an increased enterprise to maritime navi- la.
gation, and a consequent importance to maritime contracts, that anything like a system
of international justice began to be developed. It first assumed the modest form of
commercial usages; it was next promulgated under the more imposing authority of
royal ordinances; and it finally became by silent adoption a generally connected sys



36                   Our ]FAederal' Union': State Rights and WVrongs.
5.ILmportanee tem, founded in the natural convenience, and asserted by the general comity of the'1f Law df Na-,ions to U. S. commercial nations of Europe.  The system, thus introduced for the purposes of commerce, has gradually extended itself to other objects, as the intercourse of nations has
The Law of become more free and frequent.  New rules, resting on the basis of general convenitionshesda w  ence, and an enlarged sense of national duty, have been, from time to time, promulgated by jurists, and supported by courts of justice, by a course of juridical reasoning,
which has commanded almost universal confidence, respect, and obedience, without
the aid, either of municipal statutes, or royal ordinances, or international treaties.
Present neces-    ~ 4. Indeed in the present times, without some general rules of right and obligasity of Inter- tion, recognized by civilized nations, to govern their intercourse with each other, the
most serious mischiefs and most injurious conflicts would arise. Commerce is now so
absolutely universal among all countries; the inhabitants of all have such a free intercourse with each other; contracts, marriages, nuptial settlements, wills, and successions, are so common among persons, whose domicils are in different countries, having
different and even opposite laws on the same subjects; that without some common
principles adopted by all nations in this regard, there would be an utter confusion of
all rights and remedies; and intolerable grievances would grow up to weaken all domestic relations, as well as to destroy the sanctity of contracts and the security of
property.
Examples.       ~ 5. A few simple cases will sufficiently illustrate the importance of some international principles in matters of mere private right and duty. Suppose a contract, valid
by the laws of the country, where it is made, is sought to be enforced in another
country, where such a contract is positively prohibited by its laws; or, vice versa,
suppose a contract, invalid by the laws of the country where it is made, but valid by
that of the country where it is sought to be enforced; it is plain, that unless some
uniform rules are adopted to govern such cases, (which are not uncommon,) the grossest inequalities will arise in the administration of justice between the subjects of the
different countries in regard to such contracts. Again; by the laws of some countries
marriage cannot be contracted until the parties arrive at twenty-one years of age; in
other countries not until they arrive at the age of twenty-five years. Suppose a marriage to. be contracted between two persons in the same country, both of whom are
over twenty-one years but less than twenty-five, and one of them is a subject of the
latter country, is such a marriage valid, or not? If valid in the country where it is
celebrated, is it valid also in the other country?  Or the question may be propounded
in a still more general form. Is a marriage, valid between the parties in the place
where it is solemnized, equally valid in all other countries? Or is it obligatory only
as alocal regulation, and to be treated everywhere else as a mere nullity?
Different pro —    ~ 6. Questions of this sort must be of frequent occurrence, not only in different
vinces of the countries wholly independent of each other; but also in provinces of the same empire,
governed by.different laws, as was the case in France before the Revolution; and also
in countries acknowledging a common sovereign, but yet organized as distinct commu.
nities, as is still the case in regard to the communities composing the British Empire,
the Germanic Confederacy, the States of Holland, and the domains of Austria. and
Russia.  [Did the author class these States of ours, with French provinces and the
A query as to States of Holland, now subject to. a monarch, or with France, Spain, Russia, &c.?  I
these tates.  discover nothing to indicate his view.]  Innumerable suits must be litigated in the
judicial. forums of these countries and provinces, in which the decision must depend
upon the point, whether the nature of a contract should be determined by the law of
the place, where it is litigated; or by the law of the domicil of one or both of
the parties; or by the law' of the place, where the contract was made; whether
the capacity to make a testament should be regulated by the law of the testator's
domicil, or that of the location of his property; whether the form of his testament
should be prescribed by the law of his domicil, or of that of the location of his property, or of that of the place where the testament is made; and in like manner, whether
the law of the domicil, or what other laws should govern in cases of succession of intestate estates.
~ 7. It is plain that the laws of one country can have no intrinsic force, propric




Introductory Cowmpend.                                              37
vsgore, except within the territorial limits and jurisdiction of that country.  They can ~5.TImportance
of Law of Nabind only its own subjects and others who are within its jurisdictional limits, and the tions to U. S.
latter only while they remain there.  No other nation, or its subjects, are bound to
yield the slightest obedience to those laws.  Whatever extra-territorial force they are ed to a counto have, is the result, not of any original power to extend them abroad, but of that try's limits.
respect, which, from motives of public policy, other nations are disposed to yield to
them, giving them  effect, as the phrase is, sub mutuce vicissitudinis obtentu, with a
wise and liberal regard to common convenience and mutual necessities. Boullenois
has laid down the same exposition as a part of his fundamental maxims.  " Of strict
Fright," says he, " all the laws made by a sovereign have no force or authority except
within the limits of his domains. But the necessity of the public and general welfare
has introduced some exceptions in regard to civil commerce." 
~ 8. This is the natural principle flowing from  the equality and independence of Only Sovereignty gives
nations.  It is an essential attribute of every sovereignty, that it has no admitted focte to law.
-superior, and that it gives the supreme law within its own domains on all subjects ap
pertaining to its sovereignty. What it yields, it is its own choice to yield; and it can-:not be commanded by another to yield it as a matter of right. And accordingly it is
laid down by all publicists and jurists, as an incontestable rule of public law, that
one may with impunity disregard the law pronounced by a magistrate beyond his A sovereign
territory.   Extra territoriunz jus dicenti impune ncoon paretuo, [one may with irn- powerless out
punity disobey a sovereigsn uttering law outside his territory,] is the doctrine of the of his domain.
Digest, and it is equally as true in relation to nations, as the Roman law held it to be
in relation to magistrates.  Vattel has deduced a similar conclusion from the general
independence and equality of nations, very properly holding that relative strength or
weakness cannot produce any difference in regard to public rights and duties, and that
whatever is lawful for one nation, is equally lawful for another; and whatever is,unjustifiable in one is equally so in another.  And he affirms, in the most positive manner (what indeed cannot well be denied), that sovereignty, united with domain,
establishes the exclusive jurisdiction of a nation within its territories, as to controversies, crimes, and rights arising therein.
~ 9. The jurisprudence, then, arising from  the conflict of the laws of different Importance of
nations, in their actual application to modern commerce and intercourse, is a most Law to the
interesting and important branch of public law.  To no part of the world is it of more United States.
interest and importance than to the United States, since the union of a national
government with that of twenty-four distinct, and in some respects independent
states, necessarily creates very complicated relations and rights between the citizens of
those states, which call for the constant administration of extra-municipal principles.
This branch of public law may be fitly denominated  private international law,
since it is chiefly seen and felt in its application to the common business of private persons and rarely rises to the dignity of national negotiations or national controversies.2
~ 10. The subject has never been systematically treated by writers on the common Not systemarti
law of England; and, indeed, seems to be of very modern growth in that kingdom; E lly treattedin
and can hardly, as yet, be deemed to be there cultivated, as a science, built up and
defined with entire accuracy and precision of principles. MAore has been done to give
it form and symmetry within the last fifty years, than in all preceding time. But much
1 Here was an opportunity to present to the world the radical change we had made. Though Story omitted
usually, as Story says, "the laws of one country can have no intrinsic forcd except within [its] to notice a
jurisdiction;" yet is it not entirely so with us. Thirty-four nations (before some seceded), the change in we
T  made in cornpeers of any other nations, were "bound to yield [perfect] obedience to those laws " which no one mercial.law.
of them had enacted, though, as Boullenois intimates, they have efficacy because "; a Sovereign
[who has) force or authority within the limits of his domains," has joined with other Sovereigns
and authorized the enactment of laws upon certain questions that should be obligatory throughout
their joint domains. Does not a change of commercial law, so important if notimproving, inerit
Notice in this first treatise in English upon this subject?
2 Had the learned jurist properly understood the question of Sovereignty, alluded to in ~ 8, pre- Did Story un
ceding, would he not have had something to add to this ~ 9, concerning these sovereign States derstand sov
united?ereignty




38                   Our Federal Union: State Rights and Wrongs.
~5.Importance yet remains to be done to make it, what it ought to be, in a country of such vast ex.
of Law of Nations to U. S. tent in its commerce, and such universal reach in its intercourse and polity.l
~ 18. I. General Maxims of International Jurisprudence.-The first and most
Every State
has exclusive general maxim or proposition is that which has been already adverted to, that every
nd jurisdic  nation possesses an exclusive sovereignty and jurisdiction within its own territory.
tion.        The direct consequence of this rule is, that the laws of every state affect, and bind
directly all property, whether real or personal, within its territory; and all persons, who are resident within it, whether natural born subjects, or aliens; and also
What it may all contracts made, and acts done within it.  A  state may, therefore, regulate the
do.          manner and circumstances, under which property, whether real or personal, or
in action, within it, shall be held, transmitted, bequeathed, or transferred, or
enforced; the condition, capacity, and state, of all persons within it; the validity
of contracts, and other acts, done within it; the resulting rights and duties growing
out of these contracts and acts; and the remedies, and modes of administering justice
in all cases calling for the interposition of its tribunals to protect, vindicate, and
secure the wholesome agency of its own laws within its own domains.
toutllenois as   ~ 19. Accordingly, Boullenois has laid down the following among his general
to the lowers
of a Sovereign principles (principes generaux).  He says, (1.) He, or those, who have the sovereign
State.       authority, have the sole right to make laws; and these laws ought to be executed in
all places within the sovereignty, where they are known, in the prescribed manner.
(2.) The sovereign has power and authority over his subjects, and the goods, which
they possess within his dominions. (3.) The sovereign has also authority to regulate
the forms and solemnities of contracts, which his subjects make within the territories
under his dominions; and to prescribe the rules for the administration of justice.
(4.) The sovereign has also a right to make laws, to govern foreigners in many cases;
for example, in relation to property, which they possess within the reach of his
sovereignty; in relation to the formalities of contracts, which they make within his
territories; and in relation to judiciary proceedings, if they institute suits before his
tribunals.  (5.) The sovereign may in like manner make laws for foreigners, who
even pass through his territories; but these are commonly merely laws of police,
made for the preservation of order within his dominions, whether they are perpetual or
temporary. The same doctrine is either tacitly, or expressly conceded by every other
jurist, who has discussed the subject at large, whether he has written upon municipal
law, or upon public law.2
Restrictions of    ~ 20. II. Another maxim, or proposition, is, that no state or nation can, by its
laws to their laws, directly affect, or bind property out of its own territory, or persons not resident
therein, whether they are natural born subjects or others.  This is a natural consequence of the first proposition; for it would be wholly incompatible with the equality
and exclusiveness of the sovereignty of any nation, that other nations should be at liberty
to regulate either persons or things within its territories.  It would be equivalent to a
declaration, that the sovereignty over a territory was never exclusive in any nation,
but only concurrent with that of all nations; that each could legislate for all, and
none for itself; and that all might establish rules, which none were bound to obey.
The absurd result of such a state of things need not be dwelt upon. Accordingly
Rodemburg has significantly said, that no sovereign has a right to give the law
beyond his own dominions; and if he attempts it, he may be lawfully refused obedience; for wherever the foundation of laws fails, there their force and jurisdiction fail
also.  Constat igitur extra territorium legem dicere licere nemini, idque si fecerit quis,
impune ei non pa7eri, quippe ubi cesset statutorum fundamnentum, robor, et jurisdictio.
P. Voet speaks to the same effect: Nullum statutum sive in rem, sive in personam, st
de ratione juris civilis sermo instituatur, sese extendit ultra statuentis territorium.
N;ecessity of   I If important to England, how much more so to this country I And if no text book has yet
having Ameri- been issued properly treating this subject, quite time is it that some jurist who understands the
can text books. A B C of State Sovereignty should engage in the work.
2 These truths must be remembered. It takes sovereign power to enact a law, as will be more
fully established, and when the Sovereign or Sovereigns delegate the power, as in the Federal
agency, the letter of authority cannot be transcended.




Introductory Compend.                                             39
[Statute is of no efect either on person or property, beyond the territory of the enacting ~Importance
power.] Boullenois, (as we have seen,) announces the same rule: De droit'troit, toutes tions to U.S.
les loix, que fait un souverain, n'ont force et autorite que dans l'itendue de sa denomination; and, indeed, it is the common language of jurists. Mr. Chief Justice Parker
has recognised the doctrine in the fullest manner.  " That the laws," says he, " of any
state cannot by any inherent authority be entitled to respect extra-territorially, or
beyond the jurisdiction of the state, which enacts them, is the necessary result of the
independence of distinct sovereignties."
~ 23. III. From these two maxims or propositions, there flows a third, and that is, A State may
give authority
that whatever force and obligation the laws of one country have in another, depends to the laws of
solely upon the laws, and municipal regulations of the latter, that is to say upon its another State.
own proper jurisprudence and polity, and upon its own express. or tacit consent. A
state may prohibit the operation of all foreign laws, and the rights growing out of
them, within its own territories. It may prohibit some foreign laws, and admit the
operation of others. It may recognise, and modify, and qualify some foreign laws;
it may enlarge, or give universal effect to others. It may interdict the administration
of some foreign laws; it may favour the introduction of others.  When its code
speaks positively on the subject, it must be obeyed by all persons, who are within the
reach of its sovereignty. When its customary, unwritten, or common law speaks
directly on the subject, it is equally to be obeyed; for it has an equal obligation with
its positive code. When both are silent, then, and then only, can the question properly arise, what law is to govern in the absence of any clear declaration of the
sovereign will?  Is the rule to be promulgated by a legislative act of the sovereign
power?  Or is it to be promulgated by courts of law, according' to the analogies
which are furnished in the municipal jurisprudence? This question does not admit of
any universal answer; or rather, it will be answered differently in different communities, according to the organization of the departments of each particular Government.'
~ 24. Upon the continent of Europe some of the principal states have silently European
suffered their courts to draw this portion of their jurisprudence from the analogies fur- practice.
nished by the civil law, or by their own customary or positive code. France, for
French prove
instance, composed, as it formerly was, of a great number of provinces, governed by inces.
different laws and customs, was early obliged to sanction such exertions of authority
by its courts, in order to provide for the constantly occurring claims of its subjects,
living and owning property in different provinces, in a conflict of the different provincial laws. In England and America the courts of justice have hitherto exercised
the same authority in the most ample manner; and the legislatures have in no
instance (it is believed) in either country interfered to provide any positive regulations.
The common law of both countries has been expanded to meet the exigencies of the
times, as they have arisen; and so far as the practice of nations, or the jus yentizum
privatum, has been supposed to furnish any general principle, it has been followed out
with a wise and manly liberality.
~ 26. The jurists of continental Europe have, with uncommon skill and acuteness The practice of
Ecurope will
endeavoured to collect principles, which ought to regulate this subject among all never do for
nations. But it is very questionable whether their success has been at all propor- these Sovereign States-is
tionate to their labour; and whether their principles, if universally adopted, would be what Story
found either convenient or desirable under all circumstances.  Their systems, indeed, should have
said.
have had mainly in view the juridical polity fit for the different provinces and states
of a common empire, though they are by no means limited to them. It is easy to
see, that in a nation, like France, before the Revolution, governed by different laws in
its various provinces, some uniform rules might be adopted, Which would not be
equally fit for the adoption of independent nations possessing no such common interests, or such common basis of jurisprudence. The leading positions maintained by
1 Why could not this American jurist, judge in the Federal Court, point to the advance we
had made, and say that ouer "code [Constitution] speaks positively on the subject"? and though
he could not say "it must be obeyed by all persons who are within the reach of its sovereignty,"
he could with correctness have said-of their Sovereignties.




40                Our Federal tUnion: State RighAs and  Wrongs.
~5,Impo.rtance many of the French jurists are, that the laws of a country, which concern persons,
tioLnsto UNS.a  who reside within, and are subject to its territorial jurisdiction, ought to be deemed of
universal obligation in all other countries; that the laws, which concern the property
of such persons, ought to be deemed purely local, and the laws of a mixed character,
concerning such persons and property, ought to be deemed local, or universal,
according to their predominant character.l
Wheaton's      Wheaton is another eminent authority in law, and probably, on the
Elements of
Internationat branch of International Law, would outrank any other American writer.
Latw, EDITOA'S
introductory *The accomplished editor, Mr. Lawrence, says, in his introductory reremarks, p.
xiii.'    marks to the sixth edition: " The rank, however, which is accorded to
*the'Elements of International Law,' in the cabinets of Christendom,
vattel super- where it has replaced the elegant treatise of Vattel, whose summary long
seded.
proved a- substitute for the more' elaborate works of Grotius and Wolff,
and the consideration which it enjoys, not only among diplomatists, but
in legislative assemblies, and in the tribunals administering the common
jurisprudence of nations, seem to render it proper," &c.  Whether this
be strictly correct or not, Wheaton's works have a high authority at
home and abroad, and he is more nearly in accord with Grotius and Vattel, in his allusions to our States and Union, than Kent and Story.  Mr.
Wheaton re- Lawrence further observes: "Mr. Wheaton, whose nearest relatives
publican.
were of the school of Jefferson, and whose republican sentiments were
unavoidably strengthened by his European residence, was, during these
years of comparative leisure, an efficient supporter, by his contributions
7b. xxiii.  to the periodical press, of the administrations of Jefferson and Madison."
He was therefore inclined to view our Union as mostly  Federal, has
Did not well numerous judicious observations, and he generally considers these States
understand
our Union.  free and independent, as are the various States of Europe.  Still, he
throws very little light upon the nature of our Union.  He published
Wheaton's   another work in 1843, History of the Law of Nations; but nowhere, as
listory of twhe I have observed, does he treat the subject as though our Federal League.Law of Nations.     rested  altogether on the principles of International Law.   Neither
Pufendorf nor Vattel is much authority with him, which might be expected of a writer who brings out a seemingly new  division of Sovlie divides   ereignty, into Internal and External.  Vattel remarks upon something
Sovereignty.
from  Grotius, concerning an Internal Law of Nations, but a division of
Sovereignty is quite another matter.  Some of Wheaton's teachings cannot stand, if Grotius, Pufendorf, and Vattel are to be sustained.  Quotations from both works have been marked for this section, but space need
not be taken.  Hereafter, some of ithe points of this standard authority
will find an appropriate place.
Wheaton,       Some may regard it gross impertinence to class'Wheaton and Story
Paine, Rous- and Kent with Rousseau, Tom Paine, and the French school of infidelseau, &c.
ity, liberty, equality, and fraternity.  Yet on important points, the governmental teachings of each and all have the same tendency.
N1 othing in this work that I can discover any more directly recognizes the individual exist
ence and sovereignty of these States of ours, and for anything that appears, he would seem to con
sider a " conflict " of authority between them as equivalent to one between French provinces.




Introdulzctory  Compend.                                    41
From Aristotle down, Government has been based upon a Siupreme ~.tMImportanco
Power-Sovereignty-Right of Command.  This Sovereignty has ever tions to U S.
been, in every State, one and indivisible, possessed either by one, thefew, or Sovereignty
the many; never by the totality.  Everybody within that State is a sub- from the days
ject to its Sovereignty; and, even without the light of Revelation, the
civilized States of Greece and Rome had ascertained abundant necessity Its necessity
for the Government of man under this sovereign Right of Command.
But the Bible, and especially the New Testament, well explained what
before was dark and uncertain, and its truths, properly applied, give a
power and vigor to the Sovereign Authority, which make it truly efficacious in all Christian States. No wonder that a class of free-thinkers Infidels seek
among us should have issued teachings, in the trying period of our Revo- itdetruionlution, and of the foundation of a new Government, utterly subversive
of all authority.  They believed in man's actual, impreicriptible right to _tomakeman
freedom; but they had the sense to see, that such an idea tallied neither free.
with the Bible, nor the established views of Government, and endeavored to overthrow both. In close sympathy with France because of her
kind and opportune aid, we became imbued with her philosophy.  Says
Paine, in his letter to Abbe Raynal:
Perhaps no two events ever united so intimately and forcibly to combat and expel Sympathy between France
prejudice, as the revolution of America, and the alliance with France. Their effects and the United
are felt, and their influence already extends as well to the old world as the new. Our States.
style and manner of thinking have undergone a revolution, more extraordinary than
the political revolution of the country. We see with other eyes; we hear with other PAINE'S
ears; and think with other thoughts, than those we formerly used. We can look back Works,,  388.
on our own prejudices, as if they had been the prejudices of other people. We  ow Or rejies
see and know they were prejudices and nothing else; and relieved from their shackles, removedenjoy a freedom of mind we felt not before. It was not all the argument, however
powerful, nor all the reasoning, however eloquent, that could have produced this
change, so necessary to the extension of the mind and the cordiality of the world,
without the two circumstances of the revolution and the alliance.
Had America dropped quietly from Britain, no material change in sentiment had -and how.
taken place. The same notions, prejudices, and conceits would have governed in both
countries, as governed them before, and, still the slaves of error and education, they Glorious rewould have travelled on in the beaten track of vulgar and habitual thinking. But sults.
brought about by the means it has been, both with regard to ourselves, to France and
England, every corner of the mind is swept of its cobwebs, poison and dust, and made
fit for the reception of generous happiness.
Yes; all such " vulgar and habitual thinking,"  as that we are subjects of Divine Government, was to be discarded; " the mind swept of
its cobwebs, poison, and dust," derived from the Bible; and man was to
" enjoy a freedom of mind, felt not before." And not only were they to
be relieved from the " shackles" of " prejudice " as to the sovereign rule
of GOD, but as to that of man also; and in his treatise on the Rights of
Man, Paine remarks:
When men are spoken of as kings and subjects, or when government is mentioned Science of
Government
under distinct or combined heads of monarchy, aristocracy, and democracy, what is it Gpopsed.
that reasoning man is to understand by the terms? If there really existed in the world rpAIN's
two more distinct and separate elements of human power, we should then see the several VorXks, ii, 200




42                 Our Foederal Union: State Rtigts and  Wrongs.
~5.Importance origins to which those terms would descriptively apply; but as there is but one species
of Law of Nations to U. S. of man, there can be but one element of human.power, and that element is man himself.
Monarchy, aristocracy, and democracy are but creatures of imagination; and a thouNothing in
forms.      sand such may be contrived as well as three.
Power of Rev-   From the revolutions of America and France, and the symptoms that have apolutions.
peared in other countries, it is evident that the opinion of the world is changing with
respect to systems of government, and that revolutions are not within the compass of
political calculations. The progress of time and circumstances, which men assign to
the accomplishment of great changes, is too mechanical to measure the force of the
mind, and the rapidity of reflection, by which revolutions are generated;, all the old
governments have received a shock from those that already appear, and which were
once more improbable, and are a greater subject of wonder, than a general revolution
in Europe would be now.
Revolutions     All those old absurdities of Aristotle, Grotius, Pufendorf, &c., as to
the panacea.
a sovereign Right of Command existing in every State under the form of
Monarchy, Aristocracy, and Democracy, those mere "creatures of the
imagination," are to be dispelled.  The glorious era of "revolutions,"
begun in America and France, is to break the chains of authority, and
release man from  thraldom  and tyranny.  No longer is he to be a subject, but a freeman.  "The force of the mind, and the rapidity of reflection, by which revolutions are generated," is to be a sovereign panacea
for the ills afflicting priest-ridden humanity, far superior to the sovereign
Right of Command these false teachers have inculcated.
All opponents    It matters not whether these subverting, hellish teachings come from
of Sovereignty
are Paine's   Locke or Rousseaii, from  Paine or from  Paley; they have the same
allies.
direct tendency to overthrow  all permanent authority.  We must hold
fast to this sheet anchor of the sovereign Right of Command, as taught
by Grotius, Pufendorf, and Vattel, or these ships of State, in Europe and
America, will be adrift upon a sea of anarchy.
Necessity of    We can better understand the importance of preserving the system
tablished rin f Aristo es-e founders of modern International Law, after
ciples.     examining the extracts from them in chapter ii, Principles of Government.
They show what a State is, and how and why instituted; what its Sovereignty is, and how  generated; what are the rights and powers of a
sovereign State; what is a Republic; what is a Federal Republic.  If
we find a system defining all these important points-and, if not greatly
mistaken, we shall see it clear as the light of day, and dating all the way
back to Aristotle-we shall then be prepared to contrast with it some of
Americans   our tortuous teachings.  After examining some of the views of Marshall,
have not.    Story, Rawle, Wheaton, Dane, Bradford, Chipman, Webster, Duer,
President Lincoln, Messrs. Everett, Curtis, and Motley, it is believed
the reader will admit that chapter iii is not misnamed —Principles Con.
fused.'  Finding that every one of the difficulties raised by these excellent men and pure patriots is easily solved by applying a little of the
1 The errors and misconceptions of the early fathers of our governmental system-or perhaps
it should rather be said, the differences between their views and those of Pufendorf, Vattel, &c.will be noticed in Part II upon The Constitstion, in presenting their debates and writings con.
cerning it.




Introductory C7ompencl.                               43
common-sense principle from the vial of International Law, we shall also ~6.Eilementary
be pleased to see that they duly estimated the doctors who compounded plied to States.
the wonderful solvent. It is requisite that we have more testimony to
establish the authority of the compilers of the International Code, which
will not be neglected.
~ 6.-ELEMENTARY PRINCIPLES APPLIED TO THESE STATES.
We have learned that the teachings of Grotius, Pufendorf, and Vat- Who in U. S.
are subjects of
tel, are the established Law of Nations, and that the United States Lnternational
recognize its obligations, and we shall have considerable more testimony
confirmatory of Kent's judgment. But there is no slight difference of
opinion, in this land of liberty, as to who are the parties bound to its
observance.  A  few have an idea that these States, as the very word some think
Statesimplies, have a good deal to do with it, and are possibly the sole parties
in reality; whereas most in the North adopt the view of Kent, that the -others the
most                                             United States.
United States is at least the superior "nation;" and very many think a
State has no more to do with International Law than has a county or a
town.
The bbject of this work is to examine the principles of Government Our object to
established for all Christendom by these recognized authorities, and then,
by looking into our own records, to ascertain where, of what, and how
American States are constituted, what our form of Government is, and
what are the rights of the Federal Authority, of the States, of the
People.  And, strange as it may appear, this is the first attempt of the First attempt
of the kind.
kind, to my knowledge, notwithstanding the immense fundamental differences of opinion among us, and which can only be harmonized and settled by such an examination.  For many years we have had bitter altercations in Congress and elsewhere, as to what were affirmed to be State Examination
indispensable
rights, and as to the wronigs of administration of authority, which was toasettlement
correctly affirmed to be merely delegated and strictly limited.  But who
has undertaken to prove it from the International Code? We wrangle
and discuss the authority of officials, both in our Federal and State Governments, and the right of their acts, and our learned Congressmen are
in sad perplexity as to whether they or the President has the Supreme
Power; but who goes to the fundamentals of the subject, and brings
International Law to bear upon the disputed points?  Thus only can
they ever be determined. These States are in war from ignorance and
perversion of the teachings of these eminent authorities, and from not
understanding our own short history.  Who is examining and correcting
these errors?-the only means possible of bringing peace.
The examination should not be difficult.  Having libraries rich in Facilities for
the examinaclassic stores, ancient and modern, both in the originals and in our native tion.
language of England, and far beyond what our fathers enjoyed; having
the accumulated wisdom and experience of more than seventy years,
affording much and useful instruction, notwithstanding its imperfections,




44                Our O Fudceral Union: State JRights anrd'Wrongs.
~6.Elementary we ought now to be able to investigate and understand our systems of
principles appliedto States. Government, much more perfectly than did our fathers.  With exactness
should we be able to discover the causes of their differences, the results
Prof. Fowler's of which Professor Fowler has most opportunely presented in his recent
Sectional
Controversy. work, Sectional Controversy; and which, swelling in their onward pro.
gress till all barriers have been borne away, have engulfed us in civil
war.
Our history   Nor does the oblivion of antiquity interfere with the application of
short --
principles of International Law to our systems of Government, either in
their beginning or progress.  We are a people of recent origin.  Not a
century has elapsed since we were part and parcel of the State of Great
-recordscomn- Britain, and every important act since the separation has been printed
plete.     and published, and is well authenticated.  And not only so, but when
these Colonies threw off allegiance to the British Crown, they resolved
English expe- never more to have a Monarch over them, but that they would be free
rience —    Peoples, and retain Sovereignty in themselves.  They knew their ances-indefinite- tors had been formerly free, but that gradual encroachments had been
ness of their
constitution. made upon the people, until almost despotic power was claimed by the
king, and the oppressed had to resist and overthrow the usurpations; and
although Malgna Charta and a few other acts had established some important popular rights, the Constitution of Great Britain was too indefinite, so much so that Bentham  and others, with much show of reason,
deny that Britons have a true Constitution.
Safety of writ-    The people of each State being possessed of all authority, of every
ten Constitutions.     prerogative of the Right of Command, to preserve it from the usurpation
of their agents, to whom, of necessity, the exercise must be intrusted,
and to guard against the inconveniences and doubts under which the
motherland labored from the uncertainty of her Constitution, they wisely
resolved to remedy the difficulty, by writing out their Constitutions in
full.  We live in a land of written law, and well know that no party,
Authority not.
written is re- single or collective, has aly right to exercise any power, for which the
Berved.
specific letter of authority is not produced in the Constitution.  All else
is reserved to the Sovereign People.
A time of re-    Believing the time is not far distant when these Peoples will again
flection to
come-      seek "Reason" rather than " Force " to rule them; when they will discover that war can never settle our differences; when a desire will, on
-to study   both sides, be manifested to study into the causes of our variance and
causes-return to  strife; and above all, when, like Christians, we shall be willing to see
Christian    and know our wrong,'and right it.; I have been led to prepare this work
duty.      against the good time coming.  My object, too, is to reach the fountain
This work for
businessmen. Of authority, the suffragans themselves.  Being one of "the plain peo.
ple," and knowing what they need with regard to the science of Govern
ment, I have endeavored to arrange the information for them. Learned
Quotations  lawyers may deem  it unnecessary to make these long quotations from
from old
writers.   musty old writers; but no more space is taken than is requisite to exhibit
the clearness of the principles which have become confused and involved




iztrpductory Compend.                                 45
The scarcity of the old works malkes the extracts necessary; and in such ~ fh Summary
of the Examia mass of wisdom, the difficulty has been to cut short the quotations.  A nation.
reference to the originals will show that quite as good stock is left as is
taken.  Very probably the chief benefit of this publication will prove to
have been the leading to an acquaintance with these most valuable authorities.
~ 7.-SUMMARY OF THE EXAMINATION.
An examination sought to be candid, has led me from being strongly
anti-Jeffersonian, a thorough Henry-Clay Whig-an earnest follower and
personal friend of Webster-to adopt the following opinions:
That though the colonies were prohibited all right of Union, and Colonies had
therefore could not legally combine themselves while under British alle- Union.
giance, they made a quasi Union in sending delegates to a Colonial Con- Colonial Congressgress in 1774, and to another in 1775, which, in accordance with their
authority, made efforts to settle difficulties with the mother Government,
but without avail, and on the 19th of April, 1775, the British began
war, which caused the Congress to exercise the war power for the Colo- -condfuctso
nies, till arrangements were completed to create a proper Confederate lutionCongress; that, in addition to conducting the war, Congress also gave
advice to. the individual Colonies when desired, particularly as to the Colonies.
organization of separate governments independent of Great Britain;
that, in accordance with that advice, some Colonies prior to the Declara- Colonies be-,                                  come States
tion of Independence, others after, organized themselves into States and before and after 4th July.
adopted their Constitutions; that on the 4th day of July, 1776, authority
having been duly obtained from the States, and the other Peoples that
Declaration of
were yet Colonies, Congress passed the ever-memorable Declaration, that Independence.
these individual Peoples had become "free and independent States," not a Not a single,
but thirteen
single State like Great Britain, from which they separated; and, that States.
their character should not be mistaken, they again declare explicitly,
"that, as FREE AND INDEPENDENT STATES, they have full
power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which INDEPENDENT
STATES may of right do;" and being enabled,,by Divine aid and by
Union, to maintain their Declaration, they thenceforth were entitled " to Their rightsassume, among the powers of the earth, the SEPARATE AND EQUAL STATION to which the Laws of N-ature and of Nature's God entitle them;"
and by no means least among the privileges of their new and exalted
station, was that of being governed by "the Laws of Nature and of -toteawa 8
Nature's God," the chief part of which is to be found in the International Code; that the States,. in framing their Governments, were careful -to which
they have adto adhere to the Law  of Nations, and that some- of them, particularly hered.
Massachusetts and New Hampshire, closely followed Pufendorf; that the Union apprewar they were prosecuting taught them  the necessity and benefits of -not closed
Union, although not till 1781 could they agree on the terms, and adopt till fTsl.
their first Federal Constitution, which declared that " each State retains Sovereignty.




46               Our Foederal Union: State Rights and  VProngs..f7. SaEmmary its Sovereignty, freedom, and independence," &c.; that, owing to want
of the Examination.    of knowledge and experience concerning Federal Unions, the first ConstiFirst Consti- tution proved defective; that a convention was called, in 1787, to revise
tution fails.
Convention of the Constitution, when strenuous efforts were made by some to create a
17T —desires
and fears of  "national" instead of Federal Government; that the chief advocates of
consolidation the former, Hamilton and Morris, acknowledged, what was self-evident,
that they had been defeated in their efforts; that great alarm was created, the new Constitution being regarded as consolidating the States,
NewConstitu- and that if it did not, that it tended strongly thitherward; that in the
tion Federal. Conventional debates, and elsewhere, the Constitution was clearly shown
to be Federal; that, to guard against all possibility of consolidation, important amendments were urged at the time of ratification, the chief of
which were adopted; that, according to principles of International Law,
our Central Government is and can be nothing but a pure Federal ReIts improve- public; that comparison with others, particularly the Hebrew  and Grementscian, shows it to be much the best of which we have knowledge, the
-division of chief improvement being the division of the Federal authority, as in
authority —
their State Governments, into independent departments (independent of
-its checks  each  other, not of the separate Sovereignties); that, thus delegating
authority to two sets of agents, and subdividing their Federal and State
Agencies into distinct departments, legislative, executive, and judicial,
and further subdividing the legislature into two branches, they created the
most perfect system of checks and balances ever devised for the preservation of liberty to free Peoples, each of the six departments watching
all the others with jealous care lest powers should be exercised in an
unauthorized manner, or further powers be stolen from the People, and
each of the two systems being thoroughly organized and prepared to
Imperfection resist the usurpations of the other; that, though we have undoubtedly
even in our
Federal Re- the best governmental system ever invented, yet that we live in a world
public of imperfection, from which even our Federal Republic is not exempt;
State divisions that, though this division into States was an indispensable safeguard to
cause difficulty.        liberty, and to the proper administration of Government by a free People, yet the individual Sovereignty, freedom, and independence of
each, which could not be invaded but with the annihilation of the States,
gave occasion for anxiety, and for the exercise of great prudence and
moderation; that, understanding the liability of these greatest moral persons to err, and that, amid the constant intercourse which must exist
Supreme    between States united in a Federal Republic, differences important and
Courtdtadt  strong might be expected to arise, which, unsettled, must end in war, the
ties.      Supreme Court was instituted.  A machinery had been arranged for this
Improvement purpose under the Articles of Confederation; but a considerable imover old Constitution.    provement was made in the new Constitution, by creating an independent'Judiciary, designed to be separated from all political influences, and supplying a tribunal of higher character than had ever been instituted, and
suitable to adjudicate causes between these august parties.  The Sovereign
States could not be coerced to appear, but, under the obligations of right,




Introductory Compend.                                   47
and in fulfilment of their solemn compact, they were bound to appear ~ 7. Summary
when summoned; and though the Court had no authority to enforce its nation.'
decree, each State was obliged by highest honor and good faith to sub- States ohligated by lnterrnamit.  "The Laws of Nature and of Nature's GOD," which entitled them tional Law
to their " separate and equal station " among nations, required this, and
supplied the chief rules for their Government, and for the decision of dis- No right of coercion of a
puted points; and at the same time, the Infinite Author of these laws, State, delenot having seen fit to delegate to any human agency the infliction of pun- gated
ishment for their breach, and no such agency having been created by
mortals, or even attempted, GoD only has the legal right to punish these
greatest moral persons, whatever may be their offence.
The investigation further shows, that no difficulty has arisen between court competent to adjudi.
these States, that probably none could occur, beyond the province of the cate every
Supreme Court of the United States, fairly and satisfactorily to investi-question.
gate and decide.  An agent of the Virginia Sovereignty, its legislature,
believed correctly that the Federal Agency had exceeded its power in 1798, Va., in 17s5in enacting the Sedition Law, though in error, as I think will be shown,
as to the Alien Law.; but instead of properly bringing the case into
Court, and having the wrong righted, as the Constitution had provided, -her wrongs.
that Agency threatened the secession of her Sovereignty from the Union.
So, too, during the last war with Great Britain, the Agencies of Massa- Mass., wrong
chusetts and other northern Sovereignties, instead of applying to the in 1l14.
Court for the redress of their grievances, as they had solemnly agreed,
threatened to break away from the Federal Compact.  And in 1833, the s. Carolina,
Sovereignty of South Carolina itself, not by its agent, but in solemn convention of delegates assembled for the express purpose, instead of applying to the Courts, as she had agreed, for the remedy of unconstitutional
acts, attempted to violate its sacred compact, and annul a law of the Union,
which by explicit agreement was to be to her " the supreme law of the
land," and which therefore she had no right to annul while she continued to
be a part of " the land " of the United States. Several State Agencies, Other wrongs
by Northern
too, in the North, in violation of honor and good faith, have endeavored agencies.
to nullify the law of the Federal Congress, passed in pursuance of a
necessary and proper provision of the Constitution, for the rendition of
fugitive slaves.  To take cognizance of precisely such acts as these, was Neglect to use
courts in these
the chief occasion of creating the Supreme Court, and yet not the first cases.
one of them has been directly presented. Even for South Carolina, after
she seceded and became an independent State; for all the other States Seceded States
that in due form separated themselves; for even the Southern Confeder- should have
acy immediately upon its becoming a power in the earth, was the Su- courtspreme Court of the United States a proper and authorized tribunal, to
take cognizance of the questions at issue, and prevent a resort to arms. —not arms.
And no respectable person in the South will affirm, that even after the
withdrawal of the Southern judges, the remainder would not have ren- Justice sure.
dered a fair and honorable decision. Surely, should the South have tried
this means before wielding the war power, and had she seen fit to resort




48                   Our Federal Union:  State Rights and  Wrongs.
~ T. Sumnmary to the Court instead of the sword, she would have taught the  North  a
of the Examination,      valuable lesson, and had the honor of a proud and peaceful triumph.
Importance of     But such a Court, to have the confidence of all parties and all sections,
having such a
tribunal inde- must be put beyond the reach of a partisan Senate and President to dispendent.
turb.  Leaders of the party in power, threatened that the Judiciary should
be remodelled to their will; and while the South have themselves to
blame for withdrawing their votes, giving their adversaries an opportunity to accomplish their purposes, it must also be remembered, that such
Threats to.   had been the progress. of anti-slavery sentiment in the North, that the
change it.    South knew  not where it was to stop; and the threatening and apparent
danger of the overthrow of this bulwark of their rights, is one of the
Moderation in strongest palliations of the South in rupturing  our Union.  At the same
presen       time, it is pleasant to point the South to the moderation of the Administration in availing themselves of the present opportunity to perform  their
threats, exhibiting  a solitary, indeed, yet striking instance, in this Administration, of the tendency  to  conservatism  of even  strong partisans,
where responsibility is incurred, and great interests are at hazard.
webster con-      The investigation  also  shows that, notwithstanding  Mr. Webster's
cerning compact.        eloquent argument to the contrary, no means exist, none can possibly be
devised, to bind a sovereign  State, except a compact or league; that the
state Sover- very object of creating a State with Sovereignty, is to have a power that
should be unaccountable to all else than Deity, and whose right and duty
it is to seek out and promote the highest good of its subjects, properly
regarding the rights of others; that therefore a State has no right to
make a compact adverse to the interests of its People, and one so made
night of re-  is void in its nature; that if a State should misjudge as to its interests in
voking cornpact.        forming a compact, both right and  duty require it to reconsider and revoke;  and  it is to  be its own  independent judge, and none but the
Almighty Sovereign may question its acts.'
Obligations of    But it also becomes manifest, that a State is bound by its compact,
a compact.
notwithstanding no superior authority is or can be created  over a Sovereignty to call it to account.
Not only is a State bound by its compact, but all the more bound
oecause reliance is so largely upon its honor and faith.  Cast away this
sheet-anchor, and these ships of State, with all others, are indeed  adrift
These States    1 Upon this principle, and this only, were the eleven States justifiable in breaking away from
rightfully se- the first Constitution, notwithstanding it was positively declared perpetual, "in order to form a
ceded in 1788, more perfect Union" under the new Constitution, leaving two Confederates, North Carolina and
1789.         Rhode Island, to shift for themselves. The number engaged in an act affects not the qualities of
its ethics, and what the eleven could do conjointly, each Sovereignty had a right to do individ
ually.
Calhoun on      2 I am aware of Mr. Calhoun's powerful argument that each Sovereignty must be allowed to
Secession and judge for itself of means and measures affecting it. So it must unquestionably, from its very
Nullificatlon. nature, but only as a last resort, and probably bringing war with it. The right of Secession is,
indeed, and can be nothing more nor less than the right of Revolution. But his view blends Secession and Nullification together as one and the same right, in violation of the whole principle of
compact, the binding obligation of which he admits, notwithstanding. A State may secede from
a Federal Union, and has no right nor power to bind itself not to do so, if necessary; but it has no
right nor power to set up its single opinion against a law enacted by the joint Sovereignties, which
she has agreed "shall be the supreme law of the land." She may secede, but she cannot nullify,
This will be discussed in its place, and space need not be here taken.




Introductory Comnpend.                                49
upon a dark ocean of doubts and perils. This truth, or we misjudge alto-  thS Summary
gether, is the basis, the very foundation of the modern Law of Nations. nation.
The South cannot affirrm that the compact had been violated by the The compact
notviolated by
North. Fortunately for us, in the midst of all our confusion of govern- the North.
mental principles, we have steered clear of that wrong.  The agents of Wrongs were
done by their
some of these Sovereignties, both legislative and executive, and possibly agentsjudicial also, have done wrong; but no more than was expected in forming the Federal Compact, perhaps not as much, and the Supreme Court
was organized designedly to correct these wrongs.  When has one of
these States refused to obey the mandate of an aggrieved sister, and
-appear before the Federal Court to render an account of itself, and, if
wrong, to rectify it?  More should not be expected of these than of
other earthly Sovereigns. A Sovereignty is of course responsible for the
acts of its agents, and if a wrong be done, the aggrieved Sovereign, if
actuated by proper and Christian motives, applies in a reasonable way to -to be corthe Sovereign by whose agency the wrong has been done, that it may be er manner.
acknowledged and redressed.  One who would do differently, and at once
resort to " force " and war, larrington says has "more of the image of
the Beast" than "of the image of GOD."  And we have provided a
clear and plain way for redressing all the wrongs of these Confederate
States, through the Federal Court.
Much less still is the Federal Government to be held responsible for Federal Gove
-          ernment not
any of the acts of these States, or of their agents, no matter what they responsible for
State wrongs..
be, except in the guaranty to the States of a Republican form of Govern.
ment. The restricted powers of the United States Agency, none have
so well comprehended as they of the school of South Carolina.  Solely
by means of its Court, and that merely by its bare decision, without
power of enforcing its decree, can it interfere in any shape or manner
between the Sovereignties.  It is true, as we shall learn from Pufendorf,
that these Sovereign Parties to the compact of the Constitution, having
themselves strictly fulfilled its terms, have a natural right to enforce ful.
filment, if they can, from delinquents; but that is one of the most important rights, which, not being delegated to the direction of the Federal
Agency, is reserved to the Sovereignties themselves.  The right of coercion has not been delegated, but the right of defence has been delegated.
Neither can a single act of the Federal Agency be named, which has Federal Gov:..
ernment has
been deemed oppressive or unjust to any section, which has not been done no wrong,
not reparable
remedied upon proper, and even improper application.  Whatever mis- underthe Corn.
takes the Federal Government has made, none have been. beyondl the
province of the Federal Court to correct, and never has there been a
refusal to hear an application or determine a cause; never has a decision
of that Court been regarded violative of the Law' of Nations or of the
Constitutional Compact, though undoubtedly, in our confusion of prin.
ciples, even that august tribunal has comamitted- errors.  There has No justifylng
cause for preas
therefore been no breach to justify the South in. its present Secession. entSecession.
4




50                Our EFederal Union: State iRight8 and  WTYongs.. S7theuxtnmy As Webster affirmed, " a compact broken on one side, is broken on all
nation.    sides;." and if the South can show a fracture anywhere, she is justifiable
in its repudiation.  And until she can show such a violation, she stands
before the world, the first to break the sacred compact of the Constitution, though no doubt unwittingly, supposing it to have been already and
repeatedly broken by the North.
The South too    But the investigation will'show further, that not only have the South
precipitate in
war.       unnecessarily and wrongfully seceded from the Union; have not only
begun an unjust, offensive war, but were most unreasonably precipitate
in their attack. This important question will be considered; and here
Federal Go-we only remark, that the South have ever and rightfully contended, that
ernment had the Federal authority was one of strictly limited powers.  They believed
no authority
to act upon Se- that no authority had been delegated by the Constitution to authorize the
cession.   President and Congress to treat with seceded States, and divide with them
The South  the joint property; for while the Confederate States adopted in the main
knew this.
the Constitution of the United States, they made a few important additions, one of which was in these words:
Consequent    "The Government hereby instituted shall take immediate steps for the settlement
addition to the of all matters between the States forming it, and their late confederates of the United
Constitution. States, in relation to the public property and public debt at the time, of their withdrawal from them, these States hereby declaring it to be their wish and earnest desire
to adjust everything pertaining to the common property, common liabilities, and common obligations of that Union, upon principles of right, justice, equity, and good
faith."
lew powers'If the Confederate Government must be authorized to divide and
requiredequally'by the Fed- receive, surely it was equally necessary for the United Government to
onfederates. have authority to divide and surrender.  Secession involves many complicated questions. Take the Louisiana purchase, for instance. Not only
is its cost to be apportioned, but other and far more important points are
to be regarded.  It was bought, not merely to add more States to the
Union, but to give to existing States and new ones to be added, to
which have been granted equal rights with the old in all the benefits and
properties of the Union, additional conveniences and advantages, as the
navigation of the Mississippi, free markets, &c. These and various other
complications were to be arranged, and no power for that purpose, it was
The South  believed, had been constituted by these States united.  The original authorities must be resorted to; else, why did the South, who, so much
better than we, understand the nature of Federalism, make the addition
to their Constitution above quoted?
Ignorance of  It is true, our Administration has never availed itself of this plea,
this in the 
North.     and probably would deny its validity; for the President and Congress
evidently conceive, that what one of them cannot do, the other can; and
though they have not yet decided which is supreme, yet they act upon
the full assurance that Sovereignty is in some of them, somehow or other.
The South   But the South knew better, and, to take the best view possible, it was
ek unfair                   advantage of Northern  gnorane
vantage...   seeking an unfair advantage of Northern ignorance, to. ask Congress, or




Introductory Compend.                                 51
the President, to act without, authority.  And if our Administration, in ~f7t. ummar7
their misconception of governmental principles, would not have hesitated nation.
for lack of authority to comply -with Southern demands, other causes
indisposed them.  The same ignorance led the'North, almost to a man,
to deny the right of Secession; and the President, in his inaugural, took
that view of the subject.  So that not only was the Government powerless, but, from errors and misconceptions, was indisposed to any action in
the premises.
Sucnh was our situation.  The North was altogether wrong in denying the abstract right of Secession; but as we shall see, some of the most
eminent of Southern statesmen have aided to mielead us. In the most
critical period of our history, owing to unfortunate divisions of the Democracy, for which the South is largely accountable, a partisan Administration comes into power, more deeply imbued with prevalent errors as
to the nature of our Union, than any preceding one. Prudence and mod- The South uneration in the highest degree are required; yet because the Federal Gov- wiselyprecipiernment would not at once change its fundamental views of our Union,
and of the nature of the Federal Compact, which had become firmly
rooted in the progress of more than half a century, and that, too, by the
aid of some of -the most eminent statesmen of the South as well as of
the North; because we of the North would not at once change our opinions at the bidding of the South; and further, because President Lincoln
would not usurp powers the South well knew he did not possess; in only
five weeks from the advent of the new Administration, the South begin the
war. It is not to be forgotten, that the South had excessive provocation
in tlhe infamous deception as to supplying Forts Sumter and Pickens, and
in the defeat of the peace measures, to say nothing of previous wrongs,
which are greater even than the South have known, and all these points
will be impartially presented with accompanying documents; yet after
all, the South cannot but see their great wrong in beginning this war.
In all probability, if the South had not taken the offensive, the North Had the South
been less prewould soon have done so, owing to the utter misconception of the- rights ciitate, the
and powers of the Federal Agency.  Had the South exercised a little hae thakeitbhe
prudence and discretion, and the attack been made by the Federal Gov. offeive.
ernment, she would have been in a just and defensive war, and might
without' doubt have had aid from European nations to accomplish our
division.  But we have to deal with facts, with; things as they are, The Sollth
tiot as fhey might have' been; and opportunely comes even now, as In ofntihe
write this part of my paper, Lord Russell's manifesto of the 28th July,7
in which he observes: " From the moment that intelligence first -reached
this country that nine States and several millions of inhabitants of the Lord RusBELL'S optnior~
great American Union had seceded, and: had made war on the Govern- 28th July, 
1562
ment of President Lincoln, down to the present. time,; her Majesty's Governmient iave pursued a frierndly, ope~n, and consistent- course.  They
have been neutral between the two parties to a civil war."
Thus incidentally but directly is the important truth recognized and




Our Foederal Union:  State Rights and  Wrongs.
Shummary proclaimed, that the South " had made war on the Government of President
natiol.    Lincoln; " and in that one fact, in these few words, is a sufficient reason
whly England, with all the desire of her nobility to see this Union torn
The South in asunder, dares not take part against the North.  The South has made the
aaunjlzstwar. war; it was without the right and the necessity the Law  of Nations
enjoins, and therefore is unjust; and neither Britain, nor any other
Te ~otarh in nation, dares engage against the United States in this struggle, one of
a jYust war.    a
the most just, defensive wars which a people was ever called to wage.
Present corn-    Another point developed is this: Though the Southern States had no
pact. broken —
right to secede as they did, and violated their compact in doing so, yet
ew oe  the wrong is done, and is without remedy except by subjugation, or by a
be made.    renewal of the league.'  In a proper form, by conventions of delegates
elected by the Sovereignties for the purpose, did most or all of the Southern States secede, and resume the powers delegated to the United States.
These Sovereign Powers each seceded State had unrestricted right to exercise individually; and when a part of them were again delegated to the
Agency of the Confederate States, that new body politic became responsible to their Peoples collectively and individually for their acts.  It is a
The Southern properly constituted power in the earth de Jfacto, though not de jure, has
duly consti- been so acknowledged by us in the exchange of captives, and foreign
tutod.     nations are at liberty to recognize it as such, when they please.
The da smagefs  Whatever obligations have been incurred, are quite as legal and bindand costs of
war to be   ing on the Confederate States as upon the United States; and every dolpaidlar's worth of property destroyed, every slave absconded or stolen, all
injuiries and losses of every description, consequent on the action of Federal, Confederate, or State authority, has by some one of these authorities
to be paid for, or injustice and wrong is done individuals, to guard against
which civil society is instituted. The dignity and worth of popular institutions, I trust, are too truly appreciated in this land of liberty, to ac-or we ac-  knowledge that civil society is here a failure; and if not, the individual
ae insftu-  damages occasioned by all the civil authorities, are to be fairly estimated
tips a failure. and paid.  It was no slight encouragement to the prosecution of these
investigations, to see it stated that Mr. Seward had informed Lord Lyons,
that there would be a settlement of damages at the end of this war, such
as was never before witnessed.  Eminently desirable is this, as affording
the best of evidence of the superior excellence of popular Government.
And though the debt should reach five or six thousand millions, as it
probably will, the money will have been well expended, and even the
blood of our beloved friends on both sides well shed, if these immense
sacrifices were necessary to save us from consolidation, to which we were
blindly rushing.
Webster con-   1 Mr. Webster's declaration as to a compact broken, is solidly based upon the Law of. Nations.
cering a bro- We had to sever the Union when we last revolutionized the Government, because North Carolina
ken compact. and Rhode Island refused immediate ratification of the new Constitution. It remains to be seen
whether the same desire of Union, the same spirit of accommodation, the same willingness to compromise our differences, will operate now as in 1787-391. Then, indeed, the compact was rightfully
broken, now wrongfully; yet still, alas! it is broken.




Introductory  Compend.                                    S3
The investigation also shows that, while the South is altogether  ThS. Summar
wrong in beginning the war, they have had great provocation in our iln- nation.
proper interference with slavery, and in the denial of their equal rights Wrongsbythe
in the common territory, all originating in deserting the Federal principle; and that they were led into the war by misunderstanding the designs
and purposes of the North, which misapprehension, instead of being corrected, has been strengthened by errors in the Administration.
Though the North was engaged, from the beginning, in a just and ETror. ofadefensive war, which the whole world saw must be one of the most important and terrific of all time, we had not the sense to perceive its exist- Wrong ideas
of the war.
ence, and for many months denied it, affirming it to be only a little
"rebellion," that we would " squelch out in sixty days;" and since it
began, there has been no time when within ninety days this "' rebellion"
Prisoners
was not to be ended.  The naval officers and sailors were a"pirates;" were irates
the civil and military officials, acting under oaths as sacred to their States and traito&
and Confederacy as those to our own, were " traitors," and by summary
justice and a short shrift, was this happy land soon to be freed from such
ignominious wretches. We have at length discovered that we are really
at war, and although we still exhibit the ignorance and the bad taste of
calling them  "rebels," we treat the Confederates as our equals in all
respects, as they are; and the fact is so'apparent from examining Inter.
national Law, that on our part we are engaged in a just, solemn, and
defensive war, that it is even questionable whether to apply the term
civil be allowable.
President Lincoln, too, one of the most honest, straightforward pa- The President's usurpa
triots ever in the Executive chair, in his inexperience and bewilderment, tiors.
jostled and pushed hither and thither by his fanatical partisans and
greedy spoil-hunters, has usurped some of the most important powers,
which a prudent and jealous care of liberty would not intrust to the
Executive, and therefore delegated to Congress. This action has afforded
the strongest possible testimony to the allegations, that we were what we
claimed to be, a consolidated " nation," which President Davis used with Their effct in
skill and effect to perfectly unite the South. It is not too much to declare, the South.
that the proclamations of blockade of ports, increasing the army and
navy, and the suspension of the writ of habeas coptus, the illegal arrests,
and interference with the press, are the most infamous, outrageous usurpations of modern days; and the President, when he shall have time to The President
will correct his
study into governmental principles, will himself acknowledge them to be errors.
such, and lend his best efforts to guard these Peoples against the dangerous precedents he has unwittingly set.
Then comes the ridiculous ignoring of States and their boundaries, Wrong actsof
with attempts to divide them, as in Virginia; the injudicious, unauthor- Ciingeir-d
ized act of Congress, taking advantage of our calamitous condition, to iniapass the Emancipation Law in the District of Columbia; the inoperative -emancipaconfiscation law, acts and proclamations of freedom  to slaves, and I -confiscation
hardly know what wrong, in our ignorance, has not been attempted, even lav.




4                 OuzOr Faederal Union: State Rights and Wrongs.
~ T. Summary to the exonerating of one department fromits Constitutional liabilities for
oe the Eai
nation.     wrongs and usurpations, by another coordinate department of this mere
Federal Agency.
both North      As usual, the investigation proves both parties to have been in fault.
and South.   Each side will enjoy looking into the errors of the other, but let them
They are pl- examine their own also, and be considering their correction.   Fortupable.      nately, they stand out with distinctness.  Only when error is doubtful,
ill-defined, obscure, is remedy difficult.   Fortunately, too, the mutual
Mutual atone- wrongs stand in such relations, that each party call with honor and highmrSnt honorable.       est dignity make its atonement.  The North must and will see and acThe'North   knowledge its wrong, and declare the truth, that we have misunderstood
must correct
itserrors as to the nature and principles of our Union, and the powers of the Federal
Agency, and that we will have none other than a pure Federal Republic.
It is due to truth and justice, in order. that the world may kl<ow the
excellence of our institutions, and the reasons of our prosperity, that we
-which al-  speedily. and forcibly explain the character of our Government.  That
lows the South
to stop its war. done, the occasion for the initiation of the war by the South is removed;
and how long will she wish to prosecute it, when with honor she can propose a truce? How long before she will desire a convention to recon.
struct the Union on the basis of our. fathers, that of a pure Federal Republic, the desertion of the principles of which, caused her to fight?
Long estab-     The reader in the North and in the South will please beat in mind,
lished lavws.
that we are dealing with legal principles long established; with facts as
they exist, not as we might wish, or as they might have been.  One may
consider a Federal Republic,- with its inseparable State Sovereignty, a
very loose, disjointed system; but its expediency or inexpediency, is not
iswhether our the first point.  Is our Government Federal or consolidated? is the dissystem is Federal, not   puted question.  If.:wrong as to the form  actually existing, let us have
whether it is
desirable.    the manliness to acknowledge:it; what is desirable, is quite another question; though the more it is-investigated, the more satisfied shall we be
with the wisdom of the fathers in framing this Federal Republic.
South to learn    And the South, too, will observe, that the principles:of pact and faith
about pact and
faith, and the are no new fangled teachings in order to entrap them; nor have we in:
necessities of
war.        the North declared the rights and' necessities of war to meet the present
juncture.  Of old were the rules laid down and well defined; and applying them  to the facts, as we shall endeavor to do in Part IV, is the
South herself to judge whether she was right in breaking her sacred
compact; whether or not she is in a just and solemn war.'
This war: its    We are indeed in war.  Other modern warfare was but a bagatelle
extentto this of which we are victims.  Even war is waged by us on the true
American scale of grandeur.  Befitting is it that this land of large lakes,
large mountains, large rivers, large prairies, with their powerful influence
Southern      1 All the documents that come to hand are preserved for use, and I have been so fortunate as
documents  to obtain a copy of Mr. Pollard's Southern History of the War. It shall be my endeavor to exwanted.     amine with candor and fairness every point connected with the present Secession and War, and it
will be a favor if friends and others in the South will aid me with documents. I want particularly
the legislative act of South Carolina, convening the delegates in Decemoer, 1860.




Introductory Compend                                   55
to expand the mind and the heart of man; very natural is it that these ~f7. Summary
American Peoples, fighting on both sides,'as we have seen, for the main- nation.
tenance of our precious rights, our heaven-ordained institutions, should
wage wa-, even civil waur, on a scale commensurate with the sway of
nature in which we live. We have demonstrated to the world, that, -not ithout
though a nation most inclined to peace, we can and will fight if we deem
it necessary; that we are a nation of soldiers.  No doubt this war, with
all its horrors, is to bring us important benefits; but ere long we shall -nor to last
always.
begin to think-we have taken enough of these benefits, and be casting
about for means of restoring peace.- When that period arrives, which I
fear is not yet, and may be two years distant, we need to be prepared for
prompt and resolute action. No doubt many plans will be proposed,
and I -beg to offer my fellow-citizens of the North my humble opinion
upon the query-how to end this war.
~ 8.-CONSIDERATIONS FOR THE NORTH - HOW  TO END THIS WAR.
The North can never with honor make to the South propositions The North
cannot proof.peace.  Instead of resorting to the Federal Court, the arbiter pro- posepeacevided with wonderful skill and wisdom to adjudicate difficulties that might
arise between these Sovereignties, those affecting State rights as well as.every other, the South have chosen the sword and the cannon. These
must the North use till the South tender other means.'Were disparity in number and power greater between the two see- -not strong
tions, we might propose means of adjudication; but the North being enough.
only about three to one of the Southern whites, and only two to one
including the blacks (which are worth more to the South in this struggle
than any four millions of laboring population in the North), we should
simply expose ourselves to ridicule for assuming magnanimity to avoid a
contest with a lesser but naore plucky antagonist. We must fight on and
on,; and never speak of peace till the South say the word.
Neither can it be ended by foreign intervention.  The Confederate Foreign intervention im-,
States may be acknowledged a power in the earth, and probably soon possible.
will be, but that in no way changes the nature of the war, or affects its
prosecution. That the South began this war, is a well-attested fact, incidentally admitted by Lord Russell, which. admission has not received the see page 51.
attention it merits.  Because the South " had made war on the Government of Abraham Lincoln," is the sole reason why [in the language of
Lord Russell], " down to the present time, her Majesty's Government have
pursued a friendly, open, and consistent course.  They have been neutral between the two parties to a civil war,"  It has been seen by that Britain not to
power, that the South had not the "necessity" required by the Law of interferoNations to justify her in beginning war, and consequently, being engaged
in an ""unjust, offensive war," no Christian nation dares so violate, out-notwithrage the International Code, as to take part openly against the North. standing the
hostilitv of the
The Queen is friendly, and probably the mass of the British people, but aristiracy.




56               OOur Foederal Union: State Rights and Wrongs.
~8.r To  to the aristocracy, who have never ceased their efforts to disunite us since
end this war. Colonial days, are having their plans again thwarted; the South, with
its natural impulse and unnecessary haste, having begun an unjust war.
Ead the North   In our ignorance of governmental principles, the Federal Administrataken the offensive, Eu- tion would probably soon have commenced hostilities, reversing the
rope might
have inter-  character of the war, and giving the South the side of justice and defence. A happy day might that have been regarded by England's aristocracy, in which the sun of liberty would have been partially obscured
by the dark and portentous clouds of disunion in.America. But Providence seems to have directed, that we are now only to suffer the horrors
of civil war, and by them are to be saved from the far greater evils both
of disunion and of consolidation.  Did England dare to interfere, the
result of this contest might be doubtful; but judging from the course of
events, it would appear we have only to fight, until, on one or both sides,
we are satisfied with the use of force, and return to reason; believing the
GoD of nations will prevent this grand experiment in free Government
from being jeopardized either by permanent disunion or consolidation.
The Law of Nations makes the right and duty of neutrals very clear,
Why England and even England, with all her aristocratic malevolence and pretentious
cannot.
animosity to slavery, dares not transgress and take active part against
France not to the North. Neither is it probable that Louis Napoleon will interfere.
interfere.
That sagacious monarch knows full well the obligations we are under to
the house of Bourbon, for the timely support in money, as well as in
war, which Louis XVI rendered us in our Revolutionary struggle.  He
would not see it for his interest to have the power of the North to join
with the Bourbon prince for his overthrow; and let him take a hand in
the game of Revolution here, and he will find two can play it at the
same time.
Foreign inter-   The North neither seeks nor wants aid in its just defence.  Foreign
vention by
force improb- intervention by force, is therefore probably not to occur.
able.
Peacefulinter-   Neither is foreign intervention by reason and argument of much more
vention unavailable, either avail. What use for the nation most friendly to the South, to urge them
onuthe   to stop the war and take steps to reunite with a Government, which they
have come firmly to believe is established upon a false and dangerous
basis, that of a consolidated instead of Federal Union? One might as
well whistle down a hurricane, as attempt to stop the South in its frenzied course, until they are taught by the North itself that they are wholly
mistaken as to Northern wishes and purposes.
-or upon the    And of what avail were it for any friendly nation to advise the North
to make propositions of peace, coupled with disunion?  Will the West
ever listen to such mawkish sentiment? Never, never. With the great
Northwest, the power on this continent, peace and reunion are inseparable.  The waters of the Mississippi, from their source to the Gulf, must.ever be free to the States along their banks.
Isthe Southto   Is peace to come by the destruction of the aggressor?  There may still
ted i'e a few in the Morth who believe this; but those who once thought that




Introductory Compend.                                 57
half or two thirds of the whites would be required at home to'keep down ~t8. Toh  to
the negroes, are beginning to open their eyes to the truth, that the slaves end this war.
are a main support in this war.  Neither can we reach that support to Can sl:avery
tear much of it away.  We have overrun most of the South that we help us?
can approach very conveniently, and out of four millions have taken a
few hundred thousand, that are costing an immense sum to support; and
of what use are they?  What is to become of them?  If in two years,
and in the most favorable section of the South to effect emancipation, this
is all we can accomplish, how idle to.rely upon it as a means of subjugation I The Administration has done all it could in this way, even to
the issuing proclamations of freedom, and by ample time and effort has
the President's prediction been proved correct, that such proclamations
would be as inoperative-as the Pope's bull against the comet.
As for making soldiers of the negro, it cannot be done with any ad- Are negroes to
be made solvantage.  Few, in the first place, can be gotten; and the thousands, hun- diers?
dreds of thousands, of patriots that have volunteered to save their Government, instituted for white men, will nearly all throw down their arms,
if they must fight alongside negroes to sustain the star-spangled banner.
Argument upon the point is fruitless; it is a sentiment inbred in the
Caucasian race, developing equally among Eastern troops as in the
Western.
Few, very few, are the inhuman miscreants who would involve the Isaservilewa
-I~~~~~~~~~~~~~~~'                            ~~~~desired?
South in a servile war. Such an event is hardly to be reckoned among
possibilities, not at all among probabilities; yet it is well to remember
we are engaged in a righteous, defensive war, and are about two to one
against our aggressors, counting in their negroes, as we should. If we
A.mericans, and the whole civilized world, could cry shame to Britain for
inciting the merciless savage of the forest to wage war against us, far
more would the North be disgraced, by the diabolical act of stimulating
the slaves to insurrection and bloodshed.
If we may not incite the negro to revolt and carnage; and we can- The negro of
little avail.
not if -we would, and.would not if we could; if iwe cannot use him as a
soldier without losing more in white men; bow in the name of reason is
he to be made serviceable in our defence?  A few could be used advan-, tageously as laborers in camps while the war lasts, -but what is to become
of them afterward?  They will prove an immensely expensive aid.
As to subjugating and destroying the South, either with or without subjugating
negro aid, few, I apprehend, really expect this.  The latter, it will be the South mim
admitted, will be necessary to the former; and being only three to one
without their blacks, and two to one with, the task would be very difficult. The South altogether misconceive the character of the war they
have begun, and believe they are fighting for their own liberty, for the
safety of their own homes and families.  Every man, woman, and child
over ten years old, is engaged heart and soul in this struggle. Suppose
we are numerically two or three to their one —though our two or three
can never be brought to engage in this fight as do the South; is that




58              Our Fcederal- Union: State -Rights and TWrongs.
t. To tho sufficient to insure their conquest and subjugation?  They are Americans
orth: how to                                      ao        Te       A rn
end this war. with whom we are fighting, bone of our bone, flesh of our flesh. Reverse the case.  Suppose one third, or even one fourth; yes, even one
tenth of any part of the  North were at war with the other nine tenths;
could the little fraction be subjugated?  Never; they might be annihilated, but subjugated, never;. and never could two thirds or three fourths
destroy or subjugate the other portion. So it is with the South. They
-have grown stronger month by month since the war commenced, and are
better able to-day to prosecute it, than when they attacked Stmter; the
wearing out of their railroads probably excepted. We are making slow
progress for a war of conquest; and for the subjection of " rebels."
We are not in    But fortunately for the credit of the North, we are not engaged in a
a war ofsubjugation, but of war of subjugation.  We are only defending:our Government.  The
South, totally regardless of the wisdom of the fathers in creating a Federal tribunal of higher dignity than any before known, worthy to adjudicate differences even between sovereign States, and its special object
-being to protect their rights; the South, more clamorous than all the
Union for State rights, the importance of which they by no means overestimate; the South, I say, regardless of all its duties, obligations, and
interests, violating unnecessarily, but not causelessly, the sacred compact
of the Constitution, instead of resorting to the Court in which, with right
unquestionably on their side, they would by reason and argument have
worsted the North, have chosen the battle field to decide the question.
Instead of bringing a suit in the. Supreme Court of the United States for
the possession of Fort Sumter, to which South Carolina was still entitled,
notwithstanding her Secession, and which even the Southern Confederacy
could have instituted after its organization, and which would have developed all our errors, and given a grand triumph to the South; both South
Carolina and the C6nfederate States have deliberately chosen to seize
that fort, and hold it by force of arms. We must oppose force to force,
so long as the South choose that means'of arbitrament; and should have
never a word to say of aught else than force, till the South itself proposes another means.
Can the South    Can the South, then, end this war?  If the North can take no step
toward peace; if foreign intervention be not available; if the South cannot be subjugated; it becomes a momentous question how the South can
bring this war to an end. Though they are the aggressors, few of them
expect to conquer us; and how can the South be brought to stop the war
they have begun?
The South led    Though the South was -wrong in its secession, still more wrong in
to war by our
deserting Fed- beginning an unjust, offensive war, they had much excuse in the deser.
oralism —
etion of the Federal principle upon which our Government was established.
The North have affirmed that we are consolidated; the South that we
are a Federal Republic. Since the advent of the Republican party to
power, the Government has been administered more than ever, both by the
President and Congress, on the consolidated basis.  Neither does the war




Introductory Compend.                                    59
justify usurpations of power and departures from the Constitution.  That _,r Tow thce
instrument will be found, upon examination, to be perfectly adequate to end this war.
the best conduct of our Government, in even this critical emergency.
So long as the spirit of consolidation continues, so long must the South.continue their war, for they understand (or will) that it is of no use to talk
of-peace except with reunion.  The South can never with honor consider
the question of reunion except upon the Federal basis. So that it comes
to this point. When the North can see its error as to our form of Gov- — an cease it
on our return
-ernment, and is willing to acknowledge it, the South. can with honor end to Federalism.
the war, and propose terms of reunion on the Federal basis of our fathers.  Till then the war goes on, increasing in wretchedness and horror
day by day. And the alternative being war or consolidation, which must
bring Monarchy, I hope with all my heart the South will adhere to its
course, though the war should last fifty years.
The South- is right on the Federal question, though wrong on other The South
right as to,
equally important points; and were it prepared to-day to reconstruct the Federalism.
Union upon the very same basis of our fathers, the large majority of the
North would reject the proposition.  Our systems, State and Federal,
have worked so harmoniously and perfectly, that we have scarcely been
aware that we had a Government, and have been so engrossed in the
various pursuits of life' enjoyed under its beneficent sway, as to be
careless'and indifferent to the supervising care, except as we could use
it for selfish aggrandizement.   We have become ignorant of the first
principles of our Government.
Prospering as no other Peoples ever did, and, as we have correctly How the
North were led
conceived, because of Union, we had naturally come to regard disunion into errors as
as our greatest evil; and ignorant of the objects, principles, advantages, toFederalism.
and necessities of a Federal Union, the great mass of the North believe
we are consolidated; that the words, "We, the people of the United
States," in the preamble of the Constitution, mean consolidation, and
nothing less.  This'unfortunate omission to use the word Peoples instead
of people, when the plural was intended, as we shall see, has led to great
mistakes and wrongs.  And although the North is by no means responsible altogether for this misconception, it has caused grave errors, which
should be understood and corrected.
We have eminent authority, Madison and others, for the belief that Madison's er.
ror that we
we are " partly Federal and partly national." To the extent that we are were partly
"national" as contradistinguished to Federal, are we consolidated; but if
any one point in this work is successfully established, it is, that to be
" partly Federal and partly national " is absolutely impossible. States cannot be partly consolidated, and partly not consolidated; partly with Sovereignty, the Right of Command, partly without it.  The Right of Command, pertaining to any one State or domain, whether in earth or heaven,
is in its nature indivisible, however much its exercise may be distributed
to subordinate agents. Incidentally this idea of Madison's is noticed in
this first Volume, in connection with extracts from Pufendorf; but in Part




60               Our Fewderal Union: State Rights and Wrongs.
9. To theio  II of this work, upon The Constitution, it is analyzed with considerable
North: Union
anl slave re- care and, Itrust successfully.
sponsibility.       t
~ 9.-To THE NORTH: FEDERAL UNION AND SLAVE RESPONSIBILITY.
Madison's     The idea just alluded to, that we were " partly national," as well as
error misleads
the North.   "partly Federal," appears to have been the chief cause of our errors and
strifes, particularly concerning slavery and its concomitant, the Territories. When beginning this examination, over two years since, no language was adequate to express my detestation of the Abolition fanatics,
who, seeming recreant to obligation and duty, instigated by malevolence,
sought by any and all means to overthrow slavery, though it buried this
temple of freedom in the ruins. No doubt some few have labored, and
do still, sincerely and earnestly for this object; and if our Union is to be
restored, our institutions preserved, it must be in spite of them. But
most of even strong Republicans, as they style themselves, are very dif.
ferently actuated.  Taught by influential statesmen that we were "partly
national," as the fathers of the Constitution have passed away, most of
whom comprehended and practised the idea that we were Federal, though
a little bewildered as to the theory of "nationality;" the sons, dreading
disunion as the chief of evils, have come more and more to believe that
we were chiefly "national," and a very large part of the North think we
If "partly na- are so altogether. The North are eminently a practical people, and have
tional," "-partly" responsi- correctly reasoned, that if we were " partly national," to that extent were
ble for slavery.
they responsible for what was deemed the sin of slavery in this "nation"
of the United States; and that at least in the District of Columbia, and
in the Territories, the common property of this "nation," the evil should
not be tolerated. Right or wrong as to slavery, such have been the
prevalent sentiments; and being to a good degree conscientious and
religious, our people will act out their principles. The South itself, which
has even more religious sentiment than the North, would not wish it
otherwise.  And were we made "partly" a State oa nation by Federal
Union, as in the primary organization of society into a State, then every
individual Citizen in this "nation" of the United States, would to that
extent be responsible for the sin and evil of slavery, as he regarded it..-rov. xxiii, T. t, As a man thinketh in his heart, so is he." "To him that knoweth to
James iv, 17.
do good and doeth it not, to him it is sin."  There is a law higher than
laThe higher all human institutions, given us in the Bible, and written on our hearts,
and woe to him who violates it unrepentant. But International Law is
not counter to this; it is in perfect harmony with it, and based upon it,
and no provision of our Federal Constitution conflicts with either. Being,
however, imperfect men, knowledge limited, passions swaying, prejudices
influencing, interests affecting, habits almost controlling our views, of law
human and Divine, we have all sorts of notions as to what is expedient
Advantage of and inexpedient, right and wrong. What a wretched condition would be
State divaisions in plo- ours, were the conscientious slavery-hater of Massachusetts made either
rooting moralIty.      wholly or "partly" responsible for the Carolinian's holding men in cap



Introd2uctory Compend.                                 61
tivity I But by our Providential division of territory into States of rea- ~ 9 To the
/North: Union
sonable area, every man is able to live under a Government suited to his and sla,-e rei
conscientious belief. If liquor dealing be to him a sin, he can find a State
that prohibits it; if slavery be "the sum of all villanies" in his estimation, he need not go into the South.
Neither does our Federal Union with slaveholding States, make us Federal
leagues give
responsible in the slightest degree for any Confederate's mismanagement no responsibility for the
of its domestic concerns.  These States, these citizens of States in the ma agement
of each i onfedNorth, have no more to do with slavery in Kentucky than in Turkey. eratesafairs.
The States, by their Federal Agency, hold diplomatic intercourse with
the latter, though she enslaves the beauteous Caucasian, our own race of
GOD'S image; but we thereby incur no legal nor moral obligation for any
of her acts. Providence has so located these Peoples, and by nature, and
a gradual progress in improvements, has so interwoven their interests,
that it is desirable for us and for all humanity, the negro included, that
these States should have between themselves more intimate relations than
with all the world besides; and yet the channel of those relations, and
the only channel, is the same Federal Agency by which more distant
relations are held with Turkey.
With jealous care, too, have we guarded, not only against undue re- The compact
of Union presponsibility, but that the compact of Union should not authorize interfer- vents intermeddling in
ence in the individual concerns of these free and independent States, statdaffairs
either by any Confederate itself, or by their joint Agency; and we violate the solemn compact of Union, all principles of International Law,
and the sacred commands of Scripture, if otherwise than by friendly
Christian counsel, one State intrudes upon another. Story has given us
sound advice on this point, and we shall have more of the sort; for our
States are equally as sovereign, free, and independent, as any other
States, their Confederacy authorizing no interference with them on any
subject not explicitly mentioned in the Federal League, in which slavery
is not included. What we, as individuals or as States, may rightfully do
in Cuba, in Turkey, in Britain, we may do in Delaware, Maryland, or
Kentucky, and no more; and the Federal Agency can do no act not specifically authorized by these Sovereignties in their letter of attorney to
it, the Constitution.
Nor does our Union give us any responsibility for slavery in the No State responsibilityfor
Territories.  As to the country east of the Mississippi and north of Flor- slavery in the
ida, all was included in the bounds of one of the original thirteen States.
In the Northwest were conflicting claims, but all the territory belonged
to some one of the old States, and was a portion of its area.  Kentucky
was part of Virginia, Tennessee of North Carolina, Alabama and Mississippi of Georgia, and the Northwest of Virginia and of New York;
equally as Vermont was part of New York, and Maine of Massacllusetts. The Constitution and laws of each State extended to all parts of
its territory, and there was no power on earth rightfully to make any
change in the rights of property therein, till the territory and its inhab



62                Our Fderal Union:  State Rights and  Wrongs.
9. To thon  itants were transferred to some other Sovereignty, or was organized into
orth: Union.
and slave re- a free and independent State.  And we shall find, that the first Confederpoibility.  ation to which the cessions of territory were made, constituted no such
State, and, by a singular oversight, no authority had been given the old
Congress even to dispose of, or in any way manage, the ceded territory.
And we shall further discover, or I misjudge, that the much-vaunted
Dane ordinance of'87, which has been supposed to have consecrated to
freedom  the great Northwest, was -not only void as a gross usurpation,
but also as violating positive and clear principles of International Law.
The new con- Neither does the new Constitution give any authority to Congress in any
stitution has
notaugmented shape or manner to control a Territory, as we call our primary organizaState reibility.    tions of Peoples into States.  The language of the Constitution is, " The
Congress shall have power to dispose of and make all needful rules and
regulations respecting the territory or other property belonging  to the
United States; and nothing in this Constitution shall be so construed as
to prejudice any claims of the United States, or of any particular State."
ast of thetory   The territory" Congress was thereby authorized to manage with " OTHER
Mississippi.  PROPERTY," was made up of the western parts of several distinct and
sovereign States, reaching the Mississippi, and together extending from
near the Gulf to the Lakes. No title was ever gained to a rood of territory within these United States, except by and for these Sovereignties.
The Constitution and laws of each State extended to its remotest boundary,
as did those of Massachusetts to Maine before the latter became a State,
and notwithstanding its disconnection from the mother-portion. - Virginia
liad no right to cede the jurisdiction over that part of her State northwest of the Ohio, to the Federal Agency; and what is more, she never
did so, either under the old or the new Constitution.  It is not right, but
is contrary to the whole genius of our institutions, to govern a people by
an authority foreign to it. What else caused and justified our Revolution, but the usurpation of this right by the British Parliament?  I care
not that we have been all in confusion upon this subject; the touchstone
of International Law we shall find sufficient to make it clear.
tDuits ton-    On this subject President Duer remarks in his' able Lectures on Con.
JeUrei1il s    stitutional Jurisprudence:
dence, p. 118.
KENT'S Caor-    It was observed by the late Chancellor Kent, in his valuable "Commentaries," that
nen. taries.
if the Government of the United States should carry into execution the project of
Right' of gov- colonizing the great valley of the Oregon west of the Rocky Mountains, it would afford
erning Oregon a subject of grave consideration what would be the future civil and political destiny
by Congress.  Of that country. It would be a long time," he thought, " before it would be populous
enough to be created into one or more independent States; and in the mean time,
upon the doctrine taught by the Acts of Congress, and the judicial decisions of the
Same subordi- Supreme' Court, the Colonists would be in a state' of complete subordination, and as
tnase tion aies of dependent upon the will of Congress as the people of this country would have been
to Parliament. upon the King and Parliament of Great Britain, if they could have enforced their claim
to bind us in all cases whatsoever. Such a state," he continues, "of absolute sovereignty on the one' hand, and of absolute dependence on the other, is not at all conAdverse to the genial with the free and independent spirit of our native institutions; and the estabinstitutions.  lishment -of distant Territorial Governments, ruled. according to will: and pleasure,




Introductory  Comnpend.                                     63
would have a very natural tendency,-as all proconsular Governments have had,-to _9. To the
iqorthl: Union
abuse and oppression."                                                      and slave reU
The hand that traced these lines has long lain cold in death; but their learned and sponsibility.
estimable author lived to see not only the "project" they refer to realized, in the Duer discovorganization of Oregon as a Territory, but the establishment of Territorial Govern- ers nothingo
wrong in Codmeits in other and more remote portions of the continent, some of which had not as tress governyet been acquired; and had his already lengthened life been prolonged for a few ing Territories.
years more, his fears would have subsided as he witnessed the erection of some of
those Territories into States. So rapid, indeed, has been the increase and settlement
of the National domain, that our political geography becomes obsolete at home, before
it is known abroad.
It is a little singular that neither of these distinguished writers should Iight of Conhave observed, that distance or contiguity affected not in the least the  oet8,snodtipropriety of placing over a People a Government foreign to it; and what ty of Terri.
the Chancellor correctly deemed a wrong in Oregon, was wrong in Ohio,
Mississippi, Iowa, California, and Arizona.  Nothing has been discovered The L"Squatter
in the principles of International Law in this investigation, adverse to the sovereignty"
doctrine acsound, judicious views of Governor Cass and Senator Douglas, as to the cords with Inright of each People to govern itself, and the doctrine of "' Squatter Sov- Law, and withl
the genius of
ereignty." is far more in consonance with the genius of our institutions, our instituthan the usurping "Acts of Congress, and the Judicial decisions of the
Supreme Court."  It is the true solution of the whole slavery controversy,
for the South were just as wrong in seeking unauthorized legislation by
Congress for the protection of slavery, as the North were in its Missouri
restriction and Wilmot proviso.
On reading the treaty with France for the Louisiana purchase, which The Louisiana
with other documents will be given the reader, it will be found that trcaled cbyon
slavery existed at the date of purchase all over that territory, from  the ti   stipul
Gulf to the head waters of the Mississippi;' and we properly agreed in
the treaty, that all rights of property should remain as they then were,
till the people organized into States, should be admitted into the Union
with equal rights with the old States.  Yet, in direct violation of that
agreement, was the Missouri restriction enacted in 1820, attempting to
annul the rights of a master in his slave north of 36~ 30'.  Every acre
of the Louisiana purchase, which has not been brought under a State
Sovereignty, is.to-day legally slaveholding territory, and the slaveholder
is entitled to the protection of his rights by the whole force of the United
States, according to the laws existing therein at the date of purchase.
Failing to afford this protection, we violate important stipulations of the
treaty, and France has just cause of war, for disregarding the rights of
her former subjects and their inheritors, if, after due admonition, we refuse
compliance with the treaty.
We shall ascertain, also, if I mistake not, that, irrespective of the No authority
treaty, Congress was impotent in the premises.  Sovereign power is ines',elgtm-d
requisite to annihilate rights in property; and in this land of written law, to Congress.
our Agents, particularly the Federal, are restricted to' the letter of authority,  Taxation is a mode of exercising this prerogative, and with distinct limitations and strong safeguards has it been partially intrusted to




0GF4              Our Frederal Union:  State Rights and  IVrongs.
Vt. To thnon Congress. Except upon this point, the right of eminent domain, of which
and slavo re- taxation is a branch, is altogether withheld.  But by the sovereign will
sponsibiity.
State Sover- of a State, can property in slaves, or in any other form, be taken for the
eignty can   public good; and if slavery ever comes to an end in America, it will be
alone extinguish slavery. accomplished through this Providential division into States, whereby, as
each State finds it unprofitable, or sinful, if you please, it can be made to
cease. Have we not pursued this course, and made many States free that
were slave?  Is it not notorious, that efforts were in progress a quarter
of a century ago, for gradual emancipation in several more slave States,
and which would ere this have been successful in more or less of them,
but, for Northern interference? It is too great, too ramifying an interest
to be suddenly uprooted, even were it the unmixed evil regarded by Abolitionists. By one of these States after another duly exercising its Sovereignty, its Right of Command, slavery may in time be brought to an
end, though probably not to be expected, nor in my judgment desired,
Anti-slavery  but in no other way.  Anti-slavery men, of all in the land, should be
men must be
Federalists.  most earnest advocates of pure, unadulterated Federalism.
~ 10.-To   THE NORTH: FEDERALISM  DESIRABLE.
Advantages of    The more Federalism  is understood, the more highly will it be estimated.   The extracts from  Aristotle will prove his judgment to have
been, that diversity of interests, of pursuits, and of character, the greatest possible variety, is requisite to a perfect State, else it partakes too
much of the family relation. That homogeneous condition, is desirable
for man for certain purposes; but he needs something directly the opposite, for developing other parts of his nature, that he may reach the
highest attainments of which he is susceptible.  This the STATE supplies.
free States    Montesquieu, too, has shown us, and his wisdom accords with all ex~iiust be small: 
perience, Rome only excepted and for very peculiar reasons, that a free
State must be of moderate extent, so that to have the desirable diversity,
-to have di- is not practicable in a simple Republic, and he teaches that the end may
versity and
strength, unite be attained by a union of small States in a Federal Republic. Aristotle,
them in a Fed- 
eral Republic. too, teaches that a 7roXLrELa TOXrtELO, a polity of polities, a Republic of
Republics, is the highest condition of man.
Other writers, however, and some highly and justly esteemed, do not
subscribe to this doctrine. Says Lord Brougham:
Advatages of    The first and most striking property of the Representative principle is that it
the Representative princi- enables a free or popular government to be established in an extensive and populous
ple.       country. This we have already illustrated, by referring to the state of the ancient
commonwealths, and the imperfect devices which became necessary for the purpose
eral Union.  of enlarging the limits of the State without giving up Republican Government. Beside
the other defects of the Federal Union, its manifest tendency to create mutual estrangement, and even hostility, between different parts of the samen nation, is an insuperable
mall societies objection to it. Small communities are exceedingly apt to conceive against their
undesirable, as neighbors feelings of rivalry, jealousy, and mistrust; each individual bearing so conthe inhabitants are re-  siderable a proportion to the whole society that the worst personal prejudices and
garded.    passions are nourished, and, the most ignorant and violent of the people being the




hIntroductory  Compend.                                     65
most numerous, the tone of the whole takes the turn which these bad passions tend to ~ 10. To the
North: Feder.
give it. If any illustration of this truth were wanted, we have only to remind the alism desirreader of what we found in the history of the Italian republics. The government able.
always is influenced by such feelings, most of all in a democracy, but in a great degree
also in an aristocracy, and even in a petty principality. For the rulers themselves in B]r.oGHAM's
such a narrow community partake of the general sentiment, even if the public opinion 1oiiacyql Phv
should not sway them. Whoever would see further proof of this position may be
referred to the Ancient Commonwealths of Greece. As a Florentine hated a Siennese
worse than a German or Spaniard, or even an infidel in modern times, so of old did
an Athenian hate a Spartan or a Theban worse than a Persian. Now the Federal Federalism
Union, by keeping up a line of separation among its members, gives the freest scope ible frespon
to these pernicious prejudices, feelings which it is the highest duty of all governments evils.
to eradicate, because they lead directly to confusion and war.
It may further be doubted if the existence of a small community is of itself Evil of smalldesirable for the improvement of society. Undoubtedly great public spirit may be  ness upon the
expected to prevail in such a nation, and the feelings of patriotism to be excited, or
rather to be habitual with the people, each individual of whom feels his own weight and
importance instead of being merged and lost in the countless multitude of a larger
state. But this advantage is more than counterbalanced by the attendant evils of
petty, contracted ideas, which such a narrow community engenders, and especially by
the restlessness which arises among all the people, when each takes as much interest
in the state's concerns as if they were his own. There is thus produced both an over
zeal, a turbulent demeanor, a fierce and grasping disposition, hardly consistent with
the peace of the community; and also a proportionate inattention to men's private
affairs inconsistent with the dictates of prudence, as well as a disregard of the domestic
ties, equally inconsistent with amiable character and with the charities of private life.
It would further appear that limits may be much more easily set to the bounds Representation better emwithin which a Federal Union can be established, than to those within which a repre- ployed in ea
sentative system may conveniently exist. For the central government in a Federacy large State
than large
is of necessity feeble. It is more like a congress of ambassadors from many nations Utnion.
than the council of one nation. Each person is only animated with zeal for his own
state, while none feel for the general welfare. But a representative government may
extend over the largest dominions, and they who comprise it may exercise an authority
at once vigorous and considerate, thinking for, the advantage of each portion of the
whole community, as well as consulting for the welfare of the whole.
Does not this learned and excellent Whig writer overthrow his argu- Is not too
ment against Federalism, -by proving too much? Earnest patron as he much proved.
has ever been of popular rights, zealous defender against governmental
tyranny, he at the same time perceives, as shown in the above extract,
and in other parts of his able work, the tendency of Democracies to Representaanarchy and misrule.  This he sees the principle of Representation aids mocracy from
effectively to counteract; yet not equally well in a Federal Union, he anarchy.
conceives, as in a single State.  The same reason that would cause Aris. Berougham dl
totle to desire a large polity of polities, in order to have the greatest totle as to variety in a
variety of character, interests, and influences, would lead Lord Brougham State.
to reject it, in order to attain more homogeneity; for he says, " the Federal Union, by keeping up a line of separation among its members, gives
th6 freest scope to these pernicious prejudices,", &c.
No doubt at all, man's selfishness makes him antagonistic to his fel- Rivalry natlow, and the same trait predominates in every society of men. Adjacent
school districts are rivals, adjacent towns are rivals, and so are adjacent This trait
available in
counties and States..Rivalry has its evils, but not without countervail- Government.
5




66F-              Our Foaderacl  lntwon: State  zights and  Wrongs.
ho.: To the:ing benefits; and it is the height of wisdom  in governmental science, to.
orth: Federalism desir-  make most available a trait immutable and incident to associated as well
able.
Thesaller  as individualized humanity.  While school districts are jealous of each
The smaller
bodies devoted other, they have, nevertheless, a common interest and pride in the adto the larger.
-vancement of:their town, as have the towns in their county, the counties
in their State, the States in their Federal Union.  Did men all think
alike on moral and religious subjects, the fundamental organization into
States, might embrace continents, or even-unite all mankind in a single
State.   But having all sorts of opinion- in the world, and it being
of the first moment that the laws,and institutions of a people accord,
Dificult in-a. with its conscientious convictions, it becomes exceedingly difficult for
latrge' tst to a Sovereignty to frame. a system  of Government that shall be just
all characters and: give equal satisfaction to all classes and conditions of the subjects, in
In a monarchy a widely extended empire.  This is'the'chief inconvenience of a- monInconveni-  archy; that is, if Aristotle was right in considering the greatest variety
the highest perfection of a State. Nor is it practicable nor expedient to
have authority in ia kingdom:much divided.  No doubt the incorporaAn example in tion of England and Scotld and Scotland, and subsequently of Ireland; making a
Britain. -
single State out of the three, was for the general good.  But it renders
much more difficult the enacting of suitable laws to govern, by one and
the'same,:English, Scotch, and Irish, than if they had their separate parliaments. Yet with unity in the- Right of Command, a division of the legis.
lative power into separate parliaments, is perhaps impracticable, or at least
has.inconveniences.  As Montesquieu says of single Republics, " the evil
is in the very thing itself; and no form can-redress it."
Klings dis to npart  Another disadvantage of Monarchy is,- the: natural disinclination of
lined to part
with power. the possessor of power to part with its exercise.  When the -Right of
Command comes ~into the possession of one, or even of the few, as in an
Aristocracy, the possessor wants undividedly to exercise the whole power;
and the contest in Britain has been for hundreds of years chiefly on this
iThe tovn frer- point. - But: a free People, even in a simple Democracy like the ancient
State obliged States of Greece, cannot in most concerns, themselves exercise the Right
to delegate.
of Command, but have to delegate it to subordinate agents; and in States
like ours, simple Democracy is altogether out of the question,' it being
impracticable, even in- the smallest, for:the Citizens to meet; en masse.Representa-  The Republican feature,: that of Representation,:the worth of which is so
tion advantageouL    well appreciated by Lord Brougham, must be altogether employed in the
exercise of Sovereignty.  As the sovereign People cannot themselves
General good exercise their Right of Comrmand,: as:can a. King, but must delegate it,
the object in a
free State.   proper considerations for the-general good have a better chanoe to operate; and the best possible -distribution of authority to control the wayward and rebellious, to protect the good and virtuous, becomes the high.
est aim, the strongest desire of every patriotic Citizen.  In such' a State,
truly the good of one is the good of all.
~mai societies:Lord Broughanm  also remarks, "It may further, be doubted if the
a nuisance.small community is of itself desirable for the improvement
existence of a small community is of itself desirable for the improvement




Introductory  Comapend.                                      67
of society."  In my humble judgment' it is not to  "be doubted."  A   10.: To the:
of s            0       0                  Msiety~~~~~i ~North: Federsmall. school district, or a small town, is very undesirable, for the excel- ansml desirl-ent reasons given in his preceding paragraph; and equally undesirable
is -a saall county, or an insignificant State.~ Free States must be small;
yet, in the language of Montesquieu,
If a Republic is small, it, is destroyed by a foreign force; if it be large, it is ruined Small States
made strong in
by an internal imperfection.  To this twofold inconvenience both democracies and a Federal bearistocracies are equally liable, and -that whether they be good or bad. The evil is in public.
the very thing. itself; and no form can'redress it: It: is therefore very probable that MosTEsqurxz.
mankind would have been at length obliged to live constantly under the.government Spirit of
of a single person, had they not contrived a kind of constitution that has all the Las, l. ix,c.1
internal advantages of a republican, together with the external force of a monarchical
government: I mean a Confederate Republic.
Almighty GOD,- too, taught this Caucasian race the samne truths, ages GoD teaches
before Montesquieu.  Having. chosen Democracy as the best form  of Federalism
Government for His favorite people of old, He divided them- up into
little tribes or States, and with the infinite love- and wisdom of our Heavenly Father, did He teach the principle-of Federal Union in the Government of His choice..Earnestly did He, by Samuel, remonstrate against the
folly of His rebellious children, in deserting the free Government He had 
instituted, in order that -they might " be like all the nations."
Not believing that Montesquieu-was a fool; that our own experience Reasons for
the query to
of seventy years is valueless; that JEHOVAH  is incapable of judging of Lord. Brough
what is a desirable' form  of, Government for His creatures; -or that the
only example He ever instituted should be radically defective, is the reason why the query was- made, whether Lord Brougham did not prove too
much for a sound argument.
Nor is Lord Brougham's reason why "-limits may be much more Lord Brongham misjudges
easily set to the bounds within which a Federal Union- can be estab- of nepresentalished, than to those within. which, a- representative system  may conve- alisrn-he eon-....:   -"':'.....;':.................                              siders a aFederSiently exist,'  at all satisfactory.  He adds the reason, "For the cen-: aey weak.
tral government in a Federacy is of necessity feeble."- This was also
De Tocqueville's judgment.  But our experience proves the incorrectriess De Tocque~..............~ ~''- ~                     ville also, Part
of the opinions of these eminent philosophers, and perhaps this! examinas I, c. 8 and 18.
tion  may show-  wherein  they were mistaken.; Notwithstanding the Our experience not corNorth:has been divided up into factions; yet:witness the power: of the. roborative.
Government, despite the wrongs of Administration-and the abhorrence of
many of its leading acts, by at least two-thirds of our citizens.  It is this Riepresentagrand_ principle of Representation, so justly estimated by this wise and of stiength,
excellent friend  of true and proper Government, which enables these
States to have something more than merely,"a congress of ambassadors Success il:~y~...........both Federal
from many nations," by which we have the'power here demonstrated, not and Confeder.
ed'.                          ate Governnly: in the. older Government of the United States, but -in that -of mthe ment.
Confederate Government, which- has risen into being,. an&d thoroughly
established itself as a power in the earth, in spite of adverse surroundings
and internal difficulties.




Our Federal Union r.:  tate Rig8ts  and  Wrongs.
r1hO To thder  It is not surprising that Federalism should not have been well corn
North: FederalLsm desir-  prehended by Lord Brougham; we have not understood it ourselves.  It
F-adraliam is a most important, deeply interesting field of exploration, which, when
not. under-  our wise men shall again travel over, their paths illuminated with the
lamps of truth of these old writers, will have new beauties'; and "the
Its-foundation stateliness of houses, the goodliness of trees, When we behold them" in
State. lov-....
ereiusty.   this field of Federalism, will still more S"delight the eye," when we shall
have -discovered " in the bosom of the earth concealed," "that foundation
which beareth up the one,' that root which ministereth unto the other nourishment and life."  "That foundation," "that root," will be found to be
none other than Sovereignty, the Right of Comnm'and, in the possession
of free Peoples.  No wonder is it our' landscape is adorned with such
"stateliness of houses," such " goodliness of trees."
mdalon's er-    Allusion has been made to Madison's misconception, considering our
or tas to Na.
tional-    system  "' nationalized" by bringing the Government to bear upon indiIaxilton cor- viduals, which the great Hamilton first corrected in his effective speech
rectC it.    in the Constitutional Convention, proving it not'to be a "national "feature; as under the then existing Government, which was unquestionably
Tho occasion a Confederacy, Congress had power to punish in certain cases.'But the
or error not
developed.  why and wherefore has never been developed, and when our wise men
find "that foundation," "that root,"' they will enable us to understand the
tovereignrty  subject better. - Quite probably they will teach us, that these free Peonot underBtood, as the ples, in the proper exercise of their Right of Command, ruling their subbasis of Gov-;                       o  t          o                    
ernment-   jects with the most despotic sway, had the right and power to place over
their subjects, any sort of Government they pleased. Each of them  had
-of-the State: its State Government, and every subject that owed allegiance to the Sovereignty which had instituted it, in consequence owed obedience to that'
-alsoFederal. Government.  But these Sovereignties, for good and sufficient reasons,
chose to join together and create a Government to manage some of their
most important concerns.  The first attempt was a failure, because they
Chanue in the relied too much upon the machinery of their several States, and in the
Fedeialsecond attempt they made a further advance in the true application of the
Federal principle, than had ever come down to them in history. They
— drought to wisely and rightly, in the judicious exercise of their Sovereignty, subjected
bear on the                              oy
subjects  - -their faithful liege subjects,. and their property for certain purposes and
with guarded restrictions, directly to the authority of their Federal Government, without any intervention of their State Governments.
Checks in     Unless we altogether misjudge, our wise men will' further investiItPederiflism
upontheexer- gate this subject of Federalism, and instead of' being so abhorrent of
ese of Soveretlnty.    absolute, despotic authority, they will teach us it is the very life and
soul of all Government; and that, while Federalism  exhibits its gigantic power, as demonstrated in our wars of the Revolution, of 1812,
in Mexico, and now in: this most tremendous of all modern wars,
it -also affords more and better checks upon the exerciser of the sov-'resent errors ereign Right of Command, than any system ever devised.  Nor does the
disregard of these checks in the present Administration of Government,




Jnhdodbuctory Compend.                                   69
exhibit weakness or imperfection in. Federalism itself, in the slightest de- V10. To Ft!&
gree. Surely will. this examination prove, in whatever else it may fail, alism deseithat it is the abandonment of Federal principles, ignorance and miscon- F.ede.iis.
ception of most simple, self-evident truths, that every school-boy in the abandoned.
land should be perfectly familiar with, in order to his proper qualification
to exercise the high and responsible duties of Citizenship; it is the desertion of Federalism that has not only led us into civil war, but into the
usurpations and wrongs that have characterized this Administration, anid
which will be a warning to all future generations.  The blackest, foulest Usurpatioa-,
warningexamSpots of despotism  that in modern years have defaced the historic page, pie.
may. they be a perpetual memento, till all earthly Governments shall cease,
of the evils of deserting Federalism l  GOD grant that these free Peoples
may never again be called to witness such violation of: their Sovereignties,.such,usurpations of their sacred Right of Command, as in misconception
and ignorance, not with malice prepense, our rulers have committed.   A To be relieved
by Federaireturn to Federalism by rulers and ruled, is the first and most important ism.
step, not only to reunion, but to the preservation of our free institutions.
Nor does the lamentable lapse we have made, indicate undue con- Worthof-Federalism not
fidence in Federalism, or presage a decline in the estimate of its worth. disproved:by
In this state of imperfection, everything human has its ups and downs.  ese error&
What other Government of earth can show for eighty years, any less OtherGovernments imporwrong and misconduct?  What other can show equal benefits, either to fent.
the Peoples themselves, or to the whole human family?  And it must be
remembered, that we started an experiment.  The Dutch Confederacy, iOUanexpe.
an incongruous mixture of Democratic and Aristocratic States, the Helvetic, another of~ the same sort, were of little practical benefit in giving
shape and order to our Federal Union, particularly the last of'89; the
examples in Greece, are and were too little known in the details, to be
of much avail; and that of the Hebrews seems never to have been considered; at least in none. of the debates pending the change of Constitutions, is it referred to, that we have observed.  So that: to us, this
was a new experiment.  Besides, after the- days of Barbeyrac, Burlamaqui, Montesquieu and Vattel, the whole civilized world seems to have Evil of teacbEn L~''  X-'-':'ings of natureal
become impregnated with the delusive teachings of man's natural liberty. liferty.
Instead of recognizing the grand truth, the fundamental idea, that lies at
the foundation of all Government, Divine or. human, that every man,
woman, and child is a subject to a Supreme Right of Command, the con- E~vbjodya
trary was taught and believed, that man is naturally a free-man, and can
-only be brought under authority by his consent; which consent, as a
natimiral inalienab]e right, he'may at his pleasure revoke, and overthrow'the.Government, provided.he can have the aid of a sufficient number of
-discontents.  Some of the.wisest, best, most pious men of Europe, abh or-;Errors on this
ring oppression and tyranny, properly desirous of keeping within reason - point of good
able bounds the exercise of authority, Came to' mistake the limiting of the
exercise, for the limiting of the Right of command itself, and they became French Boevo.
abettors of the scheme of liberty, fraternity, equality, that culminated in lutlon.




10                 ~Our Fcederal  rUnion:.State Rights and  Wrongs.
$0. -To the the French Revolutions of 1789-'95.  It was in this dangerous era that our
-rth:'Federttsri. desir-  new Government was instituted; and let any one study our history, and
able.
he will find that Paine did not:misrepresent. the intimate relations between
-gthat era our
Governmnent France and us, and truly wonderful is it'.that we escaped' the. vortex.
was established.     The Christian will recognize in our:deliverance, the:hand of our Heavenly
Father; and in Federalism, the'Providential division of this country into
Providence
saved us.    States, the means Infinite Wisdom  employed; and from that day to this,
No teachers of there is not a single writer upon Government, that we have seen, who
Dthe Jnight.o,/ grounds it on the Sovereignty, theRzight of Command, of' Grotius and
Vattel.  The wonder is that with- our; theories so wroilg and confused,
our practice should have been so nearly correct; and under Providence, it
Faved uram   is nothing but genuine Federalism  that has saved us, and that, too, in
spite of the absurd dogma that we were'.' partly national."
POr'8s idea of.. FFederalism has not yet had a fair chance to have its excellences tested.
forms of Gov-  
ernment.    We hlave -seen-: a little -how- Paine endeavored to overthrow theories of
Government, and the same. idea had been inculcated by the excellent
Pope: in that often-quoted passage:
For forms of Government- iet;:fools contest,
Whate'er is best administered is:best.
Such bheresy to  Not until all such heretical teachings as that are banished, and vwe bebe abolished.
come indoctrinated anew with thbe- solid' and correct truths of the chief
founders of International Law, can:we form a true estimate of the intrnThreory im-  -sic excellences of Federalism.  In politics, as in religion, a man's-faith
portant to
praice.    must be right in the fundamental truths, or he will -be liable to go astray.
Sound theories are indispensable: to sound practice; a and not till at least a
half century-after we Shall have been well schooled in this fundamental
doctrine of Sovereignty;  the Right of Cbommand, shall we be able to
d'emonstrate the superiority of its' exercise- by Free Peoples, united in a
-Federal Republic.
FaAI',s        Since penning the ab ove, a very interesting and able work, History.Hristory of
P~dteral Gov- Of.Federal CGvernment, by Mr. Edward A. Freeman, has come under
ernment. Lon-                    e         
don, 1863.    observation, which -evidently is a very opportune publication,:though the
copy could only be kept in hand long enough to barely glance through it.
Sovereignty  But, notwithstanding its excellences, the' introduction proves'that- the
not comprehenaded.    author did not well comprehend the'fundamental idea in a Federal Union,
as in all forms' of' Government, the Right of Commannd, State Sovereignty.  He remarks:
Reqnisites of a   Two requisites seem necessary to constitute a Federal Government, in this its
er l ent. v most perfect form. On the one hand, each of the members of the Union must be
wholly'independependent in those matters which concern each member only. On the other
affairs, subject hand, all- must: be subject to a' common power in those matters which concern the
ia others.,   whole body of members collectively. Thus leach member will fix for itself the laws.Correct view of its criminal jurisprudence, and even the details of its political constitution.  And it
of' State Sov- will do this, not as a matter of privilege or concession from any higher power, but as
a' matter of absolute right, by- virtue of its inherent powers as an independent com-erroneous  monwealth.'But in all matters  which concern  the general body, the sovereignty of
view.-      the several members will cease. Each member. is perfectly independent within its own




.ntroductory   ompvend.                                     71
Sphere; -but:-there is another sphere in which its independence, or rather its separate ~10. To the
existence, vanishes. It is invested with every right of sovereignty on one class of alism desirsubjects, but there is another class of subjects on which it is incapable of separate able.
political action, as any province or city of a monarchy or of an indivisible republic. Independence
The making of peace and war, the sending and receiving of ambassadors, generally all vanishes.
A State not
that comes within the department of International Law, will be reserved wholly to the Sovereign on
central power. Indeed, the very existence of the several members of the Union will some subjects.
be diplomatically unknown to foreign nations, which will never be called upon to deal Stateexistence
with any power except the Central Government. A Federal Union, in short, will unknown.
form one State in relation: to other powers, but many States as regards its internal
administration. This complete: division of sovereignty, we may look upon as essential Sovereignty
to the absolute perfection of the Federal ideal. But- that ideal is one so very refined divided.
and artificial,. that it seems. not to have been attained more than four or five times in
the history of the world.
The chief: " requisite" in "Federal Government" or any other is, Requisite in
that a:State:should possess absolutely, indivisibly, its Right of Command. Rigfhtof Cobrn
-) it                                mand.
Such:a State is "on the one hand," "on the other hand," and on all
hands, not only "wholly independent," but also perfectly free and sovereign.  It can never " be subject to a common power," either in matters A subject.ev
"which:concern the whole body," or any other matters.  Never can  a
sovereign be a~-l'subject."  True is it that, "not as a matter of privilege A truth.,or: concession from any higher power, but as a matter of absolute right,
by virtue of its inherent powers as an independent commonwealth,"
-"each member will fix for itself: the laws of its criminal jurisprudence,
and even: the:details of its political constitution."  In every respect, in Sovereignty
all the details of Government, does this " absolute right " of Sovereignty rUles in a
operate within -the confines of the State; and if it shall have joined with
sister Sovereignties to manage some of their affairs by a Federal League, -and in a
-the same Sovereign Authority imparts the power to operate the machin-league
ery within its boundaries.  Never can it be said under any circumstances, -never
" the Sovereignty of the several members will cease," till those "I mem- ceases
bers" " cease" to be States.  Neither on this planet or any other, is
there "another sphere in which its independence, or rather its separate A State'sindependence nevy
existence vanishes," till it shall sleep- the sleep that knows no waking. er vanishes"-Invested with every right of Sovereignty," not only on " one class of'subjects,:" but on every class, a Sovereign State can never become "in- -never as a
capable of separate political action as any province or city of a mon- provincearchy, or of an indivisible Republic."' It may delegate, to subordinates
jointly with other Sovereignties, "' the making of peace and war," and -should not
other affairs that:can be best conjointly conducted; but it is to be hoped  Ienteupright
it will never extend the -delegation so far, as to include "generally all al Law
that comes within the- department of International Law."  The taking for
granted that this has been done with these States, is the chief cause of
complaint against our excellent Kent and Story, and others.  That great Sovereignty
the soul of a
" Central Power " is powerless, except as its limbs and muscles are ope- State.
rated by the souls of these greatest moral persons, these sovereign:States; whereby, as one effect, they deputize some of their faithful liege The majesty
subjects, to go and visit kings and queens, the ordinary monarchs of earth. of free States.




Our Federal Uniot: State RBUhts and  Wrongs.
o10;thoTFet t    INDEED, the very existence of the several members of the Union will
alism desir- be diplomatically unknown to foreign nations," not only because they
ablo. 
" —-   will never be called upon to deal with any power except the Central
Government," but because of the august majesty of these Democratic
States, which severs them from contact, not only " diplomatically," but
every way, with common sovereigns.  Mere kings and queens and emperors, admit ambassadors and subjects into their immediate presence and
Invisible, like hold converse with them; but these Sovereignties of ours, like the Sovthat of Deity.
ereignty of Heaven, withheld even from vision, only by delegates and
humble subjects, condescend to hold intercourse even with emperors
themselves.  And though invisible as Deity, invisible as is the soul,
yet does the Sovereignty, the Right of Command, operate within the
realms of these States, as does JEHOVAH throughout the universe; as
the soul of man moves his cords and muscles, his hands and feet, so do
the souls of these greatest moral persons operate the legislative, judiSee Note, p, 162. cial, executive, and other parts of their bodies politic.
GoD's division    GOD, too, has condescended to teach us, in what should be the
of the ezeri6ee.of the Right standard authority in International Law, that even with Him, all-wise,
f Command.
all-perfect as He is, the exercise of His Sovereignty had best be divided;
and without any explanation of a subject too far beyond our comprehension to be understood, as to how He exists, one in three, and three
in one,-for,: if with all our efforts, we cannot comprehend in any degree
our own existence as a natural body, a spiritual body and a soul, three
in one, and one in three, of what use to explain to our finite intellects the
infinitely. deeper mystery of JEHOVAH'S existence-He merely declares
the fact that he exists as one GoD in Three Persons, and that the exercise
of His Sovereignty is divided, part being in the hands of the Father,
part in the Son, part in the Holy Ghost, yet does the Right of Command
belong absolutely, indivisibly, to the one JEHOVAH.  When we come to
consider Sovereignty, we shall see the excellent views of the judicious
Hooker, on this interesting subject.
Well may weak, finite man imitate Infinite Wisdom in Government,
3nitable for
the creature to the most intricate and difficult of all sciences; but, as already observed,
follow the
Creator.   the selfishness of man disinclines him to divest himself of any power of
which he becomes possessed. Hence arises a difficulty with Mr. Freedifficult in   man's consideration of Federalis/n, apparently altogether overlooked, of
monarchy-  its inadaptation to Monarchy.  This prevails not in Heaven's chosen form
-not in De- of Government, a Democracy. Notwithstanding these free Peoples are
mocracy-   possessed of majesty so august that no man can approach it, monarch
t though he be, yet are they compelled to delegate the whole exercise of
benefits.   their Sovereignty.  The only question then is, as to a choice of parties
to be employed; and this exercise of power, being one of the most selfChecks and
balances    aggrandizing things in nature, it becomes an interesting and important
problem, how best to distribute the exercise, so as to establish a system
of checks and balances to control every wheel and spring in the governmental machinery, and to keep it in its proper place and at its appro



Introduectory -omnpend.                                  73
priate work.  And, of all systems ever devised to accomplish this great 10. To thToFe
desideratum, none will compare with Federalism.  With an undivided aiasm desiraand indivisible, unaccountable and uncontrollable Sovereignty, do these Soereignties
free Peoples require and appoint certain of their subjects to perform such employ sub-:jects for spe.
and such duties. The Sovereignty must have its Agency to speak new cial duties.
bodies into existence, and also to legislate, and it instructs its subjects how
the persons are to be designated to these important duties. Others must
serve their Sovereignty as Judges of law, and of conduct infringing its
prerogatives, and the subjects are commanded how to appoint these servants, most important safeguards of the People's Majesty. An Executive,
too, must be chosen to see that the Sovereign will, expressed through
these subordinate Agents, is duly performed; and the appointments of
such other officials are provided for, as the Sovereignty of the People
deems adequate for its protection and glory; "for the punishment of evil- 1 Peter ii, 14
doers, and for the praise of them that do well."
Admirable, indeed, does this system  appear to be for the accomplish- The apparent
ment of its purposes, and all the Citizens being equally interested in pro- the system.
tecting their Right of Command, keeping it inviolate, one would suppose
that with moderate sense and skill, such a system would perpetuate itself.
But power has a terrible tendency to self-aggrandizement, and circumstances favoring a selfish, adroit, able intriguer, not even the sacred.Right of Command is secure against its usurpations.  When in the Still, dangers
sequel we come to look into the history of Rome, the grandest example pnublics.e 
of a Republic recorded in history, we shall see how easily Julius, and
then Octavius Coesar, transformed the civitas, the Commonwealth, the ample.  e
Republic, into an empire, which in only the fourth reign from the memorable; (Octavius') Augustan era, became a tyranny under Nero. France, Also France
too, with its " Republic, one and indivisible," will show us, by example
after example, how a Bonaparte can become possessed of the Sovereignty.
Something else is wanted, effectively to preserve in a free People, its sovereign Right of Command, than the simple checks and balances afforded
in a single Republic.
Thjis safety is secured more perfectly by Federalism, than by any Safety affordother means yet discovered, and probably nothing equal to it for that esm.d
important purpose can be devised.  The danger in a true 7roXLreca polity,
or Republic, a proper -civitas, or Commonwealth, is, that some one man The difficulty
or set of men will become possessed of the whole authority.  The Right isnatsingle
of Command is mainly exercised by its Legislative part, and its Executive
part; the other parts, as the Judiciary, the power of taxing, &c., being so Usuribole
far subordinate, as to be usually controlled by those possessing the two
former. The chief excellence of a Commonwealth is in the People having a controlling power in enacting their laws, as in the glorious days
when Rome was truly a civitas.  But a Coesar could suborn the Legislative, and controlling the two great powers of the Republic, lihe soon
usurped the Sovereignty, came into full possession of the Right of Commnand, and changed the Republic into a Monarchy, though he and succeed



174               Our Fcederal TUnion: State Rights and  Wrongs.
lorthFther ing Emperors, to make the People think the:change unimportant, still
alsm desir-  spoke of the respublica and civitas.
Federali-sm  -   Now Federalism  appears to afford a perfect protection against this
protects    rascality. For a number of Commonwealths to divide the exercise of their
against usurpation-     Right of Command to two entirely different sets of deputies, seems to
-in a State  render it' absolutely impossible for any one man or set of men to usurp the
official.
entire. Sovereignty.  If the Executive in one of these Republics could
corrupt and control its Legislative, which only has power in regard to
certain affairs of home concern, others' of chief consequence being delegated to the' Federal -Legislature;: and any usurper should dare to' attempt
to' steal from the people their Right of Command, and control not only
the parts of Sovereignty delegated to the State Agency, but those delefeights o Conte gated to the Federal Agency also'; the State has a sure safeguard in its
federate States
to guard;Compact of Union with sister-Sovereignties, which declares' that "The
against usurpation.    United States shall guarantee to every State in this Union a Republican
Form  of Government, and shall protect each of. them against invasion,
and on application of the Legislature, or of the Executive (when the
Legislature: cannot be convened) against domestic violence." -So important was this regarded, that full, unrestricted power of coercion of a SoCoercion sanc- ereign State, is herein delegated to the Federal Agency, and it is the sole
tioned.
respect'in which it has the least shadow of right to coerce.  Should the
time ever, come, that one of these States reunited should reach such a depth
of corruption as to attempt. to change the GoD-sanctioned form of a true
Republic into any other, we shall -have a new opportunity to display the
superior excellence of Federalism, and triumphantly' will it be vindicated.
States a safe-. Then, too, suppose a Federal usurper should arise; how is he to beguard against
rederal usurp- come possessed of the entire Right of Command in these States of ours?
ation.
Fortunately, at' this most critical epoch in our history, we have in the
Executive chair of. the States confederated, and in that of the States
united, incorruptible patriots,' who, whatever their failings, would guar'd
as jealously the liberties of their'Peoples, as did our Father, WASHINGTON.  But suppose it were otherwise, and taking advantage of the immense armies in the field, in either or both sections, an attempt were:made to establish a military despotism.  It has come too near to it in the
The present North, nowiftstanding the honesty and integrity of our President-far
fiftro to pro- nearer than any -other two years in our history will, ever witness, I trust;
yet has subversion of liberty not been intended, and any one acquainted
with Abraham  Lincoln as well as is the writer, knows that he does not
The wrongs-t mean to infringe a single right of a single Citizen; and when he has had
ed wrhen un- time and opportunity to look -into these rights, and sees how outrageously,
derstood.
unnecessarily they have been: violated,: in spite of the wise protections
put about them, no one in the land will be more anxious to make atone.
ment for the wrongs done; none will be more solicitous than'he to take
A real usurpa- effective measures to protect against such lamentable, infamous attempts
tion could not
be successful. in future.  But suppose, instead of President Lincoln. we had General
--- M * (I would like to write the name instead of the dash, but it is not




Introductory Comnpen d.75
expedient), what could he do, with even these immense armies of a million   O 10. To the
North: Federof: men?:  Of whom are these iarmies composed?  Not, as the South alBsm desirsuppose,- of foreigners, but, as the statistics show,'in a large majority, of
native-born; Americans.  They are possessed of the inestimable privilege
bf Citizenship, which we are soon to consider. Would it be easy to bring
such men to consent to overthrow their free *institutions, to'establish a
despotism?.'Suppose even this could be done; Federalism still has an
abundant safeguard, in the existence of these thoroughly-organized State.;Governments, with their'full control;of the: militia, the People them-:selves;: of those who -are -CITIZENS,: or hope soon to be CITIZENS, of these
free States, fellow CITIZENS'of this Republic of States.  The; very prince
of fiends himself in the shape of General  -, or any other general,
could. never become possessed of the Right of Command in these free
Statesi, till.-they should have become such sinks of corruption, as that
even the most despotic tyranny would prove a blessing in removing the
plague;spots from existence... I  ~To develope the- advantages of Federalism, is-an almost endless task. Impossible
-It i the chief point in the whole of this work,, and; even to indicate them develop the
-is- impossible in:this compend.:The object has been in the foregoing Federalism.
remarks'rather'to. show how little. the subject has been and is comprehended;. the difficulty lying, as it appears'to me,: in losing all knowledge
Misapprehen-.of "that foundation," "that root," that bears up all "-the stateliness," siop of it-' the goodliness," that preeminently characterize Federalism-THE Sov-EREIG:NTY, the RIGHT OF CoMMAND,-wielded by free Peoples.  And our
judgment is sadly at fault, if these able and excellent writers, Lord Freeman to
Brougham and Mr. Freeman, do not become the most earnest and suc- aid to correct
cessful seekers of "'that foundation," ":that root," of which we have lost
knowledge.  Nolne:will more rejoice than they in discovering the true Sympathy of
secret of Anglo-Saxon successin Government, on: this side the Atlantic;
which, in the event of another attempt by Britain's monarchs to over- To examine
may benefit
throw the People's rights, as in the Stuart reigns, would result in the Britons.
-abolishing of Monarchy, the redivision into the old States, and their
Union- in: a Federal Republic.  The true principles of this Right of:Command..need- only to be understood, as taught' by' Grotius down to Vattel,
and,that, if once forfeited by the Sovereign, from violating her or his
sacred trust, it-again reverts to the People, and will there be permanently kept; and then no Monarch of Britain will be so unwise as to endeavor to' revoke powers- delegated by the Crown to its faithful subjects,
and;theexercise' of which, it-is best for Monarch and People, should continue: to be'entrusted to subordinate agents, as by custom has been long'established:; the source of authority, the.Right of, Command, being never
theless in the Monarch, according to the, terms of the grant by the People, through their duly elected; representatives, the Convention Parliament, in 1688, to William,:Prince of Orange, and Mary, his wife, William being really the monarch.
To Anglo-Saxons here and at home, the basis and excellences of




Our Fcederal Union: State Rights  and Wrongs.
10.thTo the Federalism  is the most important and interesting  of all earthly subjects.
North:'Federalisn desir-  We shall find that European writers have correctly understood that we
able.
rmportan    were no: consolidated State, but a Federal Republic; and in proving this,
Important for
Anglo-S:ixons and establishing the excellences of Federalism, we shall not only have
to understand
Federalism.  the benefit of quotations from  Lord Brougham and Mr. Freeman, but
from M. Guizot, Lacroix, Necker, and others.
esin a polity of    No other country on the globe affords such diversity of soil, of clipoitis could  mate, of productions, as that of these thirty-four States.  Could they be
(defy the        o
ivorldl.  once again united in a polity of polities, we could, in the language of
Aristotle, defy the world.  But this very diversity in nature creates a
AdfFntage in diversity in interests and in character.  To adapt our institutions and
laws to this diversity, is of prime importance, that all Citizens may conscientiously and religiously stand by and uphold their Government. Only
on a few subjects of Government should we so agree, that it would be deDignity of  sirable to commit them  to the care of a joint Agency; but they happen
their Federal
Government. to be so consequential and weighty, that their conduct has already-given a
character and dignity to the Government of these States united, that has
made it honored and respected throughout the world.  All other intereats and concerns not specifically delegated to the joint Agency, are reOne Confederate not respon- served to the separate *Sovereignties.  And we have no right, in any
sible for another.f n- way, to interfere with a Confederate State, more than with Russia.  So
that by means of Federalism, we can have all the advantages of a Union
with States affording this immense diversity of productions, of character,
and of institutions, without the slightest responsibility for what may be
deemed wrong in their individual management.  Important as is the
TN)o other ySyt Union of all these States to the North, condemning slavery as many of
tern  will suit
the North.   our Citizens will doubtless continue to do, we have no resource to secure
the one and allow toleration of the other, but our Federal System.  Most
earnest Federalists should we all be in the North.
~ 1 1.-To THE NORTH: IMPORTANCE OF UNION AMONG OURSELVES.
Present divis-    We need to study into the principles of our Government, not only as
Ions of the
oorth.  an indispensable means to a new Federal Union with the South; equally
important is it to obtain unanimity of sentiment in the North.  Divided
into war Democrats and peace Democrats, conservative Republicans and
radical Republicans, and of various shades,. we are not with proper vigor
e most sup- supporting our Government, which we must do, despite the wrongs of
port our Gov- Administration.  The latter we can change as we deem necessary; the
ernment.
former must be maintained.  To examine the nature of our Union, and
To examine  the principles of its Government, thereby learning the rights and wrongs
principles w 11
unite us.    of these States, concerning which we are so at variance even among ourselves, will, it appears to me, unite us almost as one man.
Federalism    We know not the strength of bands that encircle this Union.  The
has strong
bands.    pledge of pact and faith is strong, yet may that be broken, and as Pufendorf shrewdly remarks:




Introductory  Compenod.                                     77
Although the argument of Mr. Hobbes which we have here endeavored to refite, I 11. To the
North: we
does not perform the service he intends it for; that is, does not take off the validity must have
of pacts in a natural state; yet is in some measure capable of good use, inasmuch as Union.
we may draw from it the following rules of prudence; Never to depend much on a stronger than
covenant, but when we know that the interest of the other party is concerned in the covenant.
performance of it, as well as our own; and that upon default he is likely to suffer PUFssNDOfRl
ILoai8 of \a.
some greater evil or inconvenience, than he can incur by standing to the agreement. tuve awnd Na.
As we pursue this investigation, we shall discover that each one of Common interest of these
these Sovereignties is one of the parties to the compact of the Constitu. States in their
com-Cll0O territion, whereby a Federal Agency has been created for the joint conven- tory.
ience of these sovereign States.  One of the duties of this Agency, is to
hold in trust for the Sovereigns some of their property.  These British
Colonies, which afterward became free States, had large areas, much too
extensive-for a single Republic, and with great generosity they severally ygsetscatee
ceded their proprietary right in their surplus territory to the United Stat the
States.  Whether the State Agencies, the Legislature and the Executive, could do more than this, will appear in the investigation; probably
they could not.  But this joint proprietary right created a strong liga- A ligament of
ment; of Union between the Sovereignties, with regard to which Mr. union.
Curtis with excellent judgment remarks:
A confederacy of States, which had become possessed of such a common property, CURTIs' Histo.
ry Of the Coon
was thus bound together by an interest, the magnitude and force of which cannot stit7toqfe io
ntw be easily estimated. The Union might incur fresh dangers of dissolution, after 140.
the war had ceased; its frame of government and its legislative power might prove
wholly.inadequate to the national wants in time of peace; the public faith might be
prostrated, and the national arm enfeebled;' still, while the Confederacy stood as the
great trustee of property large enough for the accommodation of an empire,. a security
existed against its total destruction. No State could withdraw from the Confederation,
without forfeiting its interest in this grand public domain; and no human wisdom
could devise a satisfactory distribution of property ceded as a common fund for the
common benefit of sovereign States, without any fixed ratio of interest in the respective
beneficiaries, and without any clear power in the government of the Confederation to
deal with the trust itself.
T~ he original thirteen States, by these cessions, became possessed in States proprlocommon, not only of the ownership of the land, the payment for which of t'ho land,
was to go into the common treasury, but to an equal share in all the tion, &c.ai
privileges and benefits of that territory, as the navigation of its rivers,
free trade with the inhabitants who were to settle it as the Indian title
became extinguished, &c. Out of this common territory have all the new New States
States east of the Mississippi (Florida excepted) been formed; but no one fomttediandt e
of the Peoples resident in any of the areas or Territories, as they are com- Unionmonly called, has been recognized as having a free and independent State
existence, except to be admitted into the Union, and then at once binding itself to the compact of the Constitution.  And though each new- _ith parity
State has been admitted to full equality in all the rights and benefits o of rihts.
the Union with the older Confederates, I discover nothing in the acts of All rights not
admission implying any surrender of any one entire preexisting right in rendered to it.
that Territory to the State individually; and even had the attempt been




i78               OOur Fcederal Unions: State Rights and Wrongs.
1oortho t"e made by Congress, the act would be void for lack of authority, no delemusnthave  -gation for that purpose being found in its power of attorney, the'ConUnion.
- stitution.:The new  State'giving its assent to'the Constitution, upon
admission into the Union, is, indeed, a pledge to sustain the old rights of
the Sovereignties,- and discharge faithfully the obligations,, new  to it,
incurred by coiming into the Union.
Injstiice hd to  Had Virginia, for instance, remained in the Union, what a wrong and
Illinois seced injustice would have been done her, had: Ohio, or.any of the five States
ed.'     formed out of her Northwest Territory, seceded from: the Confederacy.
Rights of Vir- Not only was a large part of it hers by charter, but in the Revolutionary
ginia in the                               Svena(
Northwest.  contest, properly exercising her' Sovereign Power of peace and war (it
not having then been delegated to the Federal Agency), she sent out an
expedition under General George Rogers Clarke, which took Kaskaskia
and Vincennes; so that her title by charter was strengthened by right
of conquest, and in'78 she organized her entire area west and north of
the Ohio into- a county by the name of Illinois.  How unjust the treatment toward Virginia, remaining in the Union, had Illinois attempted to
secede, -and unquestionably would our mother have had the right to preVirginia's   vent it if she could, even by war.  Yet Virginia, after her liberal cesriall hths ceded Statoes. sion, for which she cannot be too highly praised, had no right in that ter.
ritory, not equally shared-by eveiy member of the Confederacy.
The Louisiana    Let us again glance also at the Louisiana purchase, which will
motives to it. more fully considered in Part III.  The far-sighted Jefferson knew tat
ere long great States would arise within our domain east of the Father
of Waters, to which' the free navigation of the Mississippi would be of
incalculable iimportance.  We believed we had a natural right to it,
though contested by Spain; but of that power we had no fear, and had
she resisted our:equality of rights,- we could' easily have enforced them.
But Spain transferred this colony to France, whose greater power would
have made a war to sustain our rights more calamitous.  Besides, we
specially deplored a contest with our kind and faithful ally in the Revolutionary war, and ~Bonaparte wanting noney, and:we the Louisiana
Rights in it province, a trade was made,' and these States united, became the joint
shared. wholly:.
and equally'. proprietors. through their Federal Agency of the tract between the Misbetween the SiSSippi and the Pacific Ocean.And, whereas some antecedent rights
might be imagined still to pertain to the original' States that ceded the
territory east of the Mississippi, none could be laid to the territory west,
The rights: of each-of the States united, were precisely equal at the date
of cession.
Also by new   Since'that date, new States have been organized east: of the Missistatea.
sippi,l and admitted'into the:Confederacy, and-with parity of rights with;
the older members.  And not only so, but in this very Louisiana purchase, the, inhabitants of which, from- the mouth to the head waters. of.the:
Mississippi, were united as one  People, or colony or- province, and had
States formed common rights and interests in the whole territory, that have never been
out ofthe pur. surrendered;out of thi territoryhave numerous States been formed and
chas...  surrendered; out of this territory have numerous States been formed and'




Introductory  Comp'end.                                   79
admitted into our Union, which also have been granted equality in all the ~north:. we
rights.of the older Confederates.  Are these States likely to relinquish ust have
theirirights in thb territory below them, if by any honorable mheans they Are these
rights to be
can!be preserved'?                                                    surrendered?
-From  my knowledge of the West, I judge they will not surrender Never will the
West surrenthese important. rights if they can avoid it.  A residence here from boy. der them.
hoodi and an active participation in its business concerns, and a wide
acquaintance, enable me to speak understandingly on this; subject. Never
will the States in the Mississssippi Valley:abandon their:rights in the territory- below them. Neither will the East.  The rights of the Western Nor tillthe
States in the South are more prominent, and their, loss would be a greater
evil, yet: are they no stronger than. those belonging to Maine and New
Jersey.  These common rights are indeed a bond of Union; and let us
investigate and understand them, and not only will the States East and
West be even more firmly knit together in our struggle to preserve them,
but all our Citizens, except the little' nest of fanatical Abolitionists, will
be united: as one man for our defence. ILet us know our rights, and,
knowing, dare maintain.
Let Jeffersonian Democrats study this great: question of the rights of Jeffersonian
these sovereign States.  Never, till' the:last two years, did I expect to be study his prin.
a friend and admirer of Jefferson.  He was: not -immaculate, and made  p
important mistakes, more,.however, in theory than practice; but I find
he.was indeed one of our  most valuable -statesmen. -:On a scroll
headed WASHINGTON, no' name seems more worthy to follow next than Jefferson next
to WashingJEFFERSON; and our highest obligations:to this~ learned and excellent ton.
man, rest mainly upon his undying confidence'in Republicanism, and his was a true
Republican.
firm, unyielding determination to preserve the Federal Union of these
States, and prevent consolidation. Properly did he and his party take
the name of Reptublican, though they were as truly Federal as any in the
land.  And you I sons, grandsons, and great-grandsons, of the conquering You, Repnubli-4u -cans I                              follow
host- of patriots under the- lead of: Jefferson, in that critical period: of our your leader in
the path of
history:; you! especially who bear -the same political name, so honored Federalism.
and honorable in Jefferson, let me beg you to study into the principles of
your revered apostle. Nothing there will you discover to justify the grioss
usurpations of your chosen leaders, precisely the dangers the fathers
feared, and which caused the chief opposition to the present'Constitution.
Nor will -the war- be found a' justifying cause- of these wrongs.  Every
true Republican will be a Federal Republican, aswas Jefferson, when he
understands the term.
Let - us,- too, sons, grandsons, and great-grandsons of the conquered We Federalists must stiel
host of Federalists, study into the history and principles' of our Union toour Father
and Governmnent, and lay- our equal claim to patriotic blood, with those principles.
whlo were successful, owing to the division between the great leaders,
Adams and Hamilton.  Most of' them wvere -true to the honorable name
they bore, Federalists indeed and without guile, though a few were Con. The Federalists, true patri.
solidists, not having confidence in the binding nature of a Federal League, ots.




80              Our Fcederal Union: State Rights and Wrongs.
11. To the and still less in Republican Democracy.  But even the Consolidists were
orth: we
must have  none the less sincere and patriotic, and we are immensely indebted to
Union.
them for obtaining the requisite grants of authority to give vigor and
power to the Federal arm; and the great majority of the Republican
opponents, were in sentiment precisely what their name indicated, FYedOur desertion eral. And though the differences in that day, as we shall see, were more
of Federal
principles.  il theory than practice, and owing in a good degree to the misuse of
words, yet we have less knowledge, more errors in language, and have
run so much farther astray in theory, that we have been led into funda.
Had these   mental errors in practice.  Never would Samuel Adams, Parsons, Hanwrongs been
anticipated,  cock, Sullivan, Ames, Dana, Sumner, Thacher, and the other patriots of
hadneverbeen Massachusetts, have ratified the Federal Constitution, could they have
In the Union. seen  down the vista of many centuries, that such usurpations would be
enacted, as have characterized this Administration, in the first century of
our Government. The little majority of nineteen, votes would never have
been given by that Commonwealth, had these tyrannical acts been foreseen; nor would assent have been given in most of the other States.
Necessary to  We need to be better informed with regard to the views and motives
views of tho Of the fathers, and very agreeable will it be for the few who are familiar
with the debates in the Constitutional Convention, preserved by Madison,
and for which we owe him an immense debt of gratitude, and with the
Their debates, debates in the State conventions of ratification, to ran over the important
parts.  To those who have never studied them, it is an imperative duty,
in order to learn what Government we have, why it should be preserved,
and by what means. These debates afford most important instruction, with
which every Citizen should be familiar; and, however the work may be
-to be comn- performed, one of the most important attempts in this compilation will
in Part be that of Part II, The Constitution, in which the chief parts of the debates, not only Madison's and those compiled by Elliott, but others that
I may be able to obtain, will be arranged under their appropriate clause
-according to
subjects.    of the Constitution.  For instance, in discussing, " We, the People of the
United States,.... ordain and establish this Constitution," the remarks
and the facts concerning it will be brought together,1o see what was
designed, and what was done. So the discussions and facts concerning
the Senate, when brought in juxtaposition, will enable every reader to
decide for himself, whether the desire was to make one State out of the
Thirteen, or to keep the Thirteen States each sovereign, free, and independComparing  ent.  Then the frequent references to the Principles of Government in
themn with In- Part I, derived chiefly from  Grotius, Pufendorf, Vattel, Burlamaqui, and
Law, we an, Montesquieu, will enable every Citizen to udge for himself, what Governdecide what is         wll e      le             ju         ie            v
ourform of  ment we have, and whether it is worth perpetuating.  It will not be
Government.
necessary to the present purpose, to discuss every point in the Constitution, and only the chief will be taken; but these will draw together the
prominent thoughts in the Constitutional Convention, and also in the ConMemoirs. let- ventions of ratification, and the contemporaneous discussions.  The nuters, &c., of the
fathers.   merous memoirs: too, of the fathers, contain important letters and valu



Introtnuctory  ComPend.                                         81
able information,l extracts from which will aid to elucidate difficult points, ~ Lr hTo the
North- we
and supply information which everybody ought to have, yet which few must have
Union.
ever see. The volumes will not only be found instructive and profitable, Most of these
but deeply interesting, for, with the exception of my lucubrations, they volumes,
will be filled. to a great extent with choice extracts from hundreds of vol- tracts.
unies of eminent literary merit.
There is one invaluable work, however, The Foederalist, which will i nno'etm-chbe little quoted; or rather, it must nearly all be quoted.  Says Hamil- quoted.
ton, in the first paragraph of the introductory number:
AFTER an unequivocal experience of the inefficacy of the subsisting Fcederal HAMILTON,
/   Foderalist,: Government, you are called upon to deliberate on a new Constitution for the United D. p. 1. H. p. 1.
States of America. The subject speaks its own importance, comprehending in its
consequences, nothing less than the existence of the UNION, the safety and the welfare
of the parts of which- it is composed, the fate of an empire, in many respects, the
most interesting in the world. It has been frequently remarked, that it seems to have The question
been reserved to the people of this country, by their conduct and example, to decide in 1788, whether SOCIETIES.the important question, whether societies of men are really capable or not, of estab- or MEN could
lishing good Government from  reflection and choice, or whether they are forever mentabl.ish v
destined to depend, for their political constitutions, on accident and force. If there be
any truth in the remark, the crisis, at which we are arrived, may with propriety be
regarded as the tra in which that decision is to be made; and a wrong election of the
part we shall act, may, in this view, deserve to be considered as the general misfortune
of mankind.
The question in.that day was undoubtedly, not whether this onre The -Federalist truly Fedpeople of the United States could institute a Government, but whether eral.
"' these Societies of men," these sovereign States, could perform that great
work. From that extract to the end of the volume, is it true in the main
to the principles its title forcibly indicates. And it is because reference
must be made to almost its every page, that it is not deemed best to
occupy space in these volumes with many extracts, particularly as a new Dawson's new:
and corrected edition is now in press.  Both the new and the Hallowell edition.
edition will be referred to by page or by chapter, so that each reader A copy of theo
F'ederalist
must get the Federalist, if he would understand these volumes; and if must be obhe will obtain it immediately, and study it thoroughly, it will be an excellent means of preparation to understand our governmental system.
The chief point of dissent in these volumes from  the teachings of the Thesevolumes.
Federalist will be, concerning Madison's idea of "national" features in inpt acsodMa —
the Constitution, which, it will appear, Hamilton had shown in the Con- non'a "nation —
al" features.
stitutional Convention, were truly Federal, as he does again in the Federalist, and which, more remarkable still, Madison -himself admitted to
be Federal, not only in the Constitutional Convention, but also in the
Federalist.
1 There are numerous letters bearing upon this examination, which have not been published. Copies of old
Also old tracts and old books that are scarce, which would be of invaluable service in this compi- letters, tracts,
lation. If parties ha{ving them will give me information, and allow the use of the originals, or the and books,
obtaining of copies, they will render an essential aid, for which due acknowledgments will be wanted.
made. Any information relating to the organization of the State or -Federal Governments, or important facts in the Administration of either, will be acceptable. Particularly is information desired touching the State Conventions of Ratification, and the Administrations of Washington, John
Adams, and Jefferson, and the threatened Secession of New England. Early acquaintance with
any documents giving such information, is desirable.
6




82                Our Fwderal Union: State 11ights and  Wrongs.
1or th e      Having learned from unquestionable documents, precisely what GovMust have   ernment we have; examined our wrongs both of the North and of the
Union.
South, which will prove that it is not the principle of Federalism which
DesertingEeder:lism caused has caused our difficulties, but our desertion of it in every instance; we
our troubles.
must then in the sequel look a little into other Governments; in order to
Rome an ex- appreciate our own. Rome will speak strongly to us in behalf of the
ample in favor
of Federalism. Federal principle, as we see how easily, in a single State, a Julius or
Octavius Caesar, under favoring circumstances, can become possessed of
French thRe-  the Sovereignty; and in trumpet tones will " the Republic one and indicpublic.
public.    visible" of France, warn us of the rock of consolidation on which she
The British  split.  The British Government will have been fully discussed, and its
Government. many and great excellences considered, and at the same time its utter
Examples of inapplicability to us will be apparent.  Then, when we shall have examConfederacies. ined the Confederate examples of the Hebrews, the Greeks, the Dutch
and Swiss, and observe the improvements we have made, and may yet
make, we shall come to a determination, I trust, to maintain our institutions and our Union, so wisely established by our fathers under Providential direction.
Our choice,   Certain it is, it seems to me, that no American patriot can understand
Despotism or
Federalism.  these things, and not be a firm Federalist, whether he has confidence in
free Governments or not.  However earnestly we might desire a change,
we must adhere to the system of our fathers, and LET WELL ENOUGH
ALONE. Despotism or Federalism is our only alternative.
Another polit-'We must organize one more political party.  The word Democrat
ical party
needed.    does not express what we want.  We never could endure simple Democracy, in which the People do all things themselves.  We operate by Repwe areallRe-resentatives,  which is Republican.  We are therefore all Republicans,
publicans.
and why not call ourselves what we ire?  Few wish that we should be
a single Republic, a consolidated State.  If not, and Union is desired, it
We-are-mostly must be a Federal Union.  There is no other.  We are therefore nearly
Feder      alFede  ralis tsederalists, and, being all Republicans, why not take..to ourselves the
Anew party oi appropriate party name of FEDERAL REPUBLICAN?  Thus uniting the
PuBLIRcALsB  sons, grandsons, and great-grandsons of all the patriots in the North, who
struggled for supremacy at the beginning of this century, under the rival:names of Federalist and Republican; joining not only in name but in
heart, inscribing -upon our banner-OUR FEDERAL REPUBLIC, WITH ALL
ITS RIGHTS AND INSTITUTIONS, shall we go forth to certain victory.
Errors as to  How differently will this war be waged when we ascertain its true
the war.
nature and object I Many suppose it to be, on the part of the North, a
It is not    war to subdue "rebels"; a war of conquest and of subjugation.  It is no
against
"rebels."   sucl thing, as the examination will prove.  The Confederates are no
"rebels," according to the proper acceptation of the word.  Rebellion is
ToDD'S John. defined." insurrection against lawful authority," meaning, of course, within
DAN, RICm- the boundaries of that authority, for we have learned from  Story that
laws have no power-beyond.  Had citizens of the Southern States begun
war at Sumter prior to their ceasing to acknowledge the "lawful author



Introductory  Comrpend.                                 i3
ity " of the Government of the United States, it would have been rebel- ~ r. To the
lion.  But they had cast off the authority of the United States, and mnust have
Union.
assumed that of the Confederate States, and so far from their soldiers he So   ht
being rebels in fighting the United States, they would have been rebels in "rebellion."
against the Confederate States, had they not obeyed the mandate, and We are in war
with the Conattacked that fort.  We are at war with the Federal Republic of the federate
States.
Confederate States.
We are in no war of aggression, as we shall see, but in one of-.de- The war defence.  Our carrying it into the enemy's country, does not make it a war fensie
of conquest and of subjugation. - We can take it-where we have power,
and still is it just and defensive, until we have secured our rights jeopar- -for Statedized by the, attack. We are fighting for State rights, the rights of these rights.
Sovereignties, of which the South are endeavoring to despoil us by force
of arms.  Adopting the contrary and wrong idea, making us the attack- Our wrong noing, aggressive party, has been the most effective means of consolidating tions united
the South, and no wonder is it they have united so heartily for the defence
of their hearthstones and their every right, which from our own gasconading declarations they have believed endangered.  And while the foolish -and divided
US.
bombast has united our opponents, it has divided ourselves.  The people
of the North rallied, in the beginning of this contest, almost as one man,
to defend our Government, unjustly, unnecessarily assailed; to protect
our rights in the Union.  Though not well understanding the theory, the The people
right in pracpractical good sense of Athe people, as we shall frequently have occasion tice if not!
to observe, has kept them in the path of: duty.  Despite the mismanage- theoryment, the want of plan and purpose, the disgraceful folly, the iniquitous
usurpations of the Federal Agency, the people -have nobly stood by our -have nobly
Government and their State rights; and when some master hand shall sustained their
Government,
portray this grand: subject as it deserves, a stronger confidence than ever ingoitshstandf
will be given, at home and abroad, in the adaptation of our Governments Aidministrato these Peoples, and of these Peoples: to self-Government.  The victims
of outrageous usurpation, of infernal tyranny, even in this land of strong
safeguards to protect the people from oppression, their rights from trespass; -neither the victims nor their sympathizing friends have precisely
understood. the theory: of their wrongs, though they have learned full well
the- ractice is most unbearable.  Patiently or impatiently have wrongs
been borne, which the fathers never anticipated would be possible, and
which had they foreseen, this Government had never existed.  In spite
of their wrongs, have they- generally sustained their Government.  Not- We are not in
withstanding the errors of Administration, endeavoring to change the aquest and sub
character of the war from one of defence into one of conquest, have the jugationL
people rallied for the support of their Government.  At least two thirds,
probably seven-eighths of the Northern people, have no -desire to subdue
the South, any further than is necessary to reestablish the just rights of
these sovereign States, -yet have they had to fight in armies vauntingly
and lyingly termed armies of conquest and of subjugation. i
Precisely where the philosophic De: Tocqueville thought was our chief




Ourc Fderal Union: State Rigihts and  Wrongs.'o11.T the  danger of failing, have we proved ourselves strongest; in the power of the
North: we
mus't have   Federal Government to conduct a war. In the South has it been well de.
Union.
Government monstrated, amid all the difficulties and embarrassments of organizing a new
strong where Government; but under the circumstances, is it still more remarkable in
De-:Tocqueville thought the North. The repeated checkings of enlistment, the attempted change
it weak.    from a war of defence to one of conquest, and the many incidental follies,
have checked the enthusiasm with which the people first rallied; yet has
the sober judgment, the sound sense, the firm resolution, that should
characterize free Peoples, kept them steady to their purpose and to duty.
Almnststudy    From  the President down, must we all study into principles, and
into principles*      learn our rights and the character of this war, and thus we shall unite
ourselves and divide the Confederates. There is not a copperhead DemoNo one wants
dishonorable  crat in the North, as true Union men are derisively called, who wants
peae..TeB  h not peace on any other terms than those of honor and the maintenance of.The-No'tlh not every State right.  Not a word have any of us to say for peace, till the
tospeak peace. South want it.  The first step toward peace and reunion, is the most vigvi~grous war orous prosecution of the wvar; and if half a million more troops were
called at once into the field, it would be the best peace measure.  This
can be done, and the people will rally under their banners with the same
principles.   hearty enthusiasm  that characterized the beginning of the conflict, if
rulers and people will study into and understand the principles of our
Government.
Achange ne-    But to have this unanimity among ourselves, the war must be differceeasary, in the
conduct of the ently conducted.  If in a just, defensive war, let us wage it accordingly.
wari
The destruction of private property has been immense and unnecessary, is
contrary to every principle of International Law, and most disgraceful to
us. Never will the South propose peace, until we reform in our mode
of warfare. There seems not to be the least conception of private rights,
and continually are such paragraphs published, as the following from the
Richmond Enquirer of May 15, 1863:
Th -North      There is evidently to be an active summer campaign.  The plan of the enemy
waging unciv- seems to be to keep our attenti   tly excited at every point at once, so that no
ilizeda warfare.
part of our whole wide frontier may be freed from the urgent immediate apprehension
of an attack. Then they can' strike where they think our line is weakest, or where
R1ComOND   our defenders are least prepared, and if repulsed they can retire and direct a blow at
-EaQIRER,'-  some other quarter. In the meantime they can bag much plunder and cause much
sorrow, and heart-break our people by expeditions through thinly peopled regions
destitute of. troops. They: can also force more and more of our people within their
lines to take their hated oath for a quiet life and to save their property from confiscation. Thus they can both demoralize and rob us within our own borders, preparing
all the while for serious assaults, and delivering them just when they are ready and
where they choose.
Activity of the   It is hard to say at what point they are most active just now. If one looks SouthNorth.     westward it would seem that the State of Mississippi is the region of most extensive
operations. Immense armies are gathering in and around Vicksburg, and while
preparations are in progress for anew assault upon that place, the back country is
devastated and the people plundered by cavalry raids; but at the very same moment
Charleston is kept on the qui vive by energetic preparations for another attack by sea
or land, or both at once. The object may' be only to prevent General Beauregard




Introductory  Compend.                                      B
from sending away any of the troops which now defend Charleston. At the same   11. Tea.he
North: we
instant Burnside threatens East Tennessee; and Hooker, largely reinforced, is ex- mNust hae
pected to cross the Rappahannock somewhere or anywhere from Culpepper to Port Union.
Royal, to keep some of our forces employed in the defence of Richmond. Reinforcements
are sent to Fortress Monroe, and lest any part of the country should [not?] have to
resist, the enemy's gunboats are harassing North Carolina. In the Raleigh Progress,
of the 13th inst., we read "gunboats continue to prowl up and down the Chowan and
Perquimans rivers."  They steal negroes, silver ware, jewelry, and everything they Whattested.
can lay their hands on, and have broken up a number of fisheries. They stole some
four thousand dollars' worth of jewelry from a man named Cook, breaking up his
furniture and committing other depredations. In one instance they entered a soldier's
house and broke up his crockery and furniture, &c. Five or six thousand Yankees
are reported in Plymouth and several gunboats are in the Sound. There is no enemy
at Edenton or Elizabeth City. They recently burned a mill on the Chowan river, the
property of Mr. Haye, situated a mile below Winton. Some persons entertain the
idea that the forces at Plymouth meditate an expedition up the Roanoke.
The great numbers of the enemy's forces and the multitudes of their shipping Our peuer admake it easy for them to carry on simultaneously all these operations, and they do not mitted.
care for delay, for it is our people who are suffering, not theirs. The longer this Our object,
style of warfare lasts the greater will be the mass of plunder carried North. The plunder.
more of our mills, machine shops and railroads they will have destroyed, the more of
our national resources they will have ruined and wasted, and the better chance they
will have for an irresistible advance at last. They are in no hurry. Last year, indeed, In no hDory.
there was urgent haste to get the rebellion crushed in thirty days, or in ninety. Now
we hear much less of that vehement urgency, and the whole Yankee nation seems to
have laid out its accounts for war as the settled business of life rather than consent to War our-setpeace and separation. They are perfectly willing to fight upon the present system for
twenty years or forty. They are willing, during all that time, to go on submitting to
such defeats as they have sustained at Fredericksburg and on the Rappahannock, We do Mt —re.
because by these defeats they lose not a foot of ground-they lose nothing but men, gard defeats.
and men are of less value to them than to us. To kill one thousand Southern soldiers
they would be willing at any time to sacrifice five thousand Hessians to sustain a
repulse, which they would, however, — represent as "a mere retreat for strategic reasons," and rather honorable than otherwise, and they would regard the transaction as
a rather paying one on the whole.
One thousand gallant Southern lives lost to us, are ill balanced by the killing of Our object to
five thousand of their base hirelings.  Jackson alone is a dearer loss to us than wear the
South out'by
HIooker and his whole one hundred and fifty thousand would be to them, and then a long war.
they speculate that it may be Lee's turn next or Longstreet's, and that at any rate
they are killing us slowly off, and they are, in the meantime, stealing much and
ruining more; and their women and children are safe at home, many of them dressed
better than ever before in the spoils of our homes, while Confederate women and
children are routed out of house and home and chased like wild beasts. In short, if
we can endure this war for the next half century they can, and they will wish us joy
of our victories and our glory. We urge nothing, suggest nothing, hint nothingonly state the facts. Such is the policy of the enemy-such is his calculation-such
is his interest and intent.
No doubt the wrongs are often much exaggerated, but very many are, Our armies
made to dis'
alas I too true. An infamous wrong to the whole North is it, that its armies mrace, instead
should be made to bring us contumely and disgrace, instead of glory and the north.n
renown.  Were we in a war of conquest, the consequences of our misconduct would not be so deplorable.  Rapine and burning of public libraries, Destriteon of
State houses and private dwellings, might be necessary. to subdue an propertyobstinate foe; but not in such a war as this.  No matter that recompense is to be made for the property destroyed; much of it, money can




Our Federal Union:  State Rights and  Wrongs.
yorth:owthe, never replace.  The destruction of private papers, and of historical docunutt have   ments in the classic ground of Virginia and the Carolinas, has been
Union.
— of luablO  immense, and the loss irreparable.  It is one of the most lamentable
papers.    occurrences of the war.  Let this cease, and every effort be made to preWrongs i done serve and to return documents of value.  These wrongs have been done
by soldiers and by officers in ignorance. Never would they have disgraced their cause, and the stars and stripes, in these wrong acts, had they
known them  to be wrong.  They were fighting their enemy, and supposed that war meant- to do him all the harm they could.  That is the
e. mlust   warfare of brutes and savages, not of civilized and Christian Peoples.
change and  Let us wholly change our course, and wage this war according to the
wage a just,
dejossive war. Law of Nations, as a just, defensive war.
We can and    The above article is full of instruction and encouragement to us to put
will endure a
J18t and d-e- this war upon its proper basis, that of justsice and -defence.  Let the South
/e/na'sVie war,.
or fifty years, well understand that such is its character, and that it is to be waged
if neeessary.
accordingly; and they will soon see, that something else than arms must
be employed to enforce their supposed rights of Secession.  "We can
endure this war for the next half century," and what is more, we will, if
it be necessary to defend our just rights.
International  The rule of International Law is to be applied to another important
Law applied to   -
the Negro.   question, that of the Negro, which materially affects Northern unanimity,
and also our rights in the prosecution of this war.
Rights of sla-    However unwelcome the truth may be to the few fanatics, whether
very rest on
the Law of  truly philanthropic and sincerely loving the slave, or devilishly malignant
t   and hating the master, the whole question concerning the negro in slavery, rests upon the solid foundation of International Law; and every true
Neessity orf patriot in the land will be relieved in obtaining correct information, as to
instruction in
tho.Law.    the relative rights and duties of Northern citizens, of Northern States, of
the Federal Government; to Southern citizens, to Southern States, to
the Confederate Government, according to the Law of Nations.  It will
not be expected of me, a mere novice in this deep science, to offer instruction on a subject so far exceeding my feeble comprehension, and with
Woh taeachrs, the anxious public, shall we wait on such competent instructors as Doctor
Lieber and Professor Bowen, who in their Political Ethics and Economy,
have shown so much correct conception of true principles, and only need
Sovereignty  to reach "that foundation," "that root," upon which their admirable
the- foundationa      superstructures really rest-STATE SOVEREIGNTY, the Right of Command,
which, GoD be praised, in these free States, abides in the Peoples.
Was rrotins,    If it be the myth Doctor Lieber seems to make it, then Grotius
and even GOD,
mistaken as to and the great writers down to Vattel, were sadly mistaken in their fundaSovereignty?.
mental basis; Aristotle was a fool; and even Almighty Wisdom seems
Why the re- to have not understood this Right of Command, for Samuel was instructed
monstrance
with- the He- to remonstrate earnestly with the rebellious Hebrews, because they would
brews?
1 &..iii. have a king, in order to be like " all the nations." The Doctor has very
A caution as to judicious cautions against erroneous use of the Bible, which is made to
the-use of the
Bible.     prove all sorts of absurdities; yet it does seem in this case, as though GoD




Introductory  Compend.                                   87
thought His people were about to grant, (I should say,) their Sovereignty l 1r. To the
to one man, creating a Monarchy.  Yet Doctor Lieber says: "It appears must have
then that Sovereignty is a power and energy naturally and necessarily LIEBER, Po/ir
inherent in society," &c.  "Society never can delegate or pledge away i,,al Ethics,
Part I; p. 250.
Sovereignty, and, of course, never have done so."  What was it then, the What did the
Hebrew  tribes parted with? or parted they with nothing?  In what did HIebhews part
the change consist, which GoD Himself seemed to think so great and
terrible?
With all deference to the superior judgment of Doctor Lieber, " It Sovereignty
does [not] appear then [at least not from the teachings of Aristotle, Gro- from power%,
tius, and Vattel] that Sovereignty is a power and energy naturally and
necessarily inherent in society."  That was 4ocke's idea.  Sovereignty
has, to be sure, by Hobbes and Pufendorf, with great propriety, been
likened to the human soul, as the source of the power and energy that move
the limbs of the body politic; yet strictly and correctly speaking, Sovereignty- is not the power itself, and Doctor Lieber himself in another passage discriminates with nice accuracy between Sovereignty and Supreme
Power.  Sovereignty is not the Power, it is not the Authority, it is not
the Command, but it is the Right of Power, the Right of Authority, the It is the Right
Right of Command, as Vattel so beautifully and correctly declares.  Su- of power, of
preme Power, Supreme Authority, Supreme Command, is the superstruc- Command.
ture, resting upon " that foundation and root," the Right of it, which is
SOVEREIGNTY.
Nor is this Right" naturally and necessarily inherent in society; " if,
as it seems, the author means by "inherent," inalienable, untransferable.
Like any other right, it may be granted away; not merely delegated, but This Right
may be
actually, entirely parted with.  There is no such thing in a civil State, granted.
as an inalienable right, however it may be in that fanciful state of nature,
into which no man on earth can get.  Our life, our liberty, our property, We are under
absolute subour everything, is alienated to the STATE of which we are the subjects; jection.
and by its Sovereignty, its Right of Command, does it take any of us to be
a soldier, to be a legislator, to be a president; by its omnipotent Right,
does it take whatever of our property it requires; and if we be not true
and faithful liege subjects, it has the Right, clear and unquestionable, to
take our very lives.  Into such a STATE is every child born, and the Everybody a
instant he breathes the breath of life, he becomes a subject of that State ubject
and of its Right of Command, and must so continue till he chooses to
change his allegiance, and become the subject of another State.
This Right may be actually granted away.  The Hebrews did this Sovereignty
granted by the
when they made Saul king, and they did it again when they made David Hebrews —
king. Our ancestors of England, when their Right of Command reverted -by the English.
to them by the abdication of James II, granted it to William III, (not to
William and Mary.)  Usually this Right is inheritable like other Rights, It is inheritable.
but in some: States, as formerly in Poland, it reverts to the people upon It may be rethe death of the king, and is then again granted to another.  Doctor granted.
Lieber seems to have been thinking about some other sort of Sovereignty rect.




88               Our Faeral bUnion:  Statd Right'1  and  Wrongs.
11; To tho from that of Grotius, when he says, " Society can never delegate or pledge
ortlh: we
must nhave   away Sovereignty, and, of course, never have done so;" or more probUnion.
Sovereignty ably he intended a nice use of language, and has had his usual success,
never delega- for it is literally the truth, that " society never can delegate or pledge away
Sovereignty." It either keeps it altogether, or actually grants it —a distinction which it seems that John Adams, clear-headed patriot as he was,
never comprehended.
Our wise men    It is to be hoped our wise men will again examine principles of Interto examine for
our "founda- national Law, and, if possible, come to some better understanding of this
tion."     vexed subject of Sovereignty.  Every right in these States rests upon it,
and we must search " that foundation and root," before this war can be
Dr. Lieber  ended and a new Union famed.  Doctor Lieber correctly estimates the
Hookerds   value of Hooker's Ecclesiastical Politie, in establishing governmental
principles, and as he particularly admi're Book VIII, he will be pleased
Hooker's Book again to recur to it and observe the remarks in chapter ii, ~ 1, 2, &c., upon
VIII worth
examining.  "I Definitiqn of Supreme Power," &c., which, if not in accord with Grotius
and Vattel, is misunderstood by us. It is this Book which concludes his
great work, to which he doubtless refers in the extract already made,
Sea, p. where he advises to patient examinatick and says, " What may seem dark
at the first will afterward be found more plain." He remarks, too, in
the same extract, that "for better examination of their [the laws'] qualIt discovers  ity, it behoveth the very foundation and root, the highest well-spring and
"that foundation."     fountain of them  to be discovered."  And if it be not here done, and
"'that foundation and root " be not the R~iht of Command of Vattel, we
are sadly out in our reckoning.
Discourage-   It is indeed discouraging when one reads such profound, excellent
ments in seeking "that   works as Doctor Lieber's Political Ethics, Lord Brougham's Political
foundation."
Philosophy, and M. Guizot's History of Representative Government, and
sees such elegant superstructures reared, entirely ignoring " that foundation" upon which all just Government must rest, the Right of Command;
it makes the task almost hopeless that "that foundation" is ever again
" to be discovered."  Surely it is not becoming in me to attempt to teach
counter to these great and good men, and the folly will not be committed;
but it will be a heavy disappointment, if these and other wise men do not
decide, upon further consideration, that it is best to rest Government upon
Grotius and  the Right of it-upon THE RIGHT OF COMMAND.  That is Hooker's fcunVattel have
Hooker' s    dation as well as Grotius' and Vattel's; and, though the system has its
foundationn. imperfections, as have all things human, is it not the best to be found, all
things considered?
It is taken for    Taking it for granted that no essential difference will be discovered
granted our
bystem rests  between Hooker and Grotius, &c., and that their "foundations " will be
on "that foundation."    taken as the basis on which the magnificent governmental superstiactures
of Britain and America have been established, we beg leave to intimate
a few principles in International Law, which will be found to regulate
and control the exercise of that Right of Command; not the Right itself,
but its exercise.




hAttroductory  Coo'nt d.                                     89
Every State is of its own nature possessed of Sovereignty, a Right ~ o1. To the:North: we
of Command, absolute and uncontrollable, which is precisely what the must nave
word indicates.  This right may be in the possession of the many, the Every State
few, or the one, never of the totality till a new sort of State is invented possessed of
Sovereigntyhitherto unknown in governmental science. In these three forms, De, -either in
mocracy, Aristocracy, and Monarchy, it is requisite that the exercise of oe the fthe y
that Sovereignty should be controlled by checks and balances, owing to Its em"erCi s
the fallibility and imperfections of the parties to whom  the exercise is in- -not the
trusted; yet, nevertheless, the Right of Command itself is perfectly ab- Right itself'
solute within its own domain. Further, as already remarked, every man, Everybody a
subject.
woman, and child living on this planet, is a bonafide, complete subject, to
some one of the Sovereignties. Over every one of its subjects, has each Sovereignty
Sovereignty full and absolute authority, and not only does it require this absolute.
subject to perform this duty, and another to do that, as before observed,
but it also fixes the status of the different subjects, according to its sover- It fixes the
status of the
eign will and pleasure.  Equality in the subjects is never sought, but, on subjects —
the contrary, inequality; the chief object of the best Sovereignties being -creates into protect their faithful liege subjects to the utmost extent, in their acqui- equalty
sitions. of good, whether intellectual or physical, whether in power or in
property, or in whatever else man rightfully desires. The masses of
mankind have never risen to high eminence, and the more the ambition
of subjects can be stimulated, the loftier their attainments in the paths of
true excellence, the more genuine aristocrats can be made; in short,
the greater the inequalities that can be established between other orders The more in.
and the lowest grade of subjects, the more perfect is the STATE, the better the
State.
more properly is its Sovereignty exercised.  All the equality that is or What equality
should be sought for in a desirable State, is the equal privilege of equal is desirable.
subjects, by equal laws and equal justice, to preserve the inequalities that
good fortune, genius, and industry enable them to establish.
Some States, in order to institute permanent inequality, grant titles Some States
and privileges with primogeniture inheritance, and entailment of estates; equality.
and where the Sovereignty is granted by the People to one, the system
of nobility unquestionably possesses great excellences, as our mother-land
has well proved in its centuries of experience.  Our Monarchs, the Kings Our monarchs
and Queens of those of us who are Angrlo-Saxons, made of some of their did thisliege subjects, Princes, Dukes, Earls, and Barons; others they permitted
to have a voice in the election of certain agents of the Sovereign; others
they required should be simply subjects; and yet others they allowed to -sllowed
be brought in as slaves, who were as perfectly subject to their masters, some of their
subjects to be
as are the subjects to their king, or as are the subjects in a free State, to slaves.
the State itself.
International Law has not established this right of a State to create international
Law creates no
these distinctions and inequalities, it simply regulates the exercise of that right, only regulates its exerright; and the BIBLE, the leading text book in the great Code of Na- cise.
tions, sets the example worthy of all imitation.  Read in the twenty-first The Bible regchapter of Exodus, the earliest laws recorded concerning master and slave. ulates slavery.




90                 Our 2ewderal Union: State B]igidts and  Wrongs.
~ 11. To the The Bible is quite a practical, common-sense book, and instructs as to
North: we
must have   what is right and best for us in this fallen condition.'We are liable to
Union.
war, to robbery, to slavery, to oppression of every kind; but so far from
war and slavery being reprobated as are robbery, adultery, oppression,
and other heinous offences, even the Bible authorizes both of the former
by giving instructions concerning them.  They appear to have been reSlavery and      
war necessary garded as a necessary evil, till of late years some excellent philanthropists,
evils.
so super-excellent as to seem to be more loving of peace and of the slave,
-than were the Apostles, or even our blessed Saviour himself, have set to
work to rid the world of this odious wickedness, which the Sovereign of the
Rights of 8ia- universe Himself has recognized by positive laws.  But we do not propose
very not to be to discuss these questions here or elsewhere; that of slavery, in particudiscussed.
lar, belongs exclusively to each State, and we shall confine ourselves
strictly to points of International Law affecting Federal relations.
International  Nor does International Law  permit any State to interfere in any
Law prevents
interference  shape or manner with the status of the subjects of another State.'Each
in fixing the
status of sub- one does what it pleases within its own domain, and if the Sultan of Turjects,
jkey sees fit to bow-string an innocent but offending vizier, other States
must not interfere; and though the Sultan has no right to go to the Caucasus and by force of arms to steal and carry away the young maidens,
yet if any are brought into his dominion as captives, no matter by what
The Sultan a right or wrong they were enslaved, it is his privilege under the Law of
Cautcasiahnsd Nations, to buy and keep those girls in slavery, though they are of our
slavery.    own race, and of the country which has the eminence to give the name to
our race, the only one that we know was created in GoD's image. If
States could ever rightfully interfere with another State in fixing the
A Christian  status of its subjects, it would be in this case of Turkey; but the Chrisinterfere with tian State, obedient to the principles of International Law, will not interthe Turk.       Sr                              s
vene even to correct the Turk's flagrant wrong.
Our British    Our English and British Monarchs, in fixing the status of their submonarchs al- 
lowed the en- jects here in America, by legitimate authority, allowed the bringing in
slaving ofAfricans.      of captive Africans.  They had been stolen in unjust, outrageous wars,
waged almost solely for the purpose of capturing the natives in order to
sell them to the slave-buyer on the coast, to be transported to America;
The master
protected in yet was the traffic legal under the International Code, and the king's
his'rights by
his sovereigin. liege subjects had the Royal protection and the aidof Royal laws which
Right of slave- they aided their Sovereign to enact, to enjoy their rights as masters, and
holding not
the creature oftransfer them  to others.  The idea is prevalent that slavery can only
Law.       exist where civil laws have beenr enacted, creating the right of slave-holdThe:Lase ofg- ing. This seems to be erroneous.  " The Law of Nature and of Nature's
nizes the    GOD," has sanctioned it as a natural right of man; and then the Civil
right-the Civil   Law comes in to the aid of International Law, for the maintenance of
Law aids i  that natural right, and for the more perfect regulation of its exercise.
A Sovereignty.Another prerogative of the Sovereignties, is to declare what shall be
determines   deemed property within the boundaries of that State.  Some States recwhat is property.  -.    ognize the rights of property in a dog, others do not; some in a full



Introductory  Comrpend.                                      91
blooded African Negro, others do not; some in a.quadroon or octoroon,  11. To the
y           N Iorth: we
others do not.  International Law  leaves to each State to establish its must have
Union.
own custom as to property, though it clearly recognizes what is generally A slave recogregarded as property; and particularly concerning rights in slaves, Gro nized as prop-1                            7      erty.:tius and Pufendorf are thorough and explicit.  Then comes in the prerogative of the Sovereignty to regulate the rights in property, and their Laws reg1ulato
its transfer.
mode of transfer.  In all these respects our Sovereigns of England and
Britain down to George ItI, seem to have conducted their Colonial affairs Our Colonial
rights well esstrictly in accordance with International Law, though some acts were noP tablished.
doubt inexpedient.  So that at the time of our separation from the moth- Slaveholding
is included.
er-country, our institutions had become well established, and every Colony 
recognized and protected property in slaves.
Nor was any change made by the Revolution in our rights according The Revolution did not
to the International. Code, except to make the principles apply to each change those
one of the bodies politic, which, from having been a Colony, had become rig
a free and independent State.  Our Declaration says, that being about Each State en"to assume, among the powers of the earth, the SEPARATE and EQUAL titledtolnterstation to which the LAws  OF NATURE AND OF NATURE'S GOD entitle
them," &c.  Those "Laws " are this International Code, mainly as expounded by Grotius, Pufendorf, and Vattel, and these States having "the
separate and equal station " among the nations, to which the Law of NaNo -right in
tions entitles them, there is no more right nor power in Massachusetts, or Massachusetts
to interfere
Britain, or Russia, to interfere in the status of a subject of Virginia or with Virginia.
California or Iowa, than they have in Turkey.  These States, it is true, The Federal
have created a Federal Agency, which in certain affairs is authorized to Agicted ireinterfere with a State; and committing all foreign relations to that Agen- interfering.
cy, they wisely committed to it thle right of naturalization, whereby a Nfafrailizntiob
subject of a foreign Sovereignty, who desires to transfer his allegiance jects.
and become a subject of one of these Sovereignties, can do so.  But there
is no suoh nonsense in that oath, as to make the man swear allegiance to No allegiance
to the U. S.
the Government of the United States.  He simply swears to support the Governuent.
Constitution and laws, which, by the omnipotent will of some one of these
Sovereignties, to which he is to be a subject, has been placed over him.
The privilege of fixing the status of subjects, is of highest moment in The question
of Citizenship.
free States, because it involves the determination of who are to be admitted to the august privilege of Citizenship; and it appears, that for a
strong State-rights man like Chief Justice Taney, his decision in the Judge Taney
in the Dred
Dred Scott case, or rather the obiter dicta, has curious teachings.  There Scott case.
surely is no limit in International Law to the power of a State to admit A State has
an infant, a woman, or a Hottentot, if it pleases, to Citizenship; nor is fll authority
there a word of restriction in the Constitution. Whence, then, becomes ship.
it impossible for New York to say, that if a Guinea Negro is worth two New York can
hundred and fifty dollars, it so elevates him into aristocracy, as that his make  aNegro
a citizenvote shall be equal to that of any other aristocrat; and if Massachusetts
so loves the negro, as that at her polls he shall be allowed to vote even -also Iassawithout the two hundred and fifty dollars, who shall say nay to her black



X        ~        OurCz7Ouv.FcderdaZc a  Union: State Right8 and  TroVngs.
~l1. To the diamond bestowed affection?  Because the Constitution declares expliDlorth: we
mnust hlave   citly, that" The Citizens of each State shall be entitled to all Privileges
Union.
- and immunities of Citizens in the several States," and because New York
International
Law to be re- and Massachusetts and other States are injudicious in making Citizens,
shall the main, fundamental principle of International Law  applied to
Free States, be disregarded or destroyed?
eha  mrW       If our wise men in the re6xamination of International Law and our
dicta of the
Supreme    practice of it, should find Judge Taney was wrong in that case, and Judge
Court.     Curtis right, it will only afford a striking example of the evils of obiter
dicta, which, from  my imperfect examination of the decisions of that
august tribunal, our Supreme Court, affords the chief cause of complaint
against it.
A query as to    This subject will also suggest, whether we cannot make one farther
excluding all
infemrior rtaces advance in the excellences of Federalism, by providing that no inferior
from Citizenship.      race, as Indian, Malay, Negro, &c., shall be admitted to Citizenship in
one of these free States.  Illinois and Indiana have set an example in
this respect it would be well for other States to follow; and it is a point
to be considered, whether an amendment of the present Constitution in
that respect, may not be judicious, relieving individual States from a
responsibility on this point, some of them might not like to assume.  We
in the West have no compunctions as to enforcing and living up to the
doctrine of our lamented Douglas, that " this [Federal] Government was
made on the white basis, by white men, for the benefit of white men and
their posterity forever."
International    If States have an indubitable right to fix the status of their every
Law to teach.
us what to do subject, which, it would seem, our wise men must surely teach us; and
with captured
slaves.    as we are coming in possession by the hundred thousand of those subjects
whose status is that of slavery, it becomes us well to examine InternaThe slave is
property.   tional Law, and see how  it regulates the exercise of Sovereignty under
such circumstances. The slave is known in slave States chiefly'as prop.
erty, and almost literally has he no rights the master is bound to
respect.  Almighty GoD himself teaches this, for He enacted this law:
Joa,. xxi, 20, "And if a man smite his servant, or his maid, with a rod, and he die
under his hand, he shall be surely punished.  Notwithstanding, if he conHis status not tinue a day or two, he shall not be punished: for he is his money." That
ehanged by
running away. is the status of a subject in slave States that is a slave, and his status is
not changed by getting out of his State, particularly against the will of
his master; and if he is gotten back into his State, the Sovereignty has
as full power and authority over him, as has the Sultan over his vizier.
The Statemay Many of them, too, have never left their State, and yet have dared to
rightfully take rise in arms against their master, and their soverein State.  If that Sovthe life of a                       master,
rebelslave.  ereignty shall have delegated to its State or Confederate agency, authority to take the life of that slave for daring to take up arms against his
master and his sovereign State, it is well, and most righteous is it by the
most condign punishment to restrain the slaves from such enormous
guilt; and even if the power be not properly delegated, as it probably,




Introductory  Compend.                                    93
*almost certainly, is, yet is there no authority this side of Heaven, except lol. To the
t  r sieofHavn  xep orth: we
the sovereign State itself, to call the conduct into question.         uniont
That appears to be the rights which we shall probably be taught the
Our wrongs toSouth have under the International Code.  Now, what are we attempt- wvard the
slaves.
ing to do with those slaves, in this just, defensive war?  We are, to our
disgrace, doing all that is in our power, to array the slave against his master, and we make all sorts of promises to induce him to engage in war,
which will take him, if captured,. to certain death; and if not captured,
what is to become of the poor victim, which, for our selfish, contemptible
purposes, we have enticed from his master?  In ninety-nine cases in a
hundred, is a short life of misery and wretchedness, if not of crime, to
bring him to his grave; and the shorter -the better, both for white man
and slave.
As for colonizing the Negroes, we have enough uses for our Federal They are not'"'9~~~ ZD.  ~~~~~~~~to be colonfunds, without attempting any such chimerical scheme; and the day is ized.
not far distant when it will be found, that the Federal Agency was never
instituted to embark in an enterprise, that, more than any other,
would tend to involve us in foreign complications and war. We will not They cannot
live in the
have the Negro in the West, in any considerable numbers,. and the East west.
will soon be following our example; and it is to be hoped that with our
return to reason and to Federalism, we shall be willing to give the South Best to return
good evidence of our sincerity, by the most stringent measures of captur- them to their
masters.
ing and returning to the South, all who have been slaves.  Many will
have become demoralized, and only the severe discipline of the cotton
and sugar plantation will suffice to govern these; but even that will be
preferable for them, both for time and for eternity, to the wretched life
most of them will otherwise spend.
Is it not time that in this just, defensive war, we white men should white men do
not want Nerequire-yes, compel —our Federal Administration to abandon its reliance gro aid to de.fend their
on the Negro? We are abundantly able to protect ourselves and our rights.
every right, against the assaults of the South.  We want no Negro aid
in our defence, and we want to be saved the disgrace, at the end of this
war, of having it said, that the North could do nothing except with the
help of the slaves.
Abundant and pressing are the motives and necessities, of which a Abundantreafew have been named, for our wise and Judicious men in the North, and inin Ifontr examfor our Citizens, to examine thoroughly the principles of International Law, tional Law.
and apply them strictly and fairly to'our'Federal Government and its
Administration. Under any circumstances, too, would it be sensible for
these young Peoples, in the first century of our existence as States, to
heed the advice of our great jurist, and not " disregard the uniform sense Kent's advice
of the established writers on International Law," and thus " arrogantly to beregarded.
set all ordinary law and justice at defiance."  But in this terrible emergency, time must, not be wasted in establishing new truths, however wise No time to create a new systhey may be. We must be content to examine and take the old Law tern-must
and the facts as they exist, and thereby determine what is our form of take the old.




-94              Our Foederal Union: State Rights  and  Wrongs.
ll. - To the Government, and what are the rights and wrongs of its Administration,
must have   and what the rights and wrongs of these Sovereign States.
Union.
Nor will our great and good men be backward in their duty to their
Our good men
will teach us. beloved country, in this its period of most imminent- danger.  Had not
errors. been made by the fathers, their sons would not have gone so far
astray, and our teachers have only followed in the paths of their wise and
The examina-. excellent predecessors. Nor need we fear that the examination will injure
tion to be of no
injury.    the reputation and influence: of our. great and patriotic statesmen, either
past or present.  As a friend remarked of Webster, " You may strike
out all there is in the least degree faulty, and yet is there more of wisdom and excellence, than any ten ordinary statesmen could produce." And
though the wise and honored Madison shall be proved to have committed
the error that has actually led us to this civil war, we shall love and
revere him  far more than ever before, when a candid examination shall
show how much he has done for his beloved country.
Our statesmen    If our living statesmen find that serious misconceptions have led to
will restore us
to Federalism, our present calamities; if the mistakes that are fancied shall be found
and recon-     p
truckt our  to have a real existence, they will rejoice in the opportunity afforded,
and by magnanimously acknowledging and correcting the mistakes, they
will become our noble leaders in measures soon to end this war, to take
back these wandering Peoples to the blissful fields of Federalism, and
speedily to reconstruct our broken Union.
~ 12.-To THE SOUTH: BENEFITS OF EXAMINING INTERNATIONAL LAW.
All our States: Au we have seen, the Declaration of Independence declared a neverentitled to the
Lnaw of Na- dying truth, that the original Thirteen States were to have and enjoy " the
tions.
separate and equal station to which THE LAWS OF NATURE AND OF NA-:Ses p. 45.   TURE'S GOD entitle them."  There was never a word said about such a
Mason and  line as " Mason and Dixon's," and the States north as well as south, and
Dixon's line
unkuown.   south as well as north, are supposed to be entitled to all the benefits
resulting from "THE LAWS OF NATURE AND OF NTATURE'S GOD."  If
Laws of value these laws are good and efficacious, their power will- be seen, as in every
runeshn btd to other system of law, not only in punishing the subjects who do evil, but
instruct-   in praising them who do well; not only in preventing wrong by the for.
cible exercise of authority, but in the instructing of the law-abiding in the
path of duty.  The observance of law by the good and virtuous, is the
-especially  rule; the punishment for its breach, is the exception.  Preeminently is
the Interna-.
tional, which this the case in International Law, the parties subject to the Code being
gives no right.f coercion. of such a nature, that no earthly authority can be instituted over them,
with the right and power of punishment.  The entire system  rests on
rectitude and honor, and on the principle, that what is for the best good
of all States, is truly for the best good in the end of every State; and
therefore that self-interest will lead every Christian State to careful observance, to faithful obedience of International Law.  The right of punish.
ment has very little potency in this Code, though, as we shall find, these




Introdtuctory  Compend.                                   95
greatest moral persons have a natural right to enforce compliance from ~ 12. To the
South: Exam.
delinquent parties, and so far to punish as to guard against like wrongs in ining Internal
future.  The chief value, then, of International Law, is in its being cor- Knoled
rectly practised, and this depends chiefly upon the amount of knowledge quisite to pracrice.
of its provisions.
Having seen, in some measure, how sadly the North has failed, through The North has
failed through
ignorance and misconception, to avail itself of the immense benefits that ignorance.
should result from a perfect knowledge and thorough practice of " the Laws
of Nature and of Nature's GoD; " seeing some of the States which
declared the never-dying truth, actually in war with some of the very States have
States who joined in making the Declaration, and only by whose joint thre Law and
efforts was it possible to maintain the momentous Declaration; and that gone to war.
this war is in direct. violation of every principle of those " Laws of Nature
and. of Nature's GOD; " and the wrongs in a controversy being seldom Wrongs se1dom on one
altogether on one side, it would seem reasonable to examine a little, and side.
measure the conduct of Southern Sovereignties by the Laws to which, in Examine the
South by rule.
their beginning, they declared themselves entitled.  A law is nothing but
a rule, and "it is a poor rule that will not work both ways; " so that if A Law a rule
to work both
these "Laws OF NATURE AND OF NATURE'S GOD," must govern us to ways.
their. benefit, they should also govern them to our benefit.
While they have far better than we understood the nature of our The South
seem to have
Union, and the application to it of " the Laws of Nature and of Nature's disregarded
GOD," some fundamental principles in those Laws, of special importance some laws.
to States united by a league, seem not to have received due consideration.  Their great teacher left, to. be published after his death, one of the Calhonn's
very best treatises on the Science of Government that has been written. teaching.
Americans will be prouder than ever of the memory. of their fellow coun- Its excellence.
tryman, whose philosophic mind has presented more clearly and concisely
the right, the necessity, and the objects of Government, than any author
I have examined.  The extracts from this posthumous work of Calhoun,
will be. among the most interesting in these volumes, to Northern as well
as Southern readers. So far as he goes in the presentation of principles, Correct as far
he- is irresistible on almost every point,. and puny would be the effort to as it goes
put my feeble intellect against this giant to prove that he had not wholly
comprehended his subject, and that there were points beyond his argument, fundamental and omnipotent, which he had not reached.  But Cumberland
goes farther
Cumberland will be found a match even for Calhoun, and he establishes
the. obligations of pact and faith as being sufficient to bind even Sov- app 14-16.
ereign States, a little intimation of which is perceptible in the quotation
already made.
The South will probably discover, on further examination, that States A Sovereign
State bound
like these of ours, each perfectly sovereign, free and independent, and as by law to keep
such unaccountable to any human authority, are nevertheless bound by pact and faith
" the Laws of Nature and of Nature's GOD," to fulfil their every engage- A promise
ment rightly. made; every one not contravening the end and objects for contrary to a
State's true ins oid.
which States are instituted.  Any promise that would tend to the destruc- terest, is void.




96                Our Foederal Union:  State RighAts and  Wrongs.
12. To the tion or injury of a State, it has no right'to make, and any such is void in
outh: Examining Interna- its origin upon first principles of International Law, that " Law of Nature
tional Law.
and of Nature's Goe; " all others are obligatory, particularly those that
are reciprocal.
The South      Another subject, concerning which the North has been equally ignowrong as to the
Judiciary.   rant with the South, and yet against which the South have manifested
the more determined hostility, is the Federal Judiciary. These States,
these greatest moral persons, composed of those same erring mortals,
States liable to
error.     rulers and ruled continually going astray from ignorance or malice, have
the same liability with their constituent members to error and wrong.
The honorable, Christian Citizen, the main supporter of authority, law
Its correction and order, wishes to live in a State whose blunders can be best corrected,
desirable.
its wrongs soonest righted.  Such a State gives him  best protection for
himself, his property, his family, his every interest.  But the wit of man
We nearest in has been insufficient to devise an efficacious means of State control.  We,
providing
means without without being aware of the fact, have come nearer than any recorded
knowing it. example, to a peaceful mode of correcting the wrongs of Commonwealths.
Our Federal Judiciary is a wonderful improvement in the science of Government, which in our theoretical confusion we have never appreciated.
Dignity of our De Tocqueville better comprehended the dignity of our Supreme Court,
Supreme
Court.     and its importance to our Union, than any American writer that I have
examined. He remarks:
DE TocQuv-    In the nations of Europe the courts of justice are only called upon to try the conVILLE, DemocracyinAmnr- troversies of private individuals; but the Supreme Court of the United States sumica, i, i60.   mons sovereign powers to its bar. When the clerk of the court advances on the steps
of the tribunal, and simply says, " The State of New York vs. the State of Ohio," it
is impossible not to feel that the court which he addresses is no ordinary body; and
when it is recollected that one of these parties represents one million [now two millions], and the other two millions of men [now over three millions], one is struck by
the responsibility of the seven judges whose decision is about to satisfy or to disappoint so large a number of their fellow-citizens.
SoutllCarolina    South Carolina in 1788 ratified the league between these States unit.
~agreedthat the
Constitution, ed; one provision of which, as previously observed, was, that the Consti&c., should be
"'the supreme tution, and the laws and treaties "made under the authority of the United
law."      States, shall be the supreme law  of the land."  The laws and treaties
The United  were, it is true, to be only those "which shall be made in pursuance
States Court
first to judge. thereof," i. e. of "this Constitution;" and had no common arbiter been
appointed to decide whether they were in conformity with the Constitution, each State must of necessity have been its own judge. The impolicy
of leaving each State to be its own judge in the first instance, was selfevident, and the Sovereign States therefore agreed further in the league,
to institute an arbiter between them of higher dignity than any court
ever established, as follows:
CONSTITUTION,   The judicial Power shall extend to all Cases, in Law and Equity, arising under this
Art. iii, ~2.
Constitution, the Laws of the United States, and Treaties made, or which shall be
made, under their Authority;-to all Cases affecting Ambassadors, other public Ministers, and Consuls;-to all Cases of Admiralty and maritime Jurisdiction; —to Contro



Introductory Conmend.                                                  97
versies to which the United States shall be a Party;-to Controversies between two or ~ 12. To the
South: Exammore States;-between a State and Citizens of another State;-between Citizens of inilg Internadifferent States; —between Citizens of the same State claiming Lands under Grants of tiolal Law.
different States, and between a State 6or the Citizens thereof, and foreign States, Citizens, or Subjects.
So  sweeping was this extent of authority, that individual Citizens Individuals
brought suits. against States, as in  Georgia and Massachusetts, and on sued States
further consideration, it being regarded  beneath the dignity of a Sovereignty to  allow  itself to  be  sued  by  individual subjects, the  eleventh Constitution
amendment of the Constitution was ratified by the States; but being
only restrictive of " any suit in law  or equity, commenced or prosecuted -doesnotproagainst one of  the  United  States," it does not extend  to  the  Federal suit.
Ag9ncy; and that may still be sued by any individual, as well as any
State, which shall judge a law, or treaty to be unauthorized by the Constitution, or any act of United States officials improper.' And so long as any
State remained part of "the land " of- the United States, so long as any   aeac  State to
apply to Court
Citizen of the United States remained subject to any one of the Sovereign- for redress_
ties, by which the Constitution was ordained and established, the State or
Citizen was bound by the compact, and by the principles of the International Code, to resort to the court of the States united, for the redress of
any grievances.   Failing there to get its wrongs righted, if the Confed- Failing therh
erates persisted in the wrong, and the best good of the State, according may resist.
to its own,free and independent judgment, required resistance to the
wrong, the State would fail in its duty to itself and its subjects, if it did
not offer that resistance.   For this purpose, its first step is to cease to be Must first sea part of " the land " of the Confederacy. So long as it is part of " the cede.
land," the laws and treaties are to be " the  supreme law," and it must
adhere to its compact.  It violates no compact in withdrawing, because Such secession
no violation of
the league. is void for one of two reasons; either, 1st, that it has already pact.
1 I am aware that the opposite of this declaration is the general belief. It is supposed that It is supposed;
somehow or other, a Sovereignty has been imparted to the United States, which exempts it from U. S. cannot
suit, for the same reason that the Monarch of Great Britain cannot be prosecuted. But a slight
examination into principles will show, that the SovereigntyswvhiCh in Britain abides in the Monarch, in these free States is in the People, the People by States; and it would be a remarkable A strange.
anomaly, that Sovereign States should have subjected themselves to answer writs of their courts, error.
and that their Federal Agency, this mere creature of the Sovereign wills of these States, should
be so far exalted above its masters, as to be exempt from suit. We need to look no farther for
evidence of the necessity of recurring to first principles in order to understand our governmental
system, than this absurd notion that the United States cannot be sued, which is the prevalent belief of our statesmen, alike in the South and in the North, so far as I have examined, and that, too,
against the clear and explicit provision of the Constitution itself.
It has been to me one of the most inexplicable points in this examination, how Southern states- Southern:
men, with their correct ideas of the Federal character of our Government, could have so miscon- errors as to,
ceived this important question of the Judiciary. Jefferson and others well versed in ancient Gov- judiciary int
ernments, had fears of this branch overshadowing the Executive and Legislative; but apprehensions
of danger should not have prevented a trial of any plain and palpable provisions. As before rematrked, the Constitution is to be carried out as it is, till changes are properly made, without consulting hopes or fears.
It must be there are reasons not apparent on the surface, why the parties failed to put in What are the
full operation the Supreme Court, according to the extent of authority in the Constitution. Sure reasons.
are we that nothing in International Law could have interfered with the operation of the courts as
evidently designed, and which was much the most important improvement we made.
No doubt Southern statesmen have been led by our common calamities to study more thor- Southerners
oughly than we in the North, into principles of Government, and this interesting and important have no doubt
question of the Judiciary, has probably been by them already completely unfolded.        examined.
7




98                Our Foederal Union: State Rights and Wrongs.
~S12. To the been violated by the Sovereignties in acquiescing in, or failing to correct,
ining Interna- unjust, unauthorized acts of their Agencies, State or Federal; or, 2d,
tional Law.
that the Compact has failed to promote the best good of the seceding
State, to attain which object only had it the right to join the league.
South chief in    The South, we shall find, more than any part of our country, have
error as to Judiciary.   misapprehended, undervalued, this our greatest improvement in Federalism, the adjudication of wrongs done by these States or by their Federal
Agency, in courts of law, as we shall endeavor to substantiate in Part IV,
Wrongs by the South.
~ 13.-To THE SOUTH: AS TO THEIR PRESENT SECESSION.
Secession.    It also appears that the South need to look deeper into International
though right
in theabstract, Law and understand the doctrine of State-rights in all its bearings, in
maybetiswrodng order to judge withcorrectness, whether due regard has been paid the
"Laws of Nature and of Nature's GOD," in the present Secession.  Although a Sovereign State must be possessed of an absolute right to revoke
its compact and secede from a Federal Union, yet may it not wrongfully
-Norighttodo exercise that right.  Even the absoluteness of Deity is insufficient to
justify a wrong; and what a State might rightfully do under certain circumstances, it could not do under other circumstances. For instance, a
Difference be- distinction seems quite possible to be made, between the rights of the old
tween old and                                                  i
new states.  Thirteen, and the new States.  As to the former, it may be doubtful
whether they have not a right, at will, to withdraw from the Confederacy,
forfeiting their rights therein by withdrawal, and if not forfeited, the
Natural right questions become very complicated; although the other States have a
of States to enforcs treaties. natural and legal right to compel compliance with treaty obligations, if
Secession    they have the power, and have themselves fulfilled their covenants.  The
compicauted,  right of Secession, in either case, seems quite involved; but, as to the
tonewStates. new  States, the complication and difficulties are immensely enhanced,
by the important rights acquired individually and equally by these
Sovereignties in their common territory, and antecedent to States being
formed within it.
The South has    Strenuous advocates of State rights as are Southern statesmen, and
overlooked
State rights in no more earnest and determined than their transcendent importance retheir common
territory.    quires, this weighty branch of the subject is not to be disregarded. Yet,
if it has ever been examined by the South, it has been my misfortune not to
have met with the treatise. Notwithstanding their inseparable connection
with the doctrine of Secession, the pregnant and equal rights of these
Sovereign States in all the territory that ever belonged to them jointly,
seem never to have been deemed worthy of consideration.
Rights east of    We have alluded to the common rights of the States in the territory
the Mississippi.     ceded to the United States, by the original Thirteen States, and lying
east of the Mississippi. It is, however, quite possible, that the Compact
of Union failing to fulfil its purpose, of which in the last resort every
free and independent State is its own judge, the rights in the Southern




Introductory  Compend.                                   99
seceded States, have reverted to the original donors; that is, of Tennessee  1 l3. To the
South: as to
to North Carolina, and of Alabama and Mississippi to Georgia. Perhaps the presentSothe right of eminent domain in the original States, which, with the new T
States, now constitute the body politic of the Confederate States, will give Alabama, and
Mississippi, lethem  an unquestionable title to Tennessee, Alabama and Mississippi. gally transferred to the
Upon the same principle, too, would the rights of Virginia in Kentucky, Confederate
Government.
and in the Northwest, revert to her; but, having with her consent been
formed into several sovereign, free and independent States, we, in exer- tcky and the
cising the prerogatives of Sovereignty, have the right of choice to follow Northwest are
excepted.
our mother or not into the new Confederacy.  We have not deserted
her, but she has deserted us, and has no authority, it would seem, to
control us.
Altogether different from this, perhaps, are the rights of the Sover- Louisant and
eignties constituting the body politic of the United States, in the Territo- tories a differries of Louisiana and Florida, purchased from France and Spain.
Sovereign States have the right and power to do whatever seems best states to seek
their best
to them to promote their highest good, paying due regard to the rights good.
of other States, according to the International Code. One of the most
important objects of a State is to increase its strength, and this may To gain
often be done by the annexation of territory, which is usually effected by ritory may be
purchase or conquest.  When purchased, or when peace is proclaimed acquired.
This done by
and rights determined, the treaty-making power is employed, which in treaty.
these States united, has been delegated to the President and Senate. President and
Senatte have
This appears not to have been well comprehended by Jefferson and his power of
treaty.
advisers, who supposed that, in making the Louisiana purchase, he tran- Jefferson mis.
scended his authority. No necessity could justify an infraction of the Con- judged.
stitution, and, in my humble judgment, he was not guilty of this offence.
Does not the Constitution delegate to the President and Senate the Queries asto
his mistake.
treaty-making power without restriction?  Is not the settlement of a
boundary within the province of a treaty? May not one State, by treaty,
relinquish a portion of territory here and take another there? If inconvenient to adjust equally by land, may not money be used to settle
the difference? Is it necessary that land be a part of the consideration?
Mday not money alone be used?  We had been in dispute with Spain as
to the boundaries, as well as concerning the navigation of the Mississippi,
and the same might have occasioned war with France.  Strict construction of the Constitution was an excellent trait in Jefferson, but it is His example
lamentable that he should have left such an example on record, and it is deprecated.
quite evident he little comprehended the doctrine of State Sovereignty, He did n(st
and the limited authority of Congress, when he conceived that the acquies- comprehntd
Sovereignty.
cence of the two houses in the purchase, in their making the requisite appropriaion, healed the breach of the Constitution.
The cession or acquisition of territory, depends on treaty with foreign Power of
treaty wholly
nations, and the right of treaty has by these Sovereign Nations been In the Federal
absolutely, unconditionally delegated to the Federal Agency. If that Agency.
Agency does wrong, and its wrongs cannot be redressed by the terms of




100               Our Fcederal Union:  State Rights and  TWrongs..tl. To the  the compact, or in some other way, to the satisfaction of the aggrieved
South:-as t
~the present Se Sovereignty, as might have been the case with Maine in settling the
cession.
northeastern boundary, it has the natural right of a Sovereign State, to
If wrong is
done a,tuS, resist the aggression.  But it cannot do this, so long as it is a member of
the body politic of the United States, for it has agreed that the ConstituMust:frst secede.      tion, laws and treaties of the States united, made through their Federal
Agency, shall be the supreme law of the land.  So long as it is part of
Otherwise
bounid to its  the land of the United States, a State is bound by its compact to observe
compact.   its Constitution, laws and treaties; and it was by Calhoun's not properly
Calhoun's   regarding the sacred nature of pact and faith, the only means of obligaliic,n tin jlan  tion between Sovereign States, that he was led to confound the right of
Secession. Nullification with that of Secession. The former is a violation of all principles of natural and International Law; the latter is an incontestable prerogative of Sovereignty.
The Louisiana    This treaty for the purchase of Louisiana was made in 1802, by and
purchase made
tor these. Sov- for the States united, by their duly constituted agents, the President and
r   in ta. the Senate.  The third article of the treaty provides: " The inhabitants
THE TREATY of the ceded territory shall be incorporated in the union of the United
wrVITtH FRttAN CE
for I~ouisian~i States, and admitted as soon as possible, according to the principles of the
Art. aii.                                    I
Federal Constitution, to the enjoyment of all the rights, advantages, and
immunities of citizens of the United States; and in the mean time they
shall be maintained and protected in the free enjoyment of their liberty,
property, and the religion which they profess."
8aves proper-    Slaves were property under the laws of Louisiana, and, according to
ty in Louisnas territory. this treaty and the International Code, there was no power on earth that
could rightfully touch a master's rights to his slave anywhere in that terN(o right any- ritory, till an independent Sovereignty was created, which can do its will
where to interfore.      in annihilating property in a slave, or in a horse, or in land.  Yet, right
confess    in the face of this truth, which will not be questioned by any one examinUsurped'the
right in the  ing the subject, did Congress usurp this august prerogative of SoverMissouri re-'
striction.    eignty, and pretend to annihilate property in slaves north of 360 30'.
Nay, more.  Whereas this purchase had been made for the joint SoverEach State  eignties, and each one of them was bound by honor and its natural oblishould have
resisted.  gations to protect such of its subjects with their property as chose to
remove into this common territory, whether that property were cattle,
The South   dogs, or slaves, yet so little have the Southern States, which have been
have not understood their such strenuous asserters of State rights, understood their rights, and the
rights —never
brought a suit. admirable provisions for their maintenance, that never has a suit been
brought in the Federal Courts to redress this weighty grievance, and very
few have even known that the grievance existed.
Again wrong    And now, suddenly arousing themselves to this doctrine of Stateas twState
rights.    rights, they would over-ride all rights of pact and faith.  The Louisiana
purchase, I again repeat, was made by and for these joint Sovereignties,
The territry through their Federal Agency.  The territory was bought for and bewas the prop- camle the joint property of these united Sovereignties, and the rights
erty of the
States-    thereof inured to such as then'constituted the body politic of the United




Introd ctory  Compend.                                  101
States, antecedent to the creation of a State in that territory.  As a  1 81. To the
South: as to
province had it been transferred to France by Spain; as a province was the sresent-Seit transferred by "the Republic one and indivisible" of France, to this
-a subject
Federal Republic of the United States; and it was equally a province of province of
these States.
and subject to the Sovereignties of these States united, as it had been to
the Sovereignty of the French Republic, or to the Sovereignty of the
Crown of Spain. These States, it is true, have yielded some of their
rights and powers over large areas of that territory, and ceasing to regard Parts of the
territory made
those parts as subject provinces, have consented to allow their brethren to into States.and
admitted into
organize themselves into sovereign States, and as such have they been the Union
with equal
admitted into our Federal Union, and are possessed of entire equality of rights.
rights with the older Confederates.  But surrendering a part of our rights All our rights
and powers, and admitting a new State to an equal participation with us surrenot therebyd.
in our remaining rights and franchises, cannot be regarded as destroying
our rights altogether. A distinct declaration must be shown, to make a
valid transfer, which will be difficult to find.  One of these rights in Free nalvigation our right.
jeopardy, is the free navigation of the Mississippi.  The South very properly proclaim that it shall be forever free, and no doubt they are sincere.
But we in the West are a very practical, common-sense sort of people, The West will
r her
though somewhat bewildered as to the theory of our rights; and we shall         rights by pure
much prefer holding on to our franchises acquired by purchase and by th, to a
possession, to relying on any treaty stipulations, with any party, however
honorable and friendly.  And we cannot help thinking, that there would Arival epubbe more or less danger of a rival Republic, more jealous'of its neighbor lie might
break its
tthan of all the world beside, refusing to adhere to a treaty when it should treatybe judged for its interest to break it, particularly When the party con- -pmaticularly
testant avows and acts upon the doctrine, thlt there is nothing that can boud tteion ot
State.  If the               serve pact and
bind a Sovereign State.  If the sacred compact of the Constitution, with faith.
all its influences and powers, is inadequate to bind these States, any mere
treaty stipulation will prove a wisp of straw.
The right of a Sovereign State to unrestricted sway within its own State rights
complicated —
domain; the prior and equally unquestionable rights of the older members of the Confederacy in the territory out of which the new States have
been formed, particularly that acquired by joint purchase and conquest, -not solved
make indeed a complicated question,-but one not easily solved by dis- by diunionunion.  So that if this doctrine of State rights has some tendency to dis- -has strong
integration, it seems to my feeble comprehension to. possess also strong bonds of
Union.
ligaments of Union; and the more it is understood, the firmer will be our
determination to maintain it in the North as well as in the South.
Probably no one, even of the sea-board States, when they come to Eastern States
understand their Union-rights, will assent to their surrender; but never will willth their
we inrWisconsin, Illinois, Indiana and Ollio, be driven from  our rights ly not the
in the Louisiana purchase; and Minnesota, Iowa, Missouri, and JKansas, Western.
and the other States to be soon formed, a part and parcel of this very
purchase, and in which, from the sources of the Mississippi to the Gulf of
Mexico, the scattered inhabitants had a common and equal interest, that




102                Our Foederal Union: State RTigyh   and  Trongs.
l18. To the has descended to their heirs, and which they have never relinquished,louth: as to
the presentSe- these Sovereign States west of the Mississippi, will be even less inclined
cession.
to be dispossessed of their rights, than we on the eastern bank of the
Th South Father of Waters. If the South want our rights in the Louisiana purThe South
must prove  chase, let them show  by those "Laws OF NATURE AND OF NATURE'S
how we have
lost our rights: GOD," to which they no doubt still adhere as they did in 1776, how we
have become dispossessed of our rights; how our rights have legally and
properly come to be possessed by others. The South are strong; manfully,1
-are not
strong enough heroically have they conducted this gigantic war under most terribly ad-'to take them
by force.    verse circumstances, and we are proud of our fellow Americans; but they
are not strong enough, however brave, to dispossess the Northwest, by
force of arms, of what is rightfully hers.
Disunion no    Besides, it is a great mistake to suppose that disunion will remove disremedy for dis- -
agreement.  agreements and clashing interests.  A  homogeneous State is imperfect, as
the profound philosopher of antiquity has remarked. A diversity of
character, interests, pursuits, is necessary, else the State partakes too
much of the character of a family, and fails to accomplish the object of its
institution. Pope truly remarks,
All Nature's difference keeps all Nature's peace.
A large area   AS we are Republican Democracies, and necessarily restricted to a
desirable for a
Federal Re-  small area, the variety desirable to form the most perfect State, could not'ublic.
have been attained but for the discovery of a Federal State, whereby the
greatest possible diversity is secured. Of course this diversity leads to
Clashing ana- more or less clashing, but that " evil," to again quote the apposite. Ianvoidable. 
guage of Montesquieu, " is in the very thing itself; and no form can reOne division dress it." Division, once begun, is not to cease with two Confederacies.
brings others. In each Federal Union, will the individual members be more jealous of
each other than in the old Union, as there is more bickering and strife in
a small than in a large town; and while they could, and generally would,
assent to measures adopted by the whole thirty-four States for the general
is outhtnder  good, they would refuse acquiescence in the very same measures enacted
stand.     in the smaller Confederacy.  We shall soon have Southern opinion on
this very point, from a leading Southern journal, and see their efforts
already begun, and boldly advocated, to divide the North.
JoEFpinioRSN.   This was a subject well comprehended by the sagacious Jefferson.
He had a friend, John Taylor of Caroline, an eminent statesman, and
W 8? vi, 246. author of two works upon our Government, among the best written,
though not without errors, and from which liberal quotations will be
made in these volumes. In a letter-to him in 1798, Jefferson remarks:
Man's nature    Be this as it may, in every free and deliberating society, there must, from the
ensures discord.      nature of man, be opposite parties, and violent dissensions and discords; and one
of these, for the most part, must prevail over the other for a longer or shorter time.
Perhaps this party division is necessary to induce each to watch and delate to the
Aipartyinjury people the proceedings of the other. But if on a temporary superiority of the one
temporary.
party, the other is to resort to a scission of the Union, no federal government can ever
The South not
made perfect exist. If to rid ourselves of the present rule of Massachusetts and Connecticut, we
by scission. break the Union, will the evil stop there? Suppose the New England States alone cut




Introductory  Compend.                                      103
off, will our nature be changed?  Are we not men still to the South of that, and with ~ 13. To the
South: as to
all the passions of men?  Immediately we shall see a Pennsylvania and a Virginia the present Separty arise in the residuary confederacy, and the public mind will be distracted with cession.
the same party spirit. What a game too will the one party have in their hands, byqew differeternally threatening the other, that unless they do so and so, they will join their ences.
0 b~           no.     Confederates
northern neighbors. If we reduce our union to Virginia and North Carolina, imme- can threaten
diately the conflict will be established between the representatives of those two States, to join their
rivals.
and they will end by breaking into their simple units. Seeing, therefore, that an
association of men who will not quarrel with one another is a thing which never yet Discord being
inseparable
existed, from the greatest confederacy of nations down to a town-meeting or a vestry; from manseeing that we must have somebody to quarrel with, I had rather keep our New -the South
England associates for that purpose, than to see our bickerings transferred to others. had best keep
New England
They are circumscribed within such narrow limits, and their population so full, that to quarrel
their numbers will ever be the minority, and they are marked, like the Jews, with such with.
a perversity of character, as to constitute, from that circumstance, the natural division
of our parties. A little patience, and we shall see the reign of witches pass over, Noble, proper
confidence in
their spells dissolved, and the people recovering their true sight, restoring their Gov- the People.
ernment to its true principles. It is true, that in the meantime we are suffering deeply
in spirit, and incurring the horrors of a war, and long oppressions of enormous public
debt. But who can say what would be the evils of a scission, and when and where Better to bear
they would. end? Better keep together as we are, haul off from Europe soon as we some ills than
to try those of
can, and from all attachments to any portions of it; and if they show their power just scission.
sufficiently to hoop us together, it will be the happiest situation in which we can exist.
If the game runs sometime against us at home, we must have patience till luck turns, Principles will
and then we shall have an opportunity of winning back the principles we have lost. ultimately triFor this is a game where principles are the stake. Better luck, therefore, to us all,
and health, happiness and friendly salutations to yourself. Adieu.
~ 14.-To   THE SOUTH: AS TO THE NATURE OF THIS WAR.
An  examination  of principles of International Law, is the  only What character does Intermeans to determine the character of this war, whether it be just or unjust, national Law
and which party is in the offensive, which defensive.  As to the first, it give this war.
will, perhaps, be difficult to decide, the South having had so much unjust Isit just?
provocation; and at such a very critical stage of the proceedings, having Difficult to debeen subjected to infamous deception in the attempt to supply Forts Sumter and Pickens.  Could the South have exercised patience a few weeks Deceptiton of
longer, the discovery of that deception might have been used to the permanent disgrace and discomfiture of the Federal Administration. With South could
have taken adgreat propriety could the South then have proposed, that for a short time, vantage of it.
say for three or for six months, supplies would be admitted to Fort Sumter under strict surveillance, to see that only provisions and clothing were
introduced.  Not for three weeks would that condition of affairs have Would have
been endured, and had the Federal Administration under these circum- Notehdto begin
stances begun the attack, the South would have been placed on the side war.
of justice and defence.  Or had the North, contrary to all probabilities, If not, the
A*~~~~~~~~ ~~~still have been
ing three or six months, and giving due notice that longer time would not in a just war.
be allowed for consideration, had the South then assumed the offensive, it
might still have been a just war. Its justice would have been determined Jqtstice detormined by is very thorough in examining  eby the necessity that existed.  Pufendorf is very thorough in examining  ceaaity.




104               Owr Fwdera1  Union': State Rights and  Trongs.
14. To ths  necessity tm  the abstract, and Grotius is so full in its application to the
the Nature of rights of war, that it was not necessary for Pufendorf to add much as to the
this War.
application of his principles of necessity to the case of war.  Yet is it exDifficultto:de- ceedingly difficult, and especially in this instance, to draw  the line betw.een justice and injustice.  The provocations had been excessive, the
Provocations,
&a., excessive. threats had been strong and positive, that the South should not have its
equal rights in the common Territories; that no more-slave States should
be admitted into the Union; that the Supreme Court should be remodelled and made subservient to Abolitionists; and the Republican party
had come into power on the distinct issue, that the Union could not exist
Danger of col- with part of the States free, others slave.  The peace measures had been
defeated,, the beautiful azure of our glorious Union had been overspread
with heavy and murky clouds of disunion; lightning flashes of passion
came from the dark background; and in the distance were already heard
the threatening mutterings of.the thunder of civil conflict that, once begun, must be the most terrific: of all time.  The utmost prudence and
correct conduct were requisite to keep the excited and hostile parties
from contact, and from the sight of blood, which, when it once began to
Batse deceitat flow, would still more madden and infuriate.  It was under these circumJuncture.    stances that the Administration deemed it just and proper to deceive
the South and violate its faith, in the attempt to supply Forts Sumter
and Pickens.
Grotius on the    Grotius takes several chapters to discuss Promises, Contracts, Leagues,
duty of keeptng faith,    and Sponsions, &c., all bearing upon this subject, from  which we shall
hereafter quote, and in a subsequent chapter, " Concerning Faith to be
kept between Enemies," he discusses various points, as " That faith is to
be kept with all sorts of Enemies," "The Opinion, That faith is not to be
kept with Thieves and Tyrants, refuted," until, under the thirteenth
head, "That faith is to be kept even with such as are perfidious," he observes:
Faith to be    That faith ought to be kept with such as are notoriously perfidious, we have in a
tktperefidious. more general treatise already proved: Which also we may learn from St. Ambrose,
which without doubt reacheth even unto such enemies as are altogether faithless.
Such as the Carthaginians were unto the Romans, who notwithstanding kept their
faith inviolably with them. For, as Valerius Maximus well observes, "the Roman
Senate regarded not what the Carthaginians deserved, but what in honor became the
GRoTIrs, 1. iii, people of Rome; " which is the testimony that Sallust gives of them: "In all the wars,". 19, ~ 13.   saith he, "between Rome and Carthage, though the Carthaginians, as well in times
of peace as during their truces, committed many outrages, yet would not the Romans
lRoman ideas
of faith.  upon any provocation permit that the like should be done unto them."  And concerning that fact of Sergius Galba, who, in revenge upon the Portuguese for so often
breaking their league with him, first deceived them with a new league, and then slew
eight thousand of them; Appian gives this answer: Perfidid perfidiam ultus, contra
Romanam dignitatem, barbaros imitabatur; "In revenging one treachery with
another, he wounded the majesty of th~ people of Rome, imitating therein the
barbarians." For-which he was afterwards worthily accused by Labo, a tribune of the
people, whereof Valerius Maximus gives his opinion thus: " It was not equity, but
compassion, that pleaded in that cause; for that absolution which his own innocency
could not challenge, was given to his innocent babes: " which is also confirmed by




Introductory  Comnpend                                       105
Cato, " He had certainly died for his treachery, had not his own tears, and the inno- ~ 14. To the
South: as to
cency of his children, procured his pardon."                                  the Nature of
this war.
Even with "the perfidious" is faith to be kept; but it cannot be The Soth not
charged upon the South that they were perfidious, treacherous. They perfidious.
have done wrong, as we believe, have unnfecessarily violated their sacred
compact of the Constitution, but it has been done boldly, openly, manfully.  No enemy of the South can attribute to those States perfidy,
The Presitreachery.  Yet were they even perfidious, the sacred promise of the dents prornise
should have
President of the United States had been given by his duly authorized beenkept.
agent, the Secretary of State, and that promise must be kept. It was
not kept, but shamefully violated, and had the previous and chief causes It was broken.
of provocation come from the Federal Government, this deceit, under the
circumstances, might have been a justifying cause of beginning hostilities.
The "more general treatise" referred to, is probably the above-named h'eaw the only
chapters, and no extenuation of this deception is perceptible, except it be exten
that of fear, on which point Grotius observes:
Concerning those promises that are made through fear, questions do arise no less G oTIrs   conZeeninD fear-,
perplext. For herein they do usually distinguish of fears, which are either great and 1 ii, in I-, fe~a
vehement, or light and slender: if great, then they consider whether it be so absolutely, or in respect only of the person fearing: then whether it be occasioned justly
or unjustly; and whether by him to whom the promise was made, or by some other:
as also they distinguish of the acts, whether free and generous, or grievous and burdensome; and according to this diversity, are some acts said to be void, others revocable at the pleasure of the promiser, and others to be wholly renewed. Concerning
every one of these cases, there are great differences in opinions. But I do whollyFear does not
incline to. those who hold, that setting aside that authority of the civil law, which release from
sometimes takes away, and sometimes moderates the binding power of such promises: promise..he that promiseth any thing through fear, is obliged to perform what he hath so
promised; because the consent he gave was not conditional, as in the case of error,
but absolute. For as Aristotle well observes, he that, for fear of being shipwrecked, Aristotle in
throws his goods overboard, would willingly preserve them  on condition that he confirmation.
might not be wrecked; but upon a serious consideration of the present danger he is.n, he absolutely resolves that his goods rather than himself, shall perish. But yet we The promises
must also crave this allowance, that if he to whom the promise was made, did occasion may be requir-ed  to renot a just, but an unjust fear, though but slight; and that thereupon the promise was 1, se the
-so made, he is bound to discharge the promiser if he desire it; not that the promise promisor.
is in itself void, but for the damage that he suslained who made it, by reason of the
injury done him. But what exceptions the Law of Nations admits herein, shall in its. proper place be hereafter explained.
Nor is any extenuating circumstance perceptible in the exceptions re- Fear oniy adds
ferred to by Grotius; and even if fear be admitted in palliation, it only to the disgrace
of the North..adds to the disgrace of the North.  We. are no cowards; would never
yield an iota of right through fear.  There is nothing for us to do but to
admit the wrong, and let the President find his excuse in his inexperience
and the bewildering circumstances.
Bwt there is another subject of consideration as to the justice of this The war unjj.7t becauso
war, and that is, that the South were unreasonably precipitate in its com- of precipitanmencement. South Carolina knew, the whole South knew, that the Con- cy.
stitution had failed to provide for an emergency like the present.  The
consequences of a State or States' seceding from a Union that had been




106              Our Federal Union: State Rights and Wrongs.
~ 14. To the to the fathers the summum bonurn, had not been contemplated; and the
South: as to
the Nature of Federal Government, restricted to the letter of the Constitution, was in
this War.
all its departments powerless to act in the premises.  But it was the
The duty of
the Executive. sworn duty of the Executive to enforce the laws and preserve and defend
the property and officers arid soldiers of the United States anywhere
and everywhere; and as Commander-in-Chief of the army and navy, to
bring every power to bear to defend the Government against domestic as
Unauthorized well as foreign assailants.  If South Carolina, having seceded, by virtue
to recognize
Secession.   of eminent domain, could claim a fort of the United States within her
boundaries, the President was unauthorized to recognize that right.  In a
The rights of proper and constitutional manner, had the body politic of the United
United States
in F't. Sumter. States become possessed of the title to the site of that fort; by the Sovereignty of South Carolina, through its duly authorized Agencies, had
consent been given to that purchase, and jurisdiction ceded over it to the
Federal, jointly with the State Government; the money of all these
sovereign Peoples had been expended in the purchase of the site and the
erection of Fort Sumter, and the President was fully justified in his double
office of Executive and Commander-in-Chief, in holding its possession.
No matter what the proportion of value of the property belonging to
the United States within that State, whether more or less than it would
be entitled to in the division; the Presideht was unauthorized to entertain the subject, could know and do nothing about it.  The same views
apply, of course, equally to the new Confederacy as to South Carolina.
Immediate     Besides, the reduction of Fort Sumter at that period, was of no conpssion of
B'o,.t Sumter siderable importance, either as a military or other necessity.  Their nineunimportant
to the South. teen batteries rendered forcible reinforcement almost an impossibility, and
had the little garrison been allowed to receive or purchase its supplies
a while longer, all occasion of war there might have been avoided by
the withdrawal of the troops. This appears probable from all the cirMight have  cumstances; and although President Lincoln could with no propriety be
been surrendered without forced to give up possession of aSfort he was sworn to protect, yet could
war.      he rightfully have taken the responsibility of its abandonment, to save
his country from civil war.
The South be-   The South may at its pleasure insist that the United States would not
gan the war to
ensure dis-  have evacuated that fort, and assert that at best, the war would only
union.
have been delayed a few weeks, and that a little earlier or later attack
makes no difference; they can give no adequate reason for the attack
then, except that which, is written with sunbeams all over that black
transaction, that they intended to make sure the accomplishment of their
long-cherished purposes, in the destruction of our Government, though it
involved the country in all the wretchedness of fratricidal bloodshed. No
further delay must be allowed; their schemes of disunion would surely
and speedily be frustrated, unless the blow were then and there struck,
which would at least retard the abhorred reunion.
The South at-   Let another most important point be considered.  This war is waged
tack the wrong
Government: against the Government of the United States! The attack is not made




Introductory  Compend.                                  107
upon the individual States, that have done or tolerated the tantalizing ~ 14. To tho
South: as to
wrong to sister-Sovereignties. Not at all. It is our common Federal the Nature of
Government that is assailed, for evils it is powerless to remedy.  No au- -     -
-one, unauthority is to be found in the Constitution for the Executive or for Con- thorized to
act —
gress to interfere, in any way or manner, with the malignant assaults of
which the South have just cause of complaint; and foremost and loudest -,aginsttheir
own correct
as are the Southern Sovereignties in their acclaims to State rights, ideasthey should  be ashamed  in the same breath to clamor against the
Federal authority for its non-interference.  Clamor I did I say?  Why,
they have evoked all the horrors of civil war, because the Central Gov-.v.ld not
ernment would not exercise powers, the usurpation of which they them- usurp powers.
selves would have been first to condemn.
The South have little occasion of complaint even, much less of war, The Missouri
I'~~~ 2~~~~restriction the
against our Federal Government.  The Missouri restriction was undoubt- chief wrong of
the Federal
edly the severest trial the South have been called to bear, and yet for Government.
many years it had its chief support in that section itself. As to the tariff,
the early debates in Congress under the Constitution, show that South
Carolina aided most effectively to establish the system, and may al- That and the
tariff sustained
most be considered its father.  Can it be that the wise and good men by the South.
of that day so erred in judgment, that a system then right and expedient,
now adhered to, is adequate oause for destroying the Union they so loved
and cherished? Did not the Pinckneys, Butler, Rutledge, Barnwell,
Pendleton, &c., have capacity to judge of the right of such measures, as
well as of their expediency?
This Union and its Government are full of benefits unspeakable, im- The Federal
Government
measurable, to that region, its every State, as to the North, the West, full of benefits
to every secand all.  Most unjust, most unbecoming in the magnanimous South is it, tion.
to requite with base ingratitude, with treason and with war, the Government which has not only fulfilled, but far exceeded in its beneficence,
the highest expectations of its illustrious founders.
But regardless of the past, admitting that it gave no encouragement No excuse for
this attack.
for present and future trust in our joint Government, what was there to
justify a violent destruction of it then? The success of the Republicans
in the presidential contest amounted to nothing.  Had any fiend incar- The Federal
Government
nate been'elected instead of Mr. Lincoln, what could he have done? The could have
done the South
South Carolinians, while using the election for their purposes, boldly, no wrong.
frankly avow, as we shall learn, that neither the election of Mr. Lincoln, Lincoln's elecnor the nullifying of the fugitive slave law, had anything to do with this slaveryenmity
struggle.  Certainly it should not, for the Supreme Court, as then consti- of the north no
tuted, was an abundant protection against any attempted oppressions by sion.
the Executive, and with a majority in the Senate opposed to the President elect, had the Southern Senators remained, that Court could not
have been interfered with, at least for some years. With a Democratic
Senate, too, all improper legislation was rendered impossible; and with
laws as they were, what could any Executive do, however ill-disposed, to
the injury of the South?




108                Our Fcderal Union: State Rights and Wrongs.
14. Tos theo    Let South Carolina secede, if she chooses, and exercise her sovereign
South: as to
the Nature of right of redressing wrongs, and thresh Massachusetts, or any erring sisthis War.
LetS uth Carter-Sovereignty, if she can, to her full satisfaction; but other Sovereignolina ight the ties will not endure this transfer of a quarrel from a People that has
right Government.       given offence, to a Government, a mere Agency, that has and can have no
responsibility therefor. And when the Government attacked is our own,
our Federal Government, established by the united wisdom of our faWe will defend our Gov- thers; when in that Government lives the Union, that has been to us the
ernment.
means of all our advancement and happiness; that Union which the fathers of the l South and of the North together fought, bled, and died
to establish; be assured we shall fight for it to the death, and for the
maintenance of our rights, which, if we correctly understand them, will
perpetuate that Union, or rather, bring us a new one.
This compend    It is impossible in this compend to do more than indicate the points
imperfect —
which we have endeavored in all candor to examine, as to the justice of
this war. Further light no doubt will be obtained from the Southern
-a further   side, possibly more, too, from the Northern; all of which shall be fairly
examination   used and presented; but applying that rule, "The Laws of Nature and
of Lature's GOD," to the facts as understood, it seems that the South are
in an unjust war, but under many very extenuating circumstances.
The South in    But whether in a just or unjust war, there seems to be little doubt
an offensve
war.        but that they are in an offensive war, which space will not be here taken,See p. b.    to discuss.  Lord Russell's opinion on this point will, it appears to me,
be amply justified by applying that same rule to existing facts.
The South       The South, however, misled in part by the follies of our own Adminmisled, and
think they are istration, wholly misconceive the nature of the conflict in which we are
on the defen~i.ve.      engaged, and also the designs and purposes of the North.  An old and
respected journal of the South, before quoted, has remarks upon this subject, which are introduced, not only for use here, but as corroborative of
preceding views, as to the importance of examining into principles, to
obtain more unanimity in the North. Division of sentiment among ourselves is no doubt the main reliance of the South, in prosecuting its plans
of disunion.
Southern opin-   Signs in the Noorthwest.-Although it is altogether out of the question while the
ions of the   whole North is engaged in a war for our subjugation or extermination that we should
Northwest.
offer terms of alliance, still less listen to any word or hint about union with them, yet
RnafoND    it is no less true that the symptoms of disorganization which show themselves in the
ENQUIRFrR,   present Federal States are of deep interest to us, and that we ought even to do all we
Mcy 241 1G86. honorably and loyally may to give further impulse tothe force which promises at some
future time to break up the league of our enemies. Let us examine the exact nature
and reasons of the impending quarrel.
The West to    The material interest of the Northwestern States, from Ohio westward, assuredly
nfed a separatcye ought to impel them rather to the formation of a separate confederation, or an alliance
owith this Southern Confederacy, on the footing of a foreign nation, than to a Union
with the East, hostile to us. It is true they ought to have thought of this before. They
Asurpposeld thchose to make common cause with the Eastern Yankees against us, and rushed blindly
West.      into a war for the destruction of our rights of State sovereignty. They elected alliance
with our enemies, war to the knife with us; and they, and we, must abide the issue.




Introdictory  Compend.                                           109
-Nevertheless, the material interests remain the same; the undeniable features of ~ 14. To the
South: as to
nature on this continent remain the same; the Northwest continues to be an agricul- the Nature of
tural and.food-producing country; protective tariffs, for the profits of Eastern manu- this War.
facturers, are still as oppressive to Western men, as they were injurious to us in the A tariff for the
days of the old Union. The great natutal channel of traffic furnished by the Mississippi to the inest.
river is common to them with the Confederacy, just as the Rhine is common to France, The MIississipto Germany and Holland; it is not only their natural outlet to the sea, but also their    a channel    to
Eouthern
highway to the lucrative markets of the South.                                     markets.
All these considerations are now at last pressing themselves upon the attention of The West bethoughtful men in the country northwest of us; and the depreciation of their staple erate nf th
products, combined with the enormous war debt which the cunning Down Easters evils of presinduced them to incur in the vain hope of our subjugation; failure in all' their ent Union.
attempts to command the whole stream  of the Mississippi by force; the terrible
prospect of increased burdens of taxation, with diminished means to bear those burdens; all these things are evidently bringing about in their minds a great change
which in the future cannot fail to be wholesome for us.  Not that it can produce any Will produce
effect of the slightest consequence for the present.  For this year, at any rate, instead no effect fur a
year.
of any relaxation of the atrocious war which they have undertaken, we may expect to
see it prosecuted with redoubled energy, akin to desperation.  The headstrong block- Our I"blockheads amongst them (who.are the vast majority and rule in the land) still hope, by one heads" expect
to crush the
last tremendous effort, to crush the Confederacy, to sweep the whole Mississippi clear Confederacy.
with their fleets and armies, penetrate the heart of the cotton States, and provide, by (All such exuniversal plunder and confiscation, for the security of the great debt. If they fail,  rperly entiwhy then in a year, or in two years, they will offer us friendship and alliance, and the tied.)
right hand of fellowship.
Another feature in the situation must be borne in mind. The organization which The Northern
used to be called the Democratic party in those Federal States, is broken upl. Old dievided
issues are gone by, and the great new issue is the war, and the conduct of the war.
Northeastern Democrats remember just now that they were New Yorkers or New Eng- -particularly
the East from
landers before they were Democrats; that the interests of the Northwest, which may the West.
impel it to form a separate confederacy and seek alliance with the South, are no
interests of theirs. That if the Union be finally broken forever, though the Northwest A division of
less injury to
may' find safety and profit in a confederacy of its own, New York, Philadelphia, and the West than
Boston are ruined at any rate. Hence we can understand the total revulsion of East.
language and of feeling among the Democrats of New York. All their talk of amnesty What has
or peace, all their loud assertions of State rights, all their nullification of their changed Eastor.peace,                                                                       em  DemoPresident and his Cabinet, and his generals, was under the delusion that we had not crats.
really seceded from them in earnest, and that we were willing to let our moral struggle
pass for a Democratic Presidential campaign-a somewhat violent campaign it is truerather more stormy than the " sour cider " one or the Know Nothing one, but still
only an effort that would be amply rewarded by the spoils of office in Washington.
They appear only lately to have found out that we were serious all the time, and
Have found
meant what we said, to their intense disgust. They have discovered that the prize we the South in
sought, and which we thought worth the richest and reddest of our best blood, was no earnest
less than absolute independence-to be eternally clear of them and their mean politics,
to ding them and all their ways, to rise out of the contaminations of their society, and
begin to live our own full, strong, genial life in accord with our institutions and
national character. They had been giving us credit for more practical good sense,
those " Democrats; " they had thought we valued the heart's blood of our children as
much as they value the Hessians they hire, and finding out their mistake they are
naturally disgusted.
Now this discovery they have made in the country north of us, both east and west, The different
effects of this
operates very differently on. the Democrats of those two sections. In the eastern part knowledge in
it makes them drop suddenly all thoughts of conciliation, and rage and foam for war the East and
and slaughter.  (See speeches of Van Buren, Brady, &c.)  The very same discovery
makes Western men bethink themselves that there has been too much war and The West to
get out of the
slaughter already, and though they are now in for it, and must try it out, yet their old Union.




110                  Our Foederal Union: State Rights and Wrongs.
~ 14. To the  evident policy will soon be to draw out of it, if possible, and out of the Union, and out
South: as to
the Nature of of the debt, and out of the blunder, and bankruptcy, and philanthropy, and all the
this War.    rest of it. The interests of the two sections are now separated, and it is our secession
The south   and our troops and generals that have separated them. It would be wise, undoubtedly,
the disunion  to encourage this break up and develop it so far as we honorably may.  And the first
their interest and best way to do it is to maintain those troops and strengthen the hands of those
to encourage
it,          generals.
The Etnquirer    But, as the Enquirer has been accused of repelling friendly advances and discourwill aid to effect Northern aging or preventing the course of that excellent rupture at the North, we shall try to
division.   make amends this very moment by saying the most soothing things that any Confederate properly can to help the good work. We think, then, that when the war is once
Desire of the over; and when the Northwestern States shall have separated themselves from  the
West to have
a league with Federal Union and established a league for themselves, and taken the initiative in
btne Suth will recognizing the independence of the Confederacy, then it is highly probable that the
bring division.                                                          0
Confederates would enter into an alliance with that Northwestern league notwithstanding all its sins done, and would engage themselves to furnish a proportion of Confederate troops for the defence of that country, in case of the furious Yankee nation
ree nafviga- waging war to crush a second "rebellion."  Further, we think the provisions of that
tion of the Mis-                                        Fi
sissippi to be  act of our Congress, proclaiming the free navigation of the Mississippi, should be more
ntore0strongly fully made known among our Northwestern enemies, in order that they may see that
the said free navigation is carefully limited to " the citizens of any of the States on its
lowed to other borders, or on the borders of its navigable rivers," and so exclude the Yankees proper.
States.     Further still, we believe it would be well to express to these Northwestern enemies of
ours the general feeling that, so soon as they shall have ceased to be " our enemies in
The West and war," and shall have become " in peace friends," we should discriminate in all things
East to be differently treat- between them and the Yankees proper, placing the latter in the category of the least
ed.         favored nation, but dealing with the former on the easiest terms, because that would
be for our interest, and this Confederacy will always be willing, for its own interest, to
make treaties with any foreign power, whether in America or in Europe.
"Free naviga-    And to prevent mistakes, here is what is meant by "free navigation of the Missistion of tile
Mississippi"  sippi," as defined in the aforesaid act of Congress:-Permission to pass freely to the
defined.     sea, without any duty or other hindrance, except light money, pilotage and other like
charges; permission to pass freely to any port of entry on the Mississippi within
Confederate limits, and to enter and load goods and freight, paying the duties thereof
to the Confederate Government, and there to sell them, and to forward them, under
bond or seal, as customary in such cases, with usual regulations as to warehousing and
drawback.  In short, on entering within the limits of the Confederacy, upon the river,
theestRtd to a steamboat of the Northwest would be precisely in the position of a French steamer
entering Prussia on the Rhine —no better, and no worse. As for the Yankee nation
proper, no boat of theirs should ever enter the Mississippi at all.
Tile West un-    Now here we think is an array of prospective advantages which might satisfy any
reasonable not
to accel)t this reasonable people. It would not be proper for our Government to make them any furliberality-   ther proposals, or hold out any new inducements. Our Government and Congress have
already done all that consists with the dignity of an independent power; but it may not
-the press to be improper for the press to reason about these matters and place them in a clear light,
use its influence alluring- and make the prospect of peace as alluring as possible to one section of our enemies,
which will more and more exasperate that section of our enemies against the other
section of our enemies. Therefore we advise the foregoing considerations to our North-of no avail
for a year.   western enemies. If they hearken to us, well; if not (and we know they will not for
this year), then let them go ahead and crush the rebellion.
Wait till next   In truth we do not attach much importance to all this until next year. For this
year.       reason our reliance is on our own brave army alone.
A humble pro-    We cannot stop here to discuss the salient points of this article, which
test in 1ehalf
of the West.  can best be done indirectly as the investigation proceeds; but as one of
the humble Citizens of the Northwest, let me protest against any such




Introductory  Compend.                                  111
judgment of our character and rights, or expectations of our plans and ~ 14. To the
South: as to
conduct.                                                                the Nature of
this War.
We have not, it is true, been correct as to our theories; but we have The West
been and are nearly so, as to our practice. Many have-erroneously sup- wrong in theory, but right
posed it was necessary to subdue the "rebels," and the war has been in practiceengaged in for that purpose; and yet the effect is mainly to preserve the
rights of tlese States.  We have become confused as to the theory of our
rights, but with the practical good sense of the American people, we have -as in the
wartaken the proper course, in the main, to protect ourselves against unjust
aggressions.  Our President, Western man though he is, and his advisers,
have done many things adverse to the judgment and feelings of the Citizens
of the West; but he is our Constitutional leader, and we are with him
heartily in defending our rights, notwithstanding  his great wrongs. We are "for
our GovernWith the honored Douglas, are we " for our Government against all,ent asainst
assailants."
The South will find in the West apt scholars in this much-neglected The West talk.
ing lessons in
science of State rights; and it is of no use to talk to us about surrender- State-righlts.
ing our existing properties in the seceded States, and receiving back a
part of them  by treaty.  We will never part with our rights.  Even if New Englanld
mav abandon
New England were to be willing to abandon her interests therein-which iherirightsshe never will, Ii hope; could she become so thoroughly abolitionized as
to determine to be wholly cut loose from any States which tolerated
slavery; were she even to side with the South in this war to obtain her
release and effect disunion, it would have no influence to change the -will not af.
course of the West.  Though many have been wrong as to the theory of feet the West
this war, believing it to be offensive instead of defensive, we shall soon get
right; and we in the West, with the other Eastern States, will wage the
war indefinitely for the maintenance of our rights and of the Union.
Only let us become correct in theory as we are in practice, and united as The West can
sustain a d(we shall be through the entire North, it will not be so very difficult for us f/ensiv warto prosecute our defensive war in such a manner that the South will ere
long tire of it.  But if any of the Eastern States are unwilling to recon- tin the
Sonuth will
federate with slave States and should even join the South, we in the West give u. our
alone can sustain a defensive war, till we can have our rights properly rights.
acknowledged and established by a new Confederacy. Countrymen of
the Northwest I fellow Citizens I speak I not your sentiments to a man in
declaring-We never, never surrender our properties in the seceded States We nevergivo
upon compulsion?                                                        force.
All that is said in the foregoing extract as to the probability of Moredis0   0                               unions to folfurther division, if one disunion scheme be tolerated, is freely admitted. low if one be
allowed.
The consideration of that very subject, as shown in the preface; alarm at
the dangers which threaten us, started the investigation in 1860, which
has led to the compilation of this work; for it is much less my own
writing than a bringing together the wise and well-told truths and
opinions of others.  Month by month, as my ignorance has been
enlightened by the treasures of governmental science and of history,




112                Our. Foederal Union:  State J'i2ghts and  Wrongs.
~14. To the  particularly that of the Grecian Confederacies, has the conviction been
South: as to
thes Nature of strengthened, that if we cannot preserve our Union entire, we shall be in,tltis War.
The warnin   great danger of an utter failure to sustain free institutions.  The quota.
example of  tions that will be made in discussing the Grecian Confederacies, prove
Greece.
Rival Confed- conclusively that it was not the division of those Peoples into small States
eracies, not      caestruction,
States. divided that caused their dissensions and ultimate destruction, but their rival
Greece~.    Confederacies.   Aristotle's  practical common-sense, taught him  that
Greece united in a polity of polities, could defy the world; and so could
Like results to these States of ours in a league of all.  But if disunited, the same rivalry
be expected
here.       between neighboring Confederacies, will be here again witnessed, that
gave an opportunity to Philip of Macedon to intrigue and subvert one after
another of the Grecian Unions.  The monarchs of Europe can then have
Division    an excuse to interfere in our affairs, and will keep us eternally by the
brings foreign
intrigue.   ears; large armies and navies vieing with each other, will be established
at immense expense, and to the great danger of civil liberty; and possibly within a century or less, the free institutions we so love and cherish,
Republics not will have given place to military despotisms.  In the sequel we hope to
adapted to corrupt diplo-  show from eminent authorities, and particularly from our experience under
y Washington's last Administration and that of the elder Adams,' that a
Representative system  is not adapted to cope with Monarchies in the
intrigues and corruption of diplomacy. Our only safety lies in strict
Monroe doc-  adherence to the Monroe doctrine, keeping clear of European entangle.
trine to be adhered to;    ments, whioh will surely be abandoned when rival Confederacies are instituted. The man is'a fool, who imagines that two or more neighboring
Adjacent Republics rivals. Confederacies will cherish and promote each other's interests.  The jealousy and hate will be intense and well reciprocated. All the injury will
be done, all the favors withheld, that are possible to neighboring enemies.
The ancient animosity between England and America will be as nothing
Hate between 
NTorth and   to what we shall see here; and while separation by a wide ocean has
South.      aided to remove the former, between the North and South occasions of
difficulty must constantly arise, and the bitterness already engendered by
this deplorable war, will grow with our growth, and strengthen with our
strength.
tDisunion noted  We  cannot, must not, tolerate disunion.  Sincerest friendship  for
the South alone, our friends there will see, should make us fight against
disunion.  We in the West are, and will be true friends to the South in
The West true this contest.  We will fight for years to save them  from the wretchedto the South.
ness of disunion, from the imperilling of these our glorious institutions,
Trhe fathers   which their fathers and ours established.  The earth was enriched by the
fought for
Union-     blood of patriots shed less than a century ago, to obtain freedom and independence, that Union might here be formed to perpetuate these free insti-let the de- tutions; let the blood of the grandsons and great-grandsons of those
so.     d  patriots, flow still more freely on these same ensanguined fields and many
Girns']Vistory
of WAshiangtos    The valuable history of those Administrations by Mr. Gibbs, should be studied thoroughly
Administra- by patriotic statesmen in this perilous period of dissolution, and everything that will aid to show
/one.       us the danger of divisions, and the certain and great evils to result from rival Confederacies.




Introductory  Comrpend.                                113
others, to keep from jeopardy our priceless inheritance.  Talk not to the ~ 14. To the
South: as to
West of peace and disunion.                                            tNature of
Surely is there ample occasion both in the South and in the North, to    
study into those "Laws of Nature and of Nature's GOD," to establish the the South and
North to exright to which for these States, our fathers jointly pledged their lives, amine Intertheir fortunes, and their sacred honor.  Honorable men'were they, and          aw.
never were those "Laws" dishonored by them.. If we, their sons,
because of the unexampled benefits resulting to us from their faithful
practice of those "Laws," have become so engaged in our individual concerns, as to have neglected our duties to the STATE; have lost sight of
the dignity, the majesty of Sovereignty, the RiTght of Command, in the
possession of free Peoples; have even become so ignorant of those
"Laws " themselves, as that it is a wonder of wonders, how they have
been so well practised; is it not high time we resorted to the fountain of
instruction, and drew deep draughts from the "Laws of Nature and of
Nature's GOD?"  Well will it be for us both in the South and in the South and
North to learn,
North, to study them.thoroughly, and know  our mutual rights and our mutual
rights and
wrongs.  Our rights, it will be easy for us to learn; let us not neglect wrongs.
our wrongs, which on both sides will be found grievous. Yet, having
resulted chiefly from ignorance and misconception of clear, well-established principles, it will be comparatively an easy task to retrace our To retrace our
steps easy, parsteps, particularly for the South.  We shall return to the blissful fields of ticularly for
Fcederalism, in which "the stateliness of houses, the goodliness of trees," the South
so " delighteth the eye," because resting upon "that foundation," " that -we return to.
Federalism.
root," the South have so much more correctly appreciated than the
North,' STATE SOVEREIGNTY.  Honor enough is it for the South, even
by war, to have saved us from the wretchedness of consolidation, we have
been so earnestly seeking.
May the enlightening influences of the HOLY GHOST be imparted to An inv eation,
us in rich measure, both in the South and in the North, as with our dark- Christians will:
respoach
ened understandings, we endeavor to learn what right and duty require of
us as individuals and as States I Surely no obstinate determination to
adhere to wrong, no malicious hate or desire to injure, will interfere Evilinfluences
will not prewith peace and reconciliation, when once an opportunity has been  afford. vent peace and
reconciliation..
ed to examine thoroughly and justly our mutual rights and wrongs, our
duties to GOD and country.  Honest, candid, honorable parties as these
States have ever been, when our wise men in the South and in the These States
North, with our true friends in Europe, shall have well considered the honorable.
rights of these States, in connexion with " the Laws of Nature and of The North
Nature's GOD," we of the North will cheerfully assent to the surrender inanbidebyf
of that to which the South is fairly entitled; and if the South finds she thewsou thll
has claimed more than belongs to her Sovereignties by those "Laws,"
she will no longer insist thereon; if she finds herself in an unjust, offensive war, speedily will she cease that war.
May our GoD of mercy and of wisdom, teach us, His children, in GongrantsaU.0
both sections; show to us our duty, and give us hearts to do it.
8




114               Our Fderal Union:  State Rights  aid  WrIongs.
~ 15. DIisunion       ~ 15.-DISUNION  ENDANGERS STATE CITIZENSHIP.
State Citizenship.          Citizens I fellow  Citizens of the South and of the North I we little
know the worth of our free institutions that are jeopardized by disunion
and civil war. We are Citizens of these States, nations,-yea, these
State Citizen- Commonwealths, known by their respective names of New York, South
Carolina; Virginia, Ohio; Maine and California, and so on, numbering
still four-and-thirty, for I deny that Virginia is legally divided and made
into two States. Each one of these Commonwealths, by the favor of the
Almighty King of nations, is a Sovereign, free and independent State,
the peer of earth's mightiest empires.  A high dignity; is it, too lightly
-what is it? estimated, to possess Citizenship in one of these free States.  Let us consider in short, what it is to be a Citizen in one of these Commonwealths,
to be fellow Citizens of States United and Confederated.
The origin of    Of the origin of States we have no knowledge.  Even the Mosaic
States unknown.     record, the oldest concerning our race, gives no information on this inter-;esting topic.
lNimrod'sking-   Cush begat Nimrod: he began to be a mighty one in the earth. He was a mighty
esdom thenown in hunter before the LORD: wherefore it is said, Even as Nimrod the mighty hunter
history.   before the LORD. And the beginning of his kingdom was Babel, and Erech, and
Accad, and Calneh, in the land of Shinar. Out of that land went forth Asshur, and
Gets- x: 8-12. builded Nineveh, and the city Rehoboth, and Calah, and Resen between Nineveh and
Calah: the same is a great city.
Monarchy       Thus incidentally and summarily is the important fact announced of
therefore regarded the   States being organized, and that Monarchs had begun to rule, for Nimrod
form chosen of 
God.       had "his kingdom."  From this it is argued that Monarchy, being the
most ancient form of Government of which we are informed, was probThat is a mistake.      ably that originally instituted by GOD.  However that may be, it certainly was not the form He selected for favored Israel.
No knowledge    We have no knowledge, either. whether the Creator gave directly to
ef the rise of
Sovereignty. any man, or any set of men, the right of exercising authority over his or
their fellows. We are compelled to rely upon reason and common sense
concerning this interesting question, which we have not found better disInstruction of cussed than by Pufendorf.  It would seem reasonable that in the beginhis creatures
by Deity    ning of our race, they should have had instruction in Government, and
able.ason- that where all were naturally equal, the Sovereign Ruler should have
deputized some of his creatures with authority to control the wayward;
for though all were inclined to wrong doing, and to advance their selfish
schemes, some were worse -than others, and must be governed, and some
Sovereignty  were better than others and suitable for governors.  Probably the begin.
probably
granted by   ning of this Sovereign Power-of this Right of Command-was by
GOD.
express instruction and gift from the Infinite Source of all Sovereignty
If not, still, of But if Deity did not grant Sovereignty directly from Himself, it may
Divine origin nevertheless be regarded, as argued by Ptfendorf, of origin Divine.
What is necessary to the creature from  his very nature, and what that
creature is permitted, encouraged and aided to do, may well be considered
the work of nature's Sovereign.




Introductory  Com~pend. 
A State being instituted, the Right of Command once generated,-and ~ 15n Disuon
whether by gift from GOD direct, or by the concurrence of human wills State Citizenwith His approbation, or by both combined, is not material, —a State Sovereignty
and its Sovereignty being once begun, it has continued in one form or granted in regular succesanother, without intermission.  Amid all the fluctuations and changes of sionthe four thousand years since the beneficent sway of Government over -existence
perpetual, acman by his fellow, was established or allowed by the Supreme Ruler, countable only
to Deity.
have States existed clothed with Supreme Power, and unaccountable
to any other authority than that of GOD Himself.
At times States have been divided, others have been united; some Changes in
have been conquered, others created; some have had the Sovereign
Power in the People, some in a Senate, some in a Monarch; yet have they
ever continued to exist, deriving their right one from another, and were
their histories known, each could be traced back by legitimate birth to
the Father of nations.  Here, at all events, is a regular succession in the
State, whether there be any in the church or not.  So wide-spreading, Sovereignty
all-controlling has been the Right of Command of these States, that it has boVdy.
been over every one of our race, wherever he was born, from his cradle
to his grave.  Ev~ry man, woman, and child is a subject of some State, Everybodya
a.nd ceasing to be a subject of one State, becomes instantaneously a subjectjec
of another.  He cannot get out of an organized State, into a state of NtO'fe can get
nature.  He ever is and must be a subject, except the few that become No one born
free.
Sovereigns.  No man is nor can be born free.
It is further to be observed in explanation of Citizenship, that one of Only Sovereignty creates
the prerogatives of Sovereignty is to create new bodies.  As only Sover- bodies politic.
eign Power can bring into existence new objects in the realm of nature,
so reason and common sense, and the highest authorities in International
Law teach, that in the realm of man's dominion, only Sovereign Power
can give life to new polities.  Our word body, is in the Latin corpus, from
which corporate is derived; and in part for this very purpose of creating
corporations, has the Sovereign Power existence. If this power be The Sovergranted to any single member of the state, it creates a Monarchy, either eignty in <ne,
absolute as in Russia, or limited as in the United Kingdom  of Great
Britain and Ireland; if granted to a select few, as in ancient Venice, and — the few,
some of the present Swiss States, an Aristocracy is created; if preserved -the many.
in the People, as with us, a Democracy is established, which is a simple SiDple DeDemocracy if People decide questions by their own votes, or Republican mocracy.
BRepblicaia
if the People elect Representatives to act for them, as in our State and Democracy.
Federal Governments.  But in either form  of Government, only the Was PufenSovereign Power speaks into being bodies corporate and politic; an idea dorf or Congress right -a
of Pufendorf's not well considered by Congress and the Supreme Court in to the United
connexion with the United States Bank.
The monarchs of Europe have granted charters of incorporation to Cities made
bodies politic:
many of their chief cities, the dates of some of which are lost in antiquity; others for various uses, one of the most important of which has -also Coloproved to be, facilitating Colonial settlements.  In the proper exercise nies




116              Our Foederal UJnzion: State Rights and  TWrongs.
~15. Disunion of the royal prerogative, Elizabeth and succeeding Monarchs of England,
State Citizen- granted to certain true and loyal subjects, charters to establish Colonies
in their dominions in America, with powers of Government more or less
extensive. The individuals participating in the Government of those
Who are Citi- 
zensin those cities in Europe, or in those English Colonies, as authorized by their
cities and Colonies.     respective charters, were Citizens of their several cities or Colonies.  But
only in a restricted sense can a person be entitled a Citizen of the State
A subject an of England or of Great Britain, as at different dates the mother-land has
imperfectCitizen in Britain. been entitled, and hence the Colonial charters guaranteed to our fathers
all the rights and immunities of free and natural subjects; for, though
living and even born in America, we were, nevertheless, Englishmen or
Britons.
The blunders    Outrageous blunders being committed in the science of Government,
in InternationaL Law that  even our King George III, joining with his Ministry and Parliament to
sparated us
from Britain. put Sovereignty out of the Crown, as in the passage of the Quebec bill,
led to unjust encroachments upon our rights as Britons, and our chartered
privileges. We resisted the base attempt to change our form of Govern.
ment from a Monarchy to an Aristocracy, and the tyrannical usurpations
Our true loy- of Parliament; rightfully refused to be taxed by that body; assured our
elty.      king repeatedly of our faithfulness as true liege subjects; had ever borne
our part in making free gifts-the pride and honor of Britons-for the sup.
port of the Crown, and only shortly before had received back ~200,000,
that much more than our proportion having been paid by the Colonies in
the French and Indian war; entreated our Monarch to stand by his rights
and ours; but he, indoctrinated with the heresy that Sovereignty was in
his Parliament instead of himself, turned a deaf ear to our prayers; and
Driventbywar having, by fourteen months of war, endeavored to subject us to this
to withdraw        b
allegiance.   usurped authority, he forfeited his claims to our allegiance, and we cast
off his Sovereignty and took to ourselves the Right of Supreme Command.
Justice of our A bright and golden link of justice this, in our chain of Sovereignty, that
cause.
leads back unbroken and fast to the Eternal Throne.
We could have    We could then have constituted ourselves a single State, with a single
become one
State-     Sovereignty; but naturally, wisely, and emphatically Providentially, we
-became 18. became thirteen sovereign, free and independent States.
Six Colonies  The impression is generally prevalent that the Colonies were changed
became States
before 4th  to States on the 4th July, 1776.  That is a mistake.  New Hampshire
July, 1776.
became a State on the 5th January, 1776, and has the honor of taking
the lead in this important work, under the advice of the Continental Congress.  South Carolina next adopted a Constitution, the 26th March;
Rhode Island withdrew her allegiance from the Crown on the 4th May;
Massachusetts on the 1st of May; Virginia adopted her Constitution the
29th June; and New Jersey the 2d July. The documents will be given
for these-important facts.
Severance con-   All of them, however, I am happy to record, made their State organditional, except with Vir- izations conditional on their being unable to arrange their differences with
the mother.land, except Virginia. These Colonies were true to their King,




Introductory  Compend.                                     17
and did not want separation, if it could be avoided.: But it having become ~ 15. Disuion
endangers
certain that reconciliation was impossible, in the judgment of the " Old State Citizenship.
Dominion," which of all the Colonies had been true to the Crown, faithful
even when England herself was faithless, she made the separation unconditional and absolute.  And it will be observed with interest in reading Virginia the
sanme State
the documents, that her fundamental law having remained unaltered from 29th June,
1776. she was
the date of adoption till 1830, she continued all that intervening period in in 1880.
the same condition. The Commonwealth she was in 1830, she was on the
29th June,'76, possessed at both dates of the same rights and authority,
that pertain to every Sovereign State, notwithstanding she and the other
Sovereignties delegated to the Federal Agency the exercise of part of
their Sovereign powers, first by the Constitution of 1781, and still more
by the second of'89.
Another point will be observed, that has not received the attention Neow Yorkrs
part of the
desirable, in that New York could not vote in Congress on the 4th July, British State
till 9th July,
for the Declaration of Independence, her delegates not having been tl   July6authorized; and that State did not pass her resolutions of Independence
till the 9th July.  So that while the Old Dominion had been a Cornmonwealth unconditionally for five days preceding the Continental Declaration — Virginia a
sovereign
of Independence, the Colony that is now the Empire State, was for. five State ten days
earlier.
days after that event, still a part of the State of Great Britain. Such an
effort has been made to make our glorious, inestimable Union, something ThereetferBrs
different from what it is, a consolidation of States instead of a Union, as to the nature of our
that the reader will be glad to see the documents bearing upon the ques- Union.
tion, brought together for the first time, so that he can judge for himself
as to their intent.
Although no change is or can be made in the nature of Sovereignty, Thoug all are
subjects to
and subjection can be in no degree lessened, whether existing under the Government,
yet quite a difform of a Monarchy, an Aristocracy;,%or a Democracy, yet is the exercise ference in
forms of Govof that Sovereignty, the dignity, happiness and security of the subjects, ernment.
essentially modified under these different forms. Under the first two, the
people have little or no voice in appointing their rulers; in the latter, the
whole power is theirs. In the former, the operatives, the machinery of the
Government are the servants or agents of the Monarch or of the Senate; In free States
in the latter, they are servants or agents of the People; and in each, and a choice of
all does the Sovereign Power, like the soul operating the limbs of the
body, set in motion the various agencies.  To have a voice in the elec- Those choosing rulers are
tion of these magistrates and other officials is to be a Citizen.        the Citizens.
Nobody is a Citizen of Russia, though he may be of a city of Russia. Nobody a CitAll are subjects to the unrestricted, absolute sway of the Crown. Their — though he
ay be of n
Autocrat may grant rights and privileges to a certain section or city, city ofRussia.
creating the inhabitants, or a portion of them, into a body politic and
corporate for purposes of Government, and with specific rights. Those to
whom the power is granted to appoint the rulers of that incorporation,
are the Citizens of that city.
Under the Government of our mother-land, whose admirable syste  i citizens
Under the Government of- our mother-land, w          hose   admirable   system in Britain.




1-18             Our FEederal Union: State Rights and  Wrongs.
-15. Disunion of checks and balances stands unequalled in the Monarchial form, and
endangers
State Citizen- which, the more it is understood, will be the more admired, we see an
ship.
The ti  immense advance in the privileges of Citizenship.  Not only in municipal
They participatein the le- corporations, but in the entire legislation of that powerful State, known by
glslation.
the name of The United Kingdom  of Great Britain and Ireland, do a
Noptaxeswith- large part of the male adult subjects participate. The Monarch is bound
out their consent.     by solemn compact, -to levy no taxes exept by sanction of Parliament;
and by established custom, that has become a law of obligation, all bills
of money-grants must originate in that branch of Parliament elected by
the people. To be entitled to Citizenship, to exercise the elective franchise
in that kingdom, even to this extent, is truly an high privilege. All honor
Britain'shonor to our mother-land for the great improvements she has made in the science
and glory ours
til1~776.    of human Government.  Her glory and renown are all our own down to
1776.  And she will go on to still higher exaltation.  Not yet has the
sun of Britain's glory reached its zenith.  Wrongs there may yet be, and
GOD bless and doubtless are; but when her Monarch, Nobility, and People cut loose
prosper hr  from the heresy that Parliament and not the Queen is supreme, the sound
sense, good judgment, religious principle of that Christian nation, will
bring forth still richer fruits.  Far distant be the day when we, the
daughters, shall see Britain's sun enter upon its declination.
Citizenship   But the Colonial GoVernments, provincial, proprietary and charter, gave
had higher
privileges in higher privileges of Citizenship to Englishmen in America, than at home.
America than
in England.  The privileges varied in the different Colonies; but in some, as in Connecticut and Rhode Island, the Citizens elected every officer of their GovHow great   ernments, even the governor and his council, who were considered the
special representatives of the Sovereign. The original members, too, of
those bodies politic, the Citizens, could admit whom they pleased to Citizenship, making freemen, as they were called; though how any one was
made more free than he was before, we have not found explained.  He
was permitted to have a voice in the election of his rulers, an august privConnecticut's ilege indeed, but he was none the less ruled and governed. Connecticut
charter continued till  continued till 1818 to administer her Government under this charter as
181hde Isl- did Rhode Island till 1842, having only made declarations transferring
and's till 1842: the Right of Command, the Sovereignty, from George III to themselves.
— only allegiance trans- This was done in Rhode Island on the 4th May, 1776, and in Connectiferred to
themselves.  cut in October, 1776.
The benefits  The training the colonists experienced, in exercising the rights of
o:. olonial'
traiinbg   Citizenship under the liberal administration of our Sovereigns, down to
George III, well prepared them to conduct their affairs independently,
when, driven by misjudgment of their Monarch to take the Right of Command into their own keeping, they became Citizens of free States. Great
occasion have we to revere and love our mother-land.  Much pride as we
have taken in our independence, foolishly, falsely as we have boasted of
Whether our
separation   having ourselves effected the Revolution before the war began, when it
from Britain is
advantageous, actually took fourteen months of severe war to drive us into Revolution;
cided.     we are yet in a state of probation, as present events prove; have yet to




Introductory  Compend.                                 119
determine, whether the blunders of George III and his Ministry and Par- ~ 5. Dtisunio
endangers
liament, are to be to us a lasting misfortune or a perpetual blessing.  state CitizenBut we had not only a mother-land: a father-land is also our rich  e have a fa
legacy; which, in some of its States, gave even still higher privileges of ther-land as
Citizenship than those of England.  In the Netherlands, the Reformation mother-land.
of the 16th century was signally operative.  The emperor Charles V had The rise of the
divided his empire, giving his son Philip II Spain and the Netherlands.
Philip had sworn to maintain for the latter all their ancient rights and
privileges.  Resident in Spain, and a bigoted Catholic, he endeavored, in Their oppresviolation of his oaths, to force on the Dutch Protestants the Catholic reli- In
gion and the inquisition, of which he was an energetic patron. A long
and bloody war ensued, the Hollanders having for a leader the noble William, Prince of Orange, who, as a patriot, more nearly resembled our own
illustrious Washington, than probably any other character in history.
They cast off their subjection to their tyrant of Spain; and on the 26th
July, 1581, declared themselves free and independent States.  As our free States-m
fathers did after them, they adhered to their chartered rights and ancient _ —someAristocustoms, each province or chartered city becoming a Sovereign State, eratic, some
some being Democratic, others Aristocratic.
In the Democratic States, those of the inhabitants who exercised the Full Citizen,
ship in the
elective franchise were perfect Citizens, which it is not possible for a man Democracies
to become in a Monarchy, or in an Aristocracy, however liberal may be
the grants of suffrage. If the Right of Command be granted to one, or
to a select few, there is a limitation, a control over the suffragans, not
known in a Democracy.
The Netherlands remained free till 1795, when, conquered by the The Netherlands subjectFrench, they were made to understand what "liberty, fraternity, equality  ed to tho e
really meant, of which the Dutch, it seems, had been ignorant, notwithstanding their free institutions. Early in the seventeenth century being a
land of religious freedom, even beyond that of England, our father-land Theirf.eedom.
furnished an asylum to pilgrims from the mother-land; and from Delft did
he band sail, famous in poetry and song, to New England's shores,. where
The breaking waves dashed high
On a stern and rock-bound coast,
as they rolled along on a flat sand beach. The two centuries the Netherlands remained free States, witnessed the spreading of their Colonies in Their Coloevery quarter of the globe. The Colony of New Amsterdam, in particu- nies.
Ne'v Amsterlar, became prominent and influential; and though with all their rights d,,,t.
in this region surrendered to England in 1674, most of their Citizens Conquered by
continued to reside here under the less freedom of England's Crown. As England.
our history is studied, it becomes apparent, that the example of the States
of: the Netherlands in free and Federal Government, and the inuence Influence of
of the descendants of those Dutch Citizens among us, in leading these their example
on us
Colonies to become free States, and to amake ourselves complete Citizens,
has never been understood and appreciated.
Subjects of the crown of Britain, our fathers were only partial, imper



120               Our Fiederal'Union: State Rights and WTrongs.
~ 5. Disunion feet Citizens of that State, though Citizens of their towns, counties and
endangers
State Citizen- Colonies; but taking to themselves the Sovereignty, the Right of Comrn
ship.
Citizenship   mand, the suffragans became perfect Citizens of these free and independent
perfect in    States.  Such are still we, their sons, by the blessing of Almighty GoD,
these States.
Not of one and yet not of one and the same State, by any means.  Most of my readers
the steame    are Citizens of their respective towns or cities, counties, and States; I, of
-but of our the city of Chicago, county of Cook, and State of Illinois; and our respecrespective
States.    tive States are as free and independent of each other, as Russia is of
The States   France, or it would not be a State, Nation, Commonwealth as it is; and
separate and
distinct.  Citizenship is as distinct in our respective American States, as in the Euro1ow, then, are pean.  As merely Citizens of these States respectively, we are not fellow
we fellow citizens?     Citizens; how is it then you are rightfully addressed as my fellow citizens.
~ 16. —DISUNION DESTROYS FEDERAL CITIZENSHI:P.
The answer:    To answer the above query, let us again refer to our father-land.  The
the Netherlands are an  seven Provinces of the Netherlands, erroneously called States prior to their
example.
independence of the Sovereignty of Philip, and then again erroneously
continuing to be styled the Seven United Provinces, which means a conThey unite in quered country, after they became free States; these Provinces in 1579,
a Federal Republic.    two years prior to declaring independence, united themselves by a league
Other exam- into a Federal Republic.  They had for examples that of the Hebrews;
ples.      the Amphictyon, Achaean, Lycian, &c., of the Greeks; and for a century
Their Union  and a half the one existing in Switzerland.  Those little States, weak,
gavestrength. impotent by themselves individually, by their Federal Union, enabled
that diminutive portion of Europe, to exercise a powerful and beneficial
influence on the whole world for over two centuries.  Its rise, progress
An instructive
exampleV- and fall, about fourteen years after this Federal Republic came into being,
affords an instructive lesson that remains yet to be unfolded.  When
-a new histo- American writers ascertain that the United States have the same Federal
ry of it wanted.
system of the Dutch, though improved; and that the great Grotius of
Holland published his immortal work in 1625 to straighten out the confusion of words and of ideas with regard to Government, into which the
dark ages had brought the world; some of them, instead of making confusion worse confounded, will write an intelligible history of that memorable example of Confederating.
The New Eng-    The Confederation of the New England Colonies in 1643, that lasted
land'Union,
1643.      some forty years; the effort after Union at Albany in 1754, both of
The attempt at which will be considered, anay have been consequent on our knowledge of
Albany, 174. the Netherlands, and are instructive to us as proving how well the fathers
understood that, by Confederating, separate Peoples could obtain the
The influence
of the Dutche benefits of Union, and escape the evils of consolidation.  The worth of
ciated. appre   the influence of the father-land in framing our unequalled system of Federal Union, is by no means appreciated.
The Dutch     Whereas the Dutch formed their compact, two years prior to their
Union two
years before  Declaration of Independence, ours was. not concluded till almost five years
undependence,   
ours five after. after we became free States. Though the Declaration was made by the




Introductory  Compend.                                   121
Colonial and State delegates as " by the Representatives of the United States ~ 16. Disunion
of America in Congress assembled," and though all were. deeply impressed eral Citizenwith the necessity of Union, yet must the terms be agreed on before it
The obstacles
could be concluded.  Maryland refused to give her assent till the surplus to the completion of our first
territory belonging to several of the States,-should be ceded to the States Federal
unitedly.  This induced Virginia and others, to authorize their delegates
to form a Federal Republic with such States as might accede; but on the
2d January, 1781, Virginia passed resolutions of cession of her territory Completed 1st
northwest of the Ohio, as New York had already done; and on the 1st
March, 1781, the delegates of Maryland affixed their signatures, completing and making obligatory the first Federal compact of these States.  The It created the
corporation of
chief object and effect of this instrument was, to give a legal existence to the United'ZD~~  ~    States.
a body politic that had been announced and informally instituted in the
Declaration of Independence, and known by the name of The United
States of America.  Though due forms ofInternational Law were not so
closely followed as would have been desirable, and as was practised when
a new Union was made in 1789; yet has it been considered legal and
binding, on those Sovereignties by whose joint voice, through their State
Legislatures, this body politic was created.
The fourth of the Articles of Confederation recites:
"The better to secure and perpetuate mutual friendship and intercourse among Citizens of one
the people of the different States in this Union, the free inhabitants of each of these State given
equal priviStates, paupers, vagabonds, and fugitives from justice excepted, shall be entitled to all le!,es in the
privileges and immunities of free citizens in the several States; and the people of each other States.
State shall have ingress and, regress to and from any other State, and shall enjoy Articles of
therein all the privileges of trade and commerce, subject to the same duties, imposi- Confed4er
ation, 4th.
tions and restrictions as the inhabitants thereof respectively," &c.
Though a little ambiguous in language, the design was, and it Was Thus madefel.
regarded effective, to give Citizens of one State equal rights in any other
State, with the Citizens of that other State.  Thus were the privileges
of Citizenship extended, and the Citizens of the several Sovereignties,
became Citizens, fellow Citizens, of their new and duly incorporated body
politic of the United States of America.
But this bond of Union proved inadequate to its purpose; and when ThefirstUnion
insufficient.
the dangers and necessities of the Revolutionary war ended with the
treaty of peace in 1783, a few years' experience convinced the States
that changes must be made.  They appointed delegates to a Convention, Delegates appointed to a
in whose deliberations for months, partook some of the best patriots,    Convention in
wisest statesmen, the world ever knew, and at their head was our be- s T.
loved, immortal Washington.  The form of new compact was sent to the Their form of
compact sub-.
Confederate Congress, with a request that it be submitted to conventions mitted to the
of- delegates duly elected for the purpose in the several States; and
experience having taught the impropriety of requiring the assent of
every State in order to form the new Union; Rhode Island having been The assent of
all not reso opposed to the new scheme, that she had even refused to send dele- quired to form
the new
gates to the Federal Convention; Luther Martin having declared very Union.
positively that Maryland would never sanction it; Yates and Lansing hon



122               Our Fetderal Union:  State Rigyts and  Wrongs.
16. Disunion estly believing that the majority were bent on consolidation, the certain
destroys Federal Citizen-  annihilation of individual State Sovereignty, and having withdrawn from
the Convention, declaring that New York would not accede to it, and other
States being more or less doubtful, particularly Massachusetts-under
Nine States to these circumstances, the 7th article of the new compact provided that " The
establish the Ratification of the Conventions of nine States, shall be sufficient for the EsConstitution.   
tablishment of this Constitution between the States so ratifying the same."
Their order of    Each State then considered and decided for itself, whether to adhere
accession to
the new    to the old compact, or join the new.  First Delaware broke away from
Union.
the old Union, the 7th December, 1787; then Pennsylvania, New Jersey,
Georgia, Connecticut, Massachusetts, Maryland and South Carolina; and
on the 21st June, the new Union was made operative by the accession'rhe old Union of New Hampshire, the ninth State. The old Union was repudiated by
broken,    them, notwithstanding their agreement had been so solemnly made and
declared again and again to be "perpetual."  Virginia the 26th June,
North Caro-  and New  York the 26th July, also joined the majority, leaving only
lina and RhodeY
Island consti- North Carolina and Rhode Island to constitute the old body politic of the
tuted the
United States. United States of America.
The rights of    It is an interesting and important question, whether if these two
seceding
States-of non- States, or even Rhode Island alone had remained a party to the first
seceding.                                           h
compact, they or she would not have constituted the body politic of the
United States. It would seem that, as in any other corporation, the sole
surviving member would have. been entitled to all its rights and franchises. Whether with our ideas of the Law of Nations, and the imperfections of humanity incident to the best States as well as families, Rhode
Island could have held for herself the rights of the old Union, is quite
another subject.  Fortunately for the country then, the accession of
Rhode Island to the new Union on the 29th May, 1790, saved the raising of the question.  But not much longer is it to be dodged.  The rights
anthquestion to of seceding States; the rights of States in the new Union, which with
be met and decided. -   GOD'S blessing is to be formed; the rights of any State, that may remain
in the body politic of The United States of America, are to be investigated and understood.  No subject connected with our Government, in
my humble judgment, merits equally with this, the careful consideration,
the deep research, of our ablest lawyers and statesmen.
The right of   Were our fathers right in thus breaking pact and faith with sister
ecession.    States, and leaving North Carolina and Rhode Island to shift for them.
selves? Most unquestionably they did right, though not precisely for all
J. Q. Adams'
views.     the reasons adduced by John Quincy Adams, who remarks:
ADAMs' Ad-    Rhode Island and North Carolina still held' back. The Union and Washington
dress, Jubilee'
of the Consti- marched without them. Their right to secede was not contested.' No unfriendly step
tution, 1S39, to injure was taken; no irritating measure to provoke them was proposed. The door
p. 66. 
was left open for them to return, whenever the proud and wayward spirit of State
sovereignty' should give way to the attractions of clearer-sighted self-interest and
1 A decidedly cool imputation is that, on the only two States that had not seceded.
2A very naughty thing, no doubt, yet nevertheless quite essential in free States to the legitimate and necessary control of "proud and wayward" subjects, selfish and corrupt men.




Introductory UCompend.                                              123
kindred sympathies.  In the first acts of Congress they were treated as foreigners, but ~ 6. Disunion
with reservations to them  of the power to resume the national privileges with the eral Citizennational character, and when within two years they did return, without invitation or ship.
repulsion, they were received with open arms.
The questions of secession, or of resistance under State authority, against the The opportuexecution of the laws of the Union within any State, can never again be presented votable to conunder circumstances so favorable to the pretensions of the separate State, as they were silder Secession.
at the organization of the Constitution of the United States.  At that time Rhode
Island and North Carolina might justly have pleaded, that their sister States were What Rhode
Island and N.
bound to them by a compact into which they had voluntarily entered, with stipulations Carolinanmight
that it should undergo no alteration but by unanimous consent. That the Constitution have plealed:,was a confederate Union founded upon principles totally different, and to which not -faith broken:
only they were at liberty to refuse their assent, but which all the other States com- Upnion
bined, could not without a breach of their own faith establish among themselves, changedwithout the free consent of all the partners to the prior contract. That the confede- -entire unanration could not otherwise be dissolved, and that by adhering to it, they were only imity  reqliperforming their own engagements with good faith, and claiming their own unquestionable rights.'
The justification of the people of the eleven States, which had adopted the Consti- The Declaration of Indetution of the United States, and of that provision of the Constitution itself, which had penldece juns
prescribed that the ratification of nine States should suffice to absolve them from the tifies Sece6sion.
bonds of the old confederation, and to establish the new Government as between themselves, was found in the principles of the Declaration of Independence.2 The confederation had failed to answer the purposes for which governments are instituted among
men. Its powers or its impotence operated to the destruction of those ends, which it
is the object of government to promote.  The people, therefore-who had made it The doctrine
their own only by their acquiescence'-acting under their responsibility to the Supreme of consent.
Ruler of the universe, absolved themselves from the bonds of the old confederation,
and bound themselves by the new and closer ties of the Constitution.  In performing
1 Pretty nearly correct, except, "that the Constitution was a Confederate Union, founded upon The present
principles totally different" from that of 1781. Fundamentally, it was the same Federal Union, Constitution
the chief differences being in dividing the delegated authority among three distinct Agencies, in- did not change
our fiorm of
stead of committing it to a single Congressional body; and again, in extending the powers of the Government.
Agencies to commerce; and further, in allowing the Federal Agencies to operate more directly
upon the individual subjects of the respective State Sovereignties, than had been the case under
the first Constitution.
One would have supposed "the old man eloquent," taking this grand occasion to expatiate on An opportuthe excellences of State Sovereignty. would never have termed it "the proud and wayward spirit.' nity lost to( ex-':. ~ tel State SoyIn exulting language, with thrilling power, he might have been expected to show the un- erligtty
equalled advantages of a Federal Union, composed of sovereign, free and independent States, each
of which not only had the right, but was under every moral and legal obligation, to break away
from a bad compact, and had the unquestionable right to make a new one, that should better promote its individual good and happiness, by forming "a more perfect Union." Had the Right of Consolidation
Command belonged to the whole People of the United States, as some persons have believed and would have reaffirmed, Rhode Island and North Carolina could have insisted upon preserving the first Confed- tarded the,_              1 "more perfect
eracy, and a change, however necessary, would have been very difficult, if not altogether inmprac- Union.
ticable. But for the grand truth that "the proud and wayward spirit of State Sovereignty," had
been and was fully possessed by each one of these States, the old Confederation could not have
been thus easily and rightly dissolved. Is it not unaccountable, that this wise and excellent patriot should have neglected this opportunity to commend the great wisdom of the fathers'?
"2 The principles of the Declaration of Independence," notwithstanding their perversion and The Declaramisconception, are true and everlasting, perfectly in accordance with International Law and the tion of IndeBible, as we shall see, the only doubt being as to the intent in using the word "unalienable."  We pendence accords with Inwant our European friends to understand that we earnestly maintain them as Adams here well ternational
sets them forth; and that only when by impotence, or by tyranny and wrong, a Government fails Law.
to accomplish the end of its institution, may it be changed or abolished.
3 A distinct issue will be made on this point. The whole doctrine of acquiescence, of consent, This doctrine
-has been thoroughly exploded by Dr. Lieber and other authorities. These Sovereignties instituted of cosent to
the first Federal Government, and subordinated their respective subjects to it; and finding it irm- be contested.
potent to effect the objects desired, the same Supreme Powers instituted another Government, and
made everybody within their respective bounds subject to its authority, whether Citizens or not.
None but Citizens could give acquiescence, and they constituted but a small part of the inhabitants of any State.




124                  Our Fcederal Unions: State Jigts and WFrongs.
16. Disunion that act, they had felt the duty of obtaining the co-operation to it, of a majority of the
destroys Federal Citizen- whole people, by requiring the concurrence of majorities in nine out of the thirteen
ship.        States,' and they had neither prepared nor proposed any measure of compulsion, to
The assent of draw the people of any of the possibly dissenting States into the new partnership,
the whajority of against their will.  They passed upon the old confederation the same sentence, which
the whole, peo- 0
ple required. they had pronounced in dissolving their connexion with the British nation, and they
pledged their faith to each other anew, to a far closer and more intimate connexion.
Rhode Island    It is admitted, it was admitted then, that the people.of Rhode Island, and of North
and N. Carolina could not Carolina, were free to reject the new Constitution; but not that they could justly
have objected claim the continuance of the old Confederation.  The law of political necessity, expounded by the judgment of the sovereign constituent people, responsible only to
God, had abolished that. The people of Rhode Island and of North Carolina, might
dissent from the more perfect Union, but they must acquiesce in the necessity of the
separation.2
A State cre-     A  State, a Nation, a Commonwealth, is created chiefly to bring into
ated to have an
absolute pow-7 existence an authority and power, unaccountable, uncontrollable ekxcept
er, to promote
its best good. by Deity, to. promote the general good and best interests of the population
within its bounds. While it has no right to trespass upon another State
in any shape or manner, except for its own real defence, it is bound to
The first Con- use all legitimate and proper means to advance its own prosperity. Manifederation being imperfect, festly, a State has no right to make a compact that militates against its
the States
rightfully   general welfare, and one so made is in its nature void or voidable at the
broke it. will of any party to it, notwithstanding it may be observed. The wise
and good men of the Revolution, in the stirring times of war, independence suddenly forced upon-them, not having the books and knowledge
requisite to frame a Confederation of free States, it is not surprising that
their first effort proved a failure; and  not only was it their right, but
their duty also to break away from a compact so inadequate to accomplish
its purposes as was the first.
The new Con-    Rightfully and legally, then, was the new Constitution ratified, grantstitution legal:
ing  a new charter to the body politic of the United States, which con-mnakes fe-  tains this clause:  "The  Citizens of each State shall be entitled to all
low citizens.
Privileges and Immunities of Citizens in the several States."   This, in
more correct language than the first Constitution, makes the Citizens of
each of these States, fellow Citizens of the States united.
New Statesad-    Allusion has been made to the cession of the territory northwest of
mitted to fellow Citizen-  the Ohio to the States united, out of which five States have been created,
shlip.      and, by provision of the Federal Compact, admitted into the Federal
Union; and the same rights are granted to the new, that belonged to the
A majority of   1 It was a merely accidental circumstance of not the least consequence, we judge, that by a
the whole peo- small amount, the nine smallest States outnumbered the four largest States. The Sovereign Will
pie of the U. S.
not important of Delaware operated with equal power in establishing over its subjects the new Federal Au.
in the Rati-  thority, as did that of New York within its domain.
fication.      2 But for the middle sentence, unfortunately interposed, that paragraph would have been an
Adams creates enthymeme that would have delighted Bentham equally with any of Blackstone's. The antea new sort of cedent and consequent put North Carolina and Rhode Island in an awkward fix, but "the law of
State, with dif- political necessity " is inexorable, particularly when " expounded by the judgment of the sovereign
ferent powers,
from that of constituent people, responsible only to GOD." It might, however, be asked, if reference be here
Grotius, &c.  intended, as is supposed, to the whole "People" of the. United States, what sort of a "sovereign constituent people " that can be, of which the individual members are free to adopt or to
reject its Constitution? to depart from, or to acquiesce in, a more perfect Union? That is a new
organization of a People, and a different sort of Sovereignty, from any Pufelndorf describes.




Introductory Compend.                                  125
old States.  One of these new States is Illinois, of which I have been for ~e16. Disunion
thirty years a resident, and for twenty-six years a Citizen.  Hence, it is ela Citizenmy privilege to enjoy the lofty honor of greeting you as my fellow Citizens — Illinois one
of the United States of America; the proudest, noblest Citizenship ever of them.
We are fellowknown to man.                                                          Citizens.
~ 17.-FEDERALISM: IMPORTANT TO PROTECT CITIZENSHIP.
But Citizenship is to be valued, not only for the eminent honor of hay- States are constituted to ining a voice in the election of our rulers; its worth consists chiefly in the sure subjecprotection it affords.  We are in a world of selfishness and wrong, mani- tion.
fest in State action as well as in individual men, and a man or a People
that pays due regard to its interests, will make itself safe, so far as it
reasonably may, against unjust aggressions from  any and every quarter.
It is not to give liberty, it is to create a right and power of subjection,
that States are instituted; it is not to maintain equality in the social organization, but inequality, that Governments are framed; and the more perfectly is this accomplished, the less oppressed thereby is the faithful subject, the more are the State and its Government to be esteemed and
sustained.  It is for man fallen, selfish, depraved, that authority must be Rulers liable
to err, and
instituted; and as the authority must be administered by the same erring need checksmortals, it becomes the important problem, as Calhoun well shows, how
the exercise of this authority can be itself properly regulated.  And probably in the sequel, it will appear that by GoD's kind providence, not by
our own wisdom, for we have never comprehended the excellences of our
Government, have we been led to frame, by union of State and Federal gFederalinsm
Agencies, the most perfect system  of checks and balances the world
ever had.
In our growing ignorance, which as thick darkness has settled upon Our ignorance
rulers and ruled, we have lost sight of these essentials; and those in
authority seem  to care very little for the checks in wisdom  put upon
them.  Paul understood this subject of Citizenship and protection, and a Paul understood Roman
little circumstance in his history may well be considered. Arrested by Citizenship.
the military authorities of the Empire, in a tumult at Jerusalem, he was
given to subordinates, by the chief captain, to examine by scourging.
" And as they bound him with thongs, Paul said unto the centurion that Act8 xxii, 25.
stood by, Is it lawful for thee to scourge a man that is a Roman and
uncondemned?"  The centurion forbears, and going to his captain, says,
"Take heed what thou doest, for this man is a Roman."  The captain,
returning to Paul, inquires, "Art thou a Roman?"  Hie said, "yea."
"With a great sum," said the captain, "obtained I this freedom;" and
Paul, with that dignity which must have pertained to the great Apostle
of the Gentiles, observes, "but I was free born."  Far off in the Roman The protection
Rome gave its
province of Judea, the despised Christian, who enjoyed the privilege of Citizens.
Citizenship of Rome, was sure of the protection of its Government. The
military, even in that military State, and not in the days of the Commonwealth, when the high privileges of Citizenshipwere far more perfectly en



126                   Our Fcsderal Union: State Rights-and Throngs.
~ 17. Federal- joyed, but after several Emperors had  for half a century possessed the
ism important
Citizenship.   sovereign power, was wholly subordinate to the civil authority.   With  a
much more perfect system  of checks on a wrong exercise of power than
Our system
more perfect Rome ever knew, it will not be one of the least interesting and important
than Rome's-p
subjects to consider, how it is that our fellow Citizens of the United
-yet Citizen- States, instead of being protected by their Federal Government, are most
ship outraed infamously outraged in their most sacred rights.   When corrected  in our
theories as to Government and Sovereignty, such insufferable blunders and
wrongs as we now patiently endure, will be neither tolerated nor committed.'
abect  Corpuas. President   1 The subject of this Section, "Federalism  important to protect Citizenship," is one of the
Lincoln's cor- most interesting to be considered, and the appearance ofthe correspondence between the Presirespondence   dent and the Albanians, causes regret that more space cannot be here allotted. The lamentable
with the Albanians.      occurrences, however, under the present Administration, do not at all disprove the claims made
It is not Fed- in behalf of Federalism. It is not Federalism, but its desertion, that leads to these wrongs, and the
eralism, but its differences of opinion concerning them; and let the sufferer wait patiently till time and opportudesertion that nity shall enable our Citizens to reach the deserters of Federalism  through the ballot box, and
sjbleundt'hse  through the courts of justice instituted to take cognizance of, and rectify the wrongs and injustice
wait a little to of any inconsiderate or base subject, who should dare to usurp the prerogatives of Sovereignty, by
see the excel- acting contrary to the letter of his authority, the Constitution, and we shall then be able to judge
lenses of Fed- of the real worth of Federalism.
eralism.        This correspondence shows more than ever the.necessity of recurring to elementary principles.
Albanians talk The Albanians speak of "a civil war," and the President affirms that they admit it to be "a rebelof "civil war,  lion;" and basing his argument on this mistaken hypothesis, does he go on to argue his right to susthe President
of "rebellion." pend the writ of habeas corpss,- &c. Though space cannot be taken to do justice to this great
H~abeas Cot-  subject of habeas corpsts, which will be at length considered in Part III, Wrongs by the North, in
pus discussed connection with the views of Mr. Binney, Professor Parker and others, it may be well in this
in Part III.   compend to intimate a little of what would seem to be the result of abandoning the teachings of
The difference Locke and of Blackstone, and adopting those of Hooler, Grotius, and Vattel. It will serve, in a
between Mon- measure, to discover the difference between the exercise of Sovereignty, the Right of Commascd,
archy and a   by a Monarch, and by free Peoples.
free State.
The subject in Britain, from the highest prince to the lowest beggar, owes allegiance to his
In Britaijctn ohe Monarch; the Monarch owes protection to his faithful subjects. These obligations are reciprocal.
allegilnce, the The King can do no wrong, being above the law, as Grotius proves, quoting St. Hierom and St.
Mlonarch pro- Ambrose, who refer to David's penitential Psalm where he says, "Against Thee, Thee only, have
tcction. -    I sinned, and done this evil in Thy sight."  Says St. Ambrose, "David was a King, and so subject
GorOTIUs i, c.  to no Laws; for Kings are free from those shackles, wherewith their subjects' crimes do entangle
5,~  20.     them; they fear no punishments, being secured by the power of the Empire." And Grotius adds:
Kiln above   " To man therefore he sinned not, because to him he was not accountable for his actions." But
law.
Thoughlaw.    though the King could do no wrong, he could not personally attend to every affair of Government,
Thoin-gO the   and must appoint subordinates to aid him. These might do wrong, sometimes make improper
King does no
wrong, his    arrests, and the King, the faithful guardian of his faithful liege subjects, in order to save from una;ents do.    just imprisonment, granted to all indiscriminately " the privilege of the writ of IHabeas Corpus.".
Sometimes ar- The theory of this is, that the King, properly jealous of his subjects' rights, believing them to be
rest improper- innocent till they are proved guilty, issues in his own name, by his Judges appointed for the purl!-           pose, his command to bring the body of his faithful subject before a Court, to inquire wherefore
King inquires his precious liberty had been infringed. If no adequate cause be found for his arrest and impriswhy, by crpu- onment, he is discharged; and in all but capital offences, admitted to bail, even if probable guilt
be discovered.. Charles I, in order to secure these privileges, granted to his faithful subjects the
Endeavores I tof Petition of Right; and there being a corrupt court known as the Star Chamber, that by some
cure his sub- adverse influences or other prevented the subjects from properly exercising " the privilege of the
jects.        writ of habeas corpus," that was abolished by the king with the advice of Parliament.
Charles II,      It being still found, that notwithstanding the admirable theory, somehow or other in practice,
lhabeas Cor-  subjects did get into limbo unjustly, the Lords and Commons in Parliament assembled in 1679,
pus Act, 1679. prevailed upon that pattern monarch, " the King's most Excellent Majesty," Charles II; to pass
that celebrated act entitled, " An act for tie better sectritng the Liberty of the Subject, and for
the _Pre'vetsion of Inprisonnents beyond the Seas."  It recites:
Statintes at'Whereas great delays have been used by Sheriffs, Gaolers. and other Officers, to whose CustoLarge, vol. iii, dy any of the King's Subjects have been committed for criminal or supposed criminal Matters, in
- 374.    *'lmaklningc Returns of Writs of Habeas Corpus to them directed, by standing out an Alias and Pluries
tHbo'a.bs uorpU4s, and sometimes more, and by other shifts to avoid their yielding Obedience to such
Writs, cntrary to their Dutty and the known Laws of the Land, Awhereby many of the King's Subjects have been. and hereafter may be long detained in Prison, in such cases where by law they
are Bailable, to their great Charges and Vexation:
"II. For the Prevention whereof, and the more speedy relief of all Persons imprisoned for any
such crinminal or supposed criminal Matters; be it enacted by the King's nost,xcellenlt 3[ajesty,
by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this




Introductory Compend.                                                 127
A  Citizen, too, wants strength in his State, or in its alliance offensive ~1.7.edertaland  defensive, to preserve it against dangers from  foreign  States.   A  to protect
Citizenship.
trifling  inducement is it for a worthy man, whether poor or rich, to be- -
come a Citizen of an insignificant Commonwealth, for the meagre honor State increases
the protection
of electing rulers, who would have no ability to defend the State and its of Citizens.
Citizens against aggressions of other States.   Selfish  as are individual Statesliableto
err.
men, so are the  States of earth, and every one of them  is liable to encroachment and wrong; and no authority being constituted to judge between nations generally, it often becomes necessary to resort to the ultima Force someratio regum, the last reasoning of Kings, to maintain their rights.  John timesrequired'
present Parliament assembled, and by the Authority thereof [and it goes on to provide that upon
the writ of habeas corptus, a trial shall he had in three days], unless the Commitment aforesaid
were for Treason or Felony, plainly and specially expressed in the warrant of Commitment. [&c.
and section x. provided that if any of the rascally subjects of his excellent Majesty, Judges, Barons,
&c., should dare to refuse to grant this prerogative writ], they should severally forfeit to the prisoner or party grieved the sum of ~500."
Hallam states that in the reign of Charles I. five knights wvere arrested for refusing to submit HALLAM':8 acto forced loans to the king, who sued out writs of habeas corlpus, to which returns were made count of the
that the parties " were detained by a warrant from the privy council, informing him of no particu- ocasion of this
lar cause of imprisonment, but that they were committed by the special command of his majesty."
" The fundamental immunity of English subjects from arbitrary detention, had never before been Constilzrioiso fully canvassed; and it is to the discussion which arose out of the case of these five gentlemen cal Ifstory, i,
that we owe its continued assertion by parliament, and its ultimate establishment in full practical 820.
efficacy by the statute of Charles II."
Prior to that act, it appears that practice under the writ varied, but when the King graciously How this Act
enacted that his judges and officers should do precisely so and so for the protection of his faithful afforded secusubjects, those officials must obey; and the proceedings in the case of habeas corpus having at rity.
length taken the form of a statute, the King himself could not thereafter alter them or interfere
with their operation, because it had become the established custom that laws should not be altered
or suspended without the assent of the Lords and Commons. Hence it is that only by the concur- Laws only alrence of Parliament, can'"the privilege of the writ of IIabeas Corpus" be suspended; nor is the tered by conSovereignty of the Crown at all impaired by this constraint, because it is supposed to be, as Vattel  ent f Prl
styles it, "an engagement into which he has very willingly entered," it being for the best good of
his kingdom.
Now these Sovereign Peoples of ours are even more jealous of the liberties of their subjects, Our Soverthan ever were our English Monarchs. They have to employ officers for the protection of their eighties equalown Majesties, and also for the defence of their loyal subjects; but these judges and gaolers, like lytheir ouectfor
those of England, may do wrong, and innocent men may get into custody. Therefore the prerogative writ of habeas corpus, is equally necessary here as there. " The privilege of the writ of
habeas corpus," has come to be one of our natural rights as Anglo-Saxons, in the enjoyment of Ha cbecs Corwhich our Sovereignties desired to protect us; and as in these Republican Democracies the Right pus a lecesof Command is of necessity altogether exercised by agents, it has been arranged that the mode of sary safeguard.
obtaining and administering justice by means of this great writ, should be controlled by funda- Its ", privilege"
mental laws, called Constitutions, and by statute laws enacted by the Legislatures. Though it be regulated by
a natural right to have " the privilege" of this writ, yet the mode of its exercise depends altogether law.
on the laws; and wherever the Legislative power resides to pass the original law, either fundamental or statute, there is to be found the authority to alter, to suspend, or to abrogate that law.
In creating the Federal Legislature, authority is given it upon various subjects, and section 8 The Federal
concludes: " To make all Laws which shall be necessary and proper for carrying into Execution the Cottslitution,
foregoing Powers. and all other Powers vested by this Constitution in the Government of the United Art i, ~
States or in any Department or Officer thereof." The writ of habeas corpus was of course " necessary " to any Government of Anglo-Saxons, and yet the Federal Agency being one of strictly limited powers, it might have been doubtful whether the right to issue this prerogative writ had been
delegated to this Agency, but for the second clause of the ensuing section of the Constitution, -authorizes
which in great wisdom puts a check upon Congress in the exercise of its legislative powers enu- the control by
Congress f
merated in the previous section, one of which is, "The Privilege of the Writ of Habeas Corpus the  spriv-o
shall not be suspended, unless when in cases of Rebellion or Invasion the public Safety may re- lege,"
quire it." Thus negatively is the right of Congress recognized to pass laws to regulate the process -in cnses of
of this writ, otherwise it could never have had power to "suspend;" and so properly jealous are rebellion.
these Sovereignties of preserving to their loyal subjects " the privilege of the writ," they declared
positively that it 1" shall not be suspended, unless when in Cases of Rebellion or Invasion the
publicSafety may require it."
Who would ever imagine that Anglo-Saxons of talent and learned in the law, would argue, A quere.
that this great safeguard of liberty, " the Privilege of the Writ of habeas corpus," rested upon the
doubt whether a great or little " Rebellion " existed in the State or not? " In cases of Rebellion or




128                   Our FcederaZ Union: State Rights and Wrongs.
IT. Federal- Quincy Adams thought force constituted  the  chief element in Interna.
ism important
to protectp   tional Law; and without doubt, with us, who so much better understand
and employ practice than theory, strength will be duly estimated.  When
A strong State
then desirable. brute force is requisite, Citizenship in a powerful State or Federal Union
is preeminently  desirable, for the  more  powerful the  Government, the
less its liability to encroachment.   What an honor, what a security, to be
The strength  even an imperfect Citizen of our mother-land, in order to be protected by.of Britain.
a "power which," in the language  of New-England's great statesman,
" has dotted over the surface of the whole globe, with her possessions
and military posts, whose morning drum-beat, following the sun, and
keeping company with the hours, circles the earth with one continuous
and unbroken strain of the martial airs of England." But for the confuWe might    sion of terms and ignorance of governmental principles, which are neverhave had her
protection.   theless clear as the light, and  straight as an  arrow, the power of these
States would still have been Britain's, and we. should indeed have had
Can we pro-  safety.  Are  we  able  independently  to  secure  adequate  protection?
vide protection.-       Though we have gone successfully through two wars with even Britain
herself, yet was it as the United States; it remains yet to prove our
capacity  to  keep  these  States  united';  or, if disunited, that we have
ability to attack and defend.
See P. T3.        Very important in this connection are the examples, already referred
Protection of to, of Greece, Rome, and France.   The first exhibits the power of small
Citizenship in
Greece, Rome, States to protect each other and their individual subjects, when united in
and France.
a  Federal league;  the two latter, strikingly  exemplify the  danger to
which Citizenship is exposed, when protected only in a single Republic.
The "privi-  Invasion," and when " the public Safety may require," then " the Privilege" may be suspended.
plege" my bfe That is the fair construction. In a little "rebellion "' it would not be necessary, and will the wise
suspended, if
necessary.    men of this generation undertake to affirm that the fathers were such simpletons as to deprive
themselves and posterity of " the privilege " of this writ in the event of a little rebellion? Their
language is singular if they so intended.
Somebody        Then if it be not " suspended," in the event of any rebellion of however small degree, ipsojwre,
must suspend by the law itself, some party must have the power of deciding when the case of rebellion or inVait.          sion reaches such degree that " the public safety may require " the temporary suspension of " the
Only the party privilege of the writ."  Some party, too, must be authorized to " suspend" " the privilege." "The
that can pass privilege of the writ" is universal, regulated and controlled by public and general laws, and unless
the law can   there were a provision in the law itself providing for its suspension by some authorized party, in
suspend it.   certain emergencies, of course another law must be passed to suspend " the privilege," as well as
K!inrofBritain to make any other alteration. This is the theory and the practice in Britain, and their security in
catlnnot sus-  the enjoyment of " the privilege" of this prerogative writ, rests in the fact, that they have now
pend hlabeas the right regulated by statute law, which not even the King can " suspend " without sanction of
Cop U s.      Parliament.
These Peoples   But these free Peoples had no King to interfere with them in "the privilege of the writ of
have no King habeas coptses," or in any other "privilege" or right; and what is more, they took good care to
— meant to
have none.   guard against the possibility of being ruled by the one-man power, their special abhorrence; and
in the whole Federal Constitution, is no clause that so effectually protects them against that evil,
This rabeas as this negative provision concerning the habeas corpus writ. It is well understood, of course,
protetion.t a that in this country, where authority is so distinctly distributed to the various Agencies, each
Department is strictly confined to its own province, and here this negative provision is found in
Each Depart- its appropriate place among the restrictions placed upon Congress. Who of the patriots of'8T to
ment restrict-'89 could have ever imagined that, in less than a century, the whole nature and genius of our ined.          stitutions would be so misunderstood and perverted, as that the President of the United States
would even dare to suspend' the privilege of the writ of 7abeas corpus"? Could anything human
Our ignorance move the dead, Bostonians would be started out of their lethargy, by the bones of Samuel Adams,
of principles  Parsons, Sumner, and the other patriots stalking about the old church in Long Lane, where they
would, raif ptohs ratified the present Constitution, and then significantly changed the name of the street to FEDERAL.
dead.        And so all over the land would the fathers rise from their graves in astonishment, at the degeneracy of their sons.




Introductory  Cormpend.                                     129
In Rome, the grandest, best-balanced single Republic ever instituted, was   7 1.i Fedetrala't
the Commonwealth overthrown by Julius Caesar, and then by his nephew to protect
Citizenship.
Octavius, and so entirely were the liberties of the Citizens subjected, that In Rome, easiin less than a century, Nero was able to establish his despotism. And ly destroyed.
the obliteration of the provincial divisions of France, its complete consoli- FlSace.
dation of the separate organizations.which might easily have been created
into single States, and then have been united in' a Federal Republic;
seems unquestionably to have been the occasion of the destruction of
Citizenship in that Republic.  Disregarding the wisdom  of their own The folly of
France in dis-}Iontesquieu,l they annihilated their only safety, the provincial divisions; regarding
Montesquieuds
and their boastful title, "The Republic one and indivisible," they seem wisdomqueu
to. have taken special delight to contrast, in vaunting arrogance, with the
miserable division of this Republic into separate States.  The wonderful Necker, La- ~                                           croix, and De
wisdom of the great and good Necker, who in 1791 so correctly investi- Tocqueville
will teach us
gated our Federal system, and predicted the ruin of France, will strength- theodvale of
en our confidence in Federalism  to preserve Citizenship; Lacroix will protect Citi
zenship.
furnish us with much wise counsel, and even his errors and misconceptions will be serviceable; and the genius of De Tocqueville will supply
still more valuable instruction, the result of the most thorough, philosophic
examination into the genius of our institutions that has been made, and
that, too, when their excellence had been- tested by half a century of
practice.
When these topics shall have been well considered, particularly the Alarge Federal Union deexample of Greece, and the wisdom of Aristotle in desiring the Union of sirahible.
all Greece in a polity of polities, then, and not till then,' shall we be prepared to appreciate the wisdom of the fathers, in providing to admit State
upon State into our Federal Union. -Then can we see how wise, ne- Wisdom of the
Louisiana purcessary, providential, was the Louisiana purchase, stretching from the chase-,
sources of the Mississippi to its mouth, and westward to the Pacific.  The -of annexing
Texas and
annexation of. Texas will have been proved judicious and Constitutional, parts of Mexthe acquisitions from Mexico eminently desirable, all of which only fore-sco-further exshadow the ultimate extension of our Federal Union to the Isthmus, and tent South.
to the Wrest Indies.
A fair and candid examination of these topics will discover; it is be- The States
have not only
lieved, that not only have these States rights, in the States formed out of their' commowa
rights in these
their common territory, not' only possess the ordinary rights of Citizen- territories, but
to the protecship, as of free navigation, free trade, &c., but more important still, tion of the
Union.
tthe right possessed by each and all, to the protection of Citizenship'which
the Union of all these States affords.  Already, while the war' to accomplish the first scission is at its height, do we see the' attempts of a sister Attempts already to divide.
Confederacy to weaken its rival by division; and they will certainly be the North.
pursued and accomplished soon after: the first separation is fully made.
And is the South a unit?  What are the threats of Texas?'What will not thy
mean the efforts there, to give the Lone Star again a separate existence idSouth be di-'in the political firmament?  Are there no threats nor fears of further
scission elsewhere?.9




130              Our Faderal Union:  State  tigihts and  W0songs.
~i17. Federal-   Prospering in this Union as have no other Peoples of which we have
ism important
to priotecht   record; higher privileges of Citizenship enjoyed than any other free
Citizenship.
The benefits  States ever gave; the Federal Union increased and strengthened, till it
Union.hasgiv- has become the equal of our strongest rivals; security afforded to our
on us as Citizens.      privileges of Citizenship against domestic faction, against foreign aggression, superior to any governmental system  before devised; here are we,
in the very height of our prosperity, endangering, many endeavoring to
No longer are destroy, these priceless privileges.' No longer are we fellow Citizens of
we fellow Citizens.in all the Virginia,'Louisiana, and. the other seceded States. Not only endeavoring
States.
to deprive us of our rights in those States; the value of Citizenship in
Vale'of Citi- this Federal Union is largely diminished by the withdrawal of so power.
zenship diminished.     ful a part of these States: and division once permanently accomplished,
it stops not till various rival Confederacies spring into existence, and the
A possible  swars and destruction of. Greece will be reienacted in America.  Against
safeguard
against the - these evils Providence ~has led us to interpose a safeguard, that may yet
wron.
be. f.ound:effective.  If the Southeastern States have an unrestricted right
Secession of of Secession, the Southwestern, it would seem, have not.  They cannot
Southwestern                 S -       ee
Statesdestroys withdraw from the Union without destroying invaluable rights, a destrucour rights —'tion that the North, and especially the West, will never endure if we can
help it. -The privilege of being fellow Citizens of the Mississippi States
-notwillingly below us, we shall never surrender until we are subjugated, or till the war
to be yielded.
assumes a very different aspect.  Some of those States have actually
seceded and joined another Confederacy without our consent.  They are
endeavoring to take- from  us our rights by war and conquest.  If they
have the power, we shall be despoiled;' but trusting in the GOD of justice,
we, do not believe-it is His will that this wrong should be done us; that
this experiment in free Government, after the pattern given by Deity to
His ancient People, should be jeopardized by disunion.
~ 18.-MOTIVES' AND WAYS TO PEACE AND A NEW FEDERAL UNION.
Rights jeopar-    But with right on' our side, and everything to encourage us in this
conflict, when once we understand the theory of our rights, and the nature
of this war, the issue is still uncertain.  Inter arma silent leges: in war the
Possibility of: laws slumber, and expose us to be despoiled of our rights. Foreign nations
foreign interfereigninte.  may interfere.'Thus far the good and prudent conduct of our foreign
affairs, has -enabled us to preserve neutrality with other Powers, and no
reason to apprehend a change is perceptible. Yet may we not rely upon
Future uncer-tile future.  It is all uncertain; the: changes are unknown, and we are
rain.
ignorant-of the period of their approach.  With us. in the West, foreign
The West
would perse- interference would work no change of, purpose.  We should still be
vere.      true to the cause of justice and defence, and steadily wage the war for
oEautldth    U   nion. Bat would it be so with the East?  With their sea.ports  exposed, commerce in jeopardy; with the Abolitionists seeking disunion,
the peace Democrats an end of hostilities, how long could the West
expect the war to be effectively prosecuted by the East?




Introductory  Compend.                                   131
We are mainly from  the East, and the: practical co-mmon-sense we ~18.adMtives
have inherited, has not been largely diminished amid our cosmopolitan Peace-ald a
associations on the -broad prairies, big rivers, and great. lakes of the West. The West de'We look at things as -they are, understand the imperfections of human- sirons of hoenity, subscribe to the teachings of Pufendorf, that interest alone' will govern
these States.  We therefore watch with painful solicitude. the progress
of.events, and no section of the Union willhail with'equal joy the first,glimmering rays of honorable peace, as will. the West..  Brethren -of the South- I. alien: enemies that you are, yet brethren The West can-:still, dear and well-beloved I when you are tired of this war, shall.under- 1't wpeab':tand that we: have taken from you -practical lessons in this doctrine of    Soeglad toha do
State rights, that we have: pluck- enough to fight for these rights, till you socease your endeavors.to dispossess us;;when tiring of "the image of the
beast," the. use of " force,".you seek" reason" which has " more of. the
image of GoD,"-oh, how.shodl we welcome -the change I- We cannot.speak. p~eace to you, but;-most heartily shall we listen and respond to the -desires a
sweet tones from you.  We shall be with you, too, to'form a new Union trUo Federal
upon the Federal basis that shall not be liable to consolidation.:It shall
be  reared firmer. than ever, on the. solid basis of State rights...;.Yet speak I not by authority for the North; nay, not even for the The writel,.W~est,.  In this case unquestionably "the. wish is father. to the thought." spethkrit by
-A humble private Citizen,.I only.give expression:to: individual hopes.and
expectations produced by two. and a half. - short.years, of earnest,- neverwearying study into the principles of Government, in their application to
our country. - But bringing. together important documents. and facts, Re' only starts
quotig. the: words of wisdom from  our own sages and those  of  other "thastin     h
lands, there -seems to be -some ground of trust that this. humble -effort will mutst e proseistart a series of investigations which, pursued by. competent writers, wl will unite us as
Federal Redevelop anew  the excellences of our Federal System.  When that shall publicans
be d:,nej- we shall. be a united band of Federal Republcans, even our:
Abolitionists being.'.earnest... supporters of State,Sovereignty, the: only
power we can ever- hope to have, whereby what::they:regard as.:the.plague-spot on humanity, is to. be removed.
But. if over-sanguine in -these hopes, if consolidationis still the'desire The line to be
drawn beof- some, and if, on the-part d6f;others, no Union is to be formed with tween Federslaveholders, we want to. know. it.- This can only be ascertained with  aidStnconprecision by. aConvention.; and.when our able statesmen and politicoeconomists.shall have enlightened the public mind, an expression of opinion
must. be had as to whether we are for a. reconstruction of: our Union or A convention:
not, and what, the terms.  The'old compact is broken, and we shall find require
Webster declared a fearful truth,'when he said, ".-A compact broken on The old Union.one side, is broken on all sides."' -A new compact is. to be. made, a new brokenUnion formed, as -was done- in 1787 to'89.  May equal wisdom, patrirot a new one t.be made.
ism,. c onciiation   now: prevail, as then gave.reunion.-;:. EBminent!y, prope'r.is. it.that the old States of the, East, to which the The old Statph
to take the
younger sisters have looked- for counsel and instruction, andwhose teach~ lead



182               Our Fsederal Union: State Rigts and  I roizgs.
si8. Fotives ings have mainly led to the present condition of Federal affairs, if they find
and ways to
Peae Unald a'upon examination their teachings tohave been wrong; very proper is it that
now-Union.:teachings                                           r         s i
-to correct  they should: lead in the effort to correct these errors. The Commonwealth
their. errors. - f Massachusetts;,'that has so often and plainly'affirmed her rights as a
Proper inzias-. sovereign, free, and independent State; New Hampshiie, that occupies the
sahusett istinguished position of having first thrown'off her Colonial dependeice,
shiire-  p.and placed herself in the rank of sovereign nations; Connecticut, which so
-Connecti-  richly values the memories: of her Johnson, Sherman, Ellsworth, and in
cut-:large degree, because'.of their faithfulness in protecting' their State Sover-NoewYork- eignty from-encroachment; New: York, whose prudent and guarded form
of accession, and her subsequent acts, so strongly bespeak her dread' of
-Pennsyl-  consolidation; Pennsylvania, whose wise and judicious Wilson aided'so
Va'i-      effectually to establish Federal principles, and whose LaWi Lectures clearly.-Maryland- demonstrate the'Federal nature of our Government;  Maryland, whose
Luther Martin has given undying renown to the determination of that
-State to' maintain its Sovereignty, freedom,'and" independence; plucky
-R-. Island-:Rhode Island, which came last into the Union, when after two years' consideration she found it could be done without consolidation, and yet with
most guarded resolutions to protect her Sovereignty, equally as precious.-N.'Jersey- to her as to the  mpi're State or'the Old Dominion; New Jersey, which
battled so manfully in the Convention of'87 for State rights; and little
-Delaware.  Delaware, the first State to ratify the present' Constitution; meet is it, if
these Commonwealths have the determination'of the fathers, that each
shall. continue sovereign, free, and independent, that they take the lead in
Eastern teach- making the important declaration.  The great teachers in Law and Govrwith I. the fla-t ernment, coming chiefly from these Eastern States, are in conflict with'the
throstiad.-old fathers, and seem' to be: with the old authorities also, and it is quite time
to decide which is to be credited. -We in the West, with due respect for
our seniors, will wait reasonably for the East to take the' lead.
Tho West will    But the East must not expect the West to lie by patiently for a long
not wait long. period.- The statesmen of the: West will soon discover whether this new
line of investigati6n'into the causes of our calamities, is worth pursuing;
and whither it leads.  They will not be many months in'ascertaining
that, if there be anything in it, the sure result is'peace and' reunion.
When we shall have come' to that conviction, the East must'act quiikly,
Is not making if it gets the start of the West.  We are very 2ractical on the prairies.
money by the
war. WY       e are making-:no profit out: of this war; however it may be with
others.  The stopping of our shipments to the South, throws upon the
The East-does. northern routes of'transit, all the productions of the West.  The'owners
of our-railroads and'of our lake vessels, mostly Eastern men, taking
advantage of out necessities, have advanced prices of freight, and' our
The West will farmers get a mere pittance for their produce.'We have borne our
till endure
itr "'but de-: grievances patiently,. and'hallso continue, as long as shall be found o necesonsistpent if sary.  But we wish the war to end at the earliest'day practicable with
with honor  honor to' our country, and with the preservation of'our rights.  If we
learn that the South desire peace and reunion with us, upon the' true




Introductoryo  Compendl                                  1
Federal basis of our fathers, we shall not -be long in-.giving our cordial ~1 s. Momveas
and ways to'.
acquiescence to, both.                                                    Peace. and a:
new Union.We will not be separated from the South.. We will fight them just The West and
as long as they choose to fight our Government, and endeavor to takeiSot hdareod.
away our rights, but with Ho malice or ill blood; and when' they come to
reason, we will be with them  like brothers to reconstruct a Union indispensable to both of us.  New York and Pennsylvania,. New Jersey and Other States 
Delaware, and Maryland, and.the Pacific States,: and somne or all -of the New form a new, ~;i...... J ~''.... Union —
England States, will go with the West and meet the South in convention
to form a new. Union.  They can agree upon terms: satisfactory to most
or all, and if South Carolina shall refuse to come batk, because she cannot  if some refuse, theyan
be allowed to nullify and secede; at will; if any New England State stay out.
decline a Cpnfederacy which cuts her off forever from; interfering with
slavery, the new Federal Republic, must for a time dispense with their
aid?, they taking care to p;y their quota of pre6xisting obligations.. The debt will be heavy,, probably reaching five or six thousand mill- The debt'to'be
heavy.
ions, when all the costs and charges of this war are: paid; but with reunion of most or all the States, and a tax upon exports; to which the A tax on ex
South will now  assent,'having already:adopted -that improvemefit in ports.
their Constitution, the load will not' be burdensome after a few  years.
This indebtedness will be mostly in our own hands, and with reunion, Indebtedness
-J;  -''.... to rise in
confidence will be restored; ad it will be the best security in the world, value —
in afew years, going up to 20 and 30 per cent. premium and more, and
the profit be:chiefly our own.  When individuals can use capital to better
advantage thani the interest, will the bonds be, sold, and by foreign invest- -wilt draw
ments will our cash capital be increased, ere long, two or three thousand foreign capita,
millions.  The rate of interest will be heavy till the first. period of loan Interest large.
expires, when it. will be largely reduced, and it is questionable, in view
of that,, and the greater ability to pay ten to twenty years -hence, whether Query as to
we; should attempt at once- by direct taxation, to m.eet'all our interest paying it liby
direct                                  taxes.
and expenses... The danger of foreign war will' have been diminished by
tjis exhibition,of our powers, and the probability of considerable expenditure for extraordinary purposes will be small, and with great propriety
can, the debt be made to:bear no heavier,upon us,:than upon the next
generation and those following, that will derive benefit even from  this
war.-, A sliding scale of duties that-Britain has taughtlus, will be admi- A tax on -exrable upon. our cotton, tobacco, provisions, &c., and save us considerable in pieve us.
taxation.  And we have now a debt sufficient to satisfy the most extreme Protection' of
Whig for its protective excellence.  That bone of contention the South  lSsecured.Y
itself has removed for many years, by the load of debt its war has created.
When it may again be presented, the West will, be the seat of empire, The power of
and its interest will be identical with the, agriculture of the South; and. Whteest-idts
whether it shall be expedient to look to imports or exports chiefly for our Soul ith e
income, or to both- jointly, in the twenty-five or' fifty years in which all
tf-he revenues possible must be derived fro.m,both, the manufacturing The South na
interest of'America will have become sufficient;ly established, to defy the' West to rule.




1:~34              Our EFoderal  Union:  State Rights and  Wdrongs.
~w8.tMotlves competition  of the world.  The South as hitherto, till the last three years,
and -wys to.......
Puce.:and-a  will plan and manage our political concerns, and the West will furnish
now U4nion.:-.-.-.-..  the votes for their adoption.;The cost of.;.The cost' of this war is by no means! awaste of funds altogether.
this wi"t not a
dead loss.    Aside from  benefits already suggested   we are taught the blessings of
Union.  All nations areoliable to war, and for it should prudently provide.
It teaches'Were we divided, the North and South being rival Republics, we should
Union.
never aid each other.  Jealousy and bitterness would'be naturally and
The South   pdowerfully engendered to: make us rejoice in each other's injury.  The
know the advantage of di- South never b:efore knew the advantages of a Union, in one section of
versity of pursits-..P- which manufactures flourish, which in the event of war will enable us with
comfort to sustain ourselves; and we in the North have learned the value
-also the
sNorth.      f Southern productions as never before understood.  The necessity of the
great nations of Europe, too, to have our productions, has been newly
peuropean de  demonstrated, and is to be a-safeguard against wrong toward us, a strong
certained.:-bond to keep the-peac,- and -thie.ex-hibition: of the' war power of this
young and peaceful Republic, would, if united, command toward us thl
peace of the world.
Large demand    The exhaustion of the markets of cotton and its manufactures,'will for
for cotton.
years- insure: a large demand a'nd: high prices, despite all foreign efforts
to get supplies elsewher'e.  The slaves in the border Stateds w:ill be put
The South -to South to raise it, and the' payments the Government is to make there for
prosper-    damages, will supply owners with capital to remove them, purchase land,
-also the    and start plantations'.  They cannot afford to raise corn and'provisions,
althest. and for cotton and sugar. will pay better, and the f6rmer the Northwest Vill
furnish; and being, exhausted of manufactures, the East will reap a harReturn ofkind vest in: their supply.:Many thousands-of the energetic men of the North
feeling' —
een  in our armies, will:make their homes in the border and cotton States, not
only benefiting that section by: their numbers and labor,-but causing a
return of good feeling as the South learn, from- intercourse,- that they have
-and prosper- misapprehended the North.. All the channels of; commerce will feel the
- ity.      mighty impulse, and each section, with reunion, will have -aperiod of pros}
perity never before witnessed.
The war will — Theh  war, too, will give us new and lasting instruction in the principles
the excellhen- of our Government.  The confusion into which prosperity has led us,by
ces of Feder',                                                  poertu
aesni.''   this conflict'will be dissipated, and the exceilences and advantages of our
State divisions- and of Federalism, are to be developed as ne ver hitherto.
Ferguson's.    In this connection, -we must present some views from a pious andd true
views..of, War
and Dissen-  liberty loving; Scotchman, which  also -confirm  the views hereinbefore
sion.
*Liarron.:  advanced, as to the desirableness of Federalism; and those of Jefferson,
FERGUSON,
iistory of   as to the impossibility of avoiding dissension and strife.  Says Ferguso,
Civil Society,.  S                                                             F
P. 82.     in discussing" the Principles of War and Dissension:
SOOCRATES.     X; "THERE are some circumstances in -the lot of mankind,"' says Socrates, "that sheaw
Some circum-' 
stances indi-  them to be destined to friendship and amity: Those are, their mutual need of each
-cate amity in other; their mutual compassion; their sense of mutual benefits; and the pleasures
arsngn,     other                              circumstances which prompt them to war and
enmity.''   arising inrcompany.' There arde2other circumstances'hich prompt them- to war and




Introductory Compend.                                           135
dissension; the admiration and the desire which they entertain for the same subjects;  ~ 8. Motives
their. opposite pretensions; and the provocations which they mutually offer in the Peace and a
course of their competitions."                                                     new Union.
W      HEN we- endeavour- to apply the maxims of natural justice to the solution of Difficult to apdifficult questions, we find that some cases may be supposed, and actually happen, ply maxims of
where oppositions take place, and are lawful, prior to any provocation, or act of injus- right of detice; that where the safety and preservation of numbers are mutually inconsistent, one  f     th (Lbstthve
party may employ his right of defence, before the other has begun an attack. And this.)
when we join with such examples, the instances of mistake, and misunderstanding, to The right of
preparation
which mankind are exposed, we may be satisfied that war does not always proceed for defence.
from anintention to injure; and that even the best qualities of men, their candour, as War not always the con
well as their resolution, may operate in the midst of their quarrels.              sequent of mae
THERE is still more to be observed on this subject. Mankind not only find in their levolence.
condition the sources of variance and- dissension; they appear to have in their minds Man's natural
inclination to
the seeds of animosity, and to embrace the occasions of mutual opposition, with strife.
alacrityand pleasure.  In the most pacific situation, there are few who have not their The best have
enemies, as well as their friends; and who are not pleased with opposing the proceed- enemies.
ings of one, as. much as with favouring the designs of another. Small and simple
tribes, who -in their domestic society have the firmest union, are in their state of Societies naturally conflictopposition as separate nations, frequently animated with the most implacable hatred. ing.
Among the citizens of Rome, in the early ages of that republic, the name of a foreigner, and that of an enemy,. were the same.  Among the Greeks, the name of
Barbarian, under which that people comprehended every nation that was of a race,
and spoke a language,:different from. their own, became a term of indiscriminate contempt and aversion.  Even where no particular claim to superiority is formed, the
repugnance to union, the frequent wars, or rather the perpetual hostilities which take
place among rude nations and separate clans, discover how much our species is disposed to opposition, as well as to concert.
LATE, discoveries have brought to our knowledge almost every situation in which Every situation of man
mankind are placed. We have -found them spread over large and extensive continents, known.
where communications are open, and where national confederacy might be easily
formed. We have found them  in narrower districts, circumscribed by mountains,
great rivers,. and arms of the sea. They have been found in small islands, where the
inhabitants might be easily assembled, and derive an advantage from their union.
They naturalBut in all those situations, alike, they were..broke into cantons, and affected a distinc- ly divide.
tion of name and community.  The titles offellow-citizen and countryman, unopposed
to those of alienz and foreigner, to which they refer, would fall into -disuse, and lose.
their meaning.  We love individuals on account of personal qualities; but we love
our country,. as it is a party in the divisions of mankind; and our zeal for its interest,
is a predilection in behalf of the side we maintain.
-  IN the promiscuous concourse of men, it is sufficient that we have an opportunity The true docof selecting our company. We turn away from those who do not engage us, and we triatiof expafix our resort where the society is more to our: mind.  We are fond of distinctions; trary to
we place ourselves in opposition, and quarrel under the denominations of faction and Rutherforth.)
party, without any material subject of controversy.  Aversion, like affection, is A truth for
fostered by a continued direction to its particular object.  Separation and estrange-orth and
South
ment, as well as opposition, widen a breach  which did not owe its beginnings to any
offence.  And it would seem, that till we have reduced'mankind to the state of a Dissension not:family, or-found some external consideration to maintain their connection in greater ended by division.
-numbers, they will be for ever separated into bands, and form a plurality of nations.
THE sense of a common danger, and the assaults of an enemy, have been frequently Would not a
useful to nations,:- by uniting their members more. firmly together, and by preventing ference iunte
the secessions and actual separations in which their civil discord might otherwise these States?
terminate. And this motive to union which is offered from abroad, may be necessary,.not only in. the case of large and extensive nations, where coalitions are weakened by
distance, and the distinction of provincial names; but even in the narrow society of
the smallest:States.'Rome itself was founded. by a:small party, which took its flight




136                 Our Fezderal  Unlion: State Rights and Wrongs.
~ 18. Motives from Alba; her citizens were often in danger of separating; and if the villages and
and ways to
Peace and a  cantons of the Volsci had been further removed from the scene of their dissensions,
new Union.  the Mons Sacer might have received a new colony before the mother-country was ripe
for such a discharge.  She continued long to feel the quarrels of her nobles and her
people; and kept open the gates of Janus, to remind those parties of the duties they
owed to their country.
States natural-   SOCIETIES, as well as individuals, being charged with the care of their own preserly jealous.    vation, and having separate interests, which give rise to jealousies and competitions,
we cannot be surprised to find hostilities arise from this source. But were there no
angry passions of a different sort, the animosities which attend an opposition of
interest, should bear a proportion to the supposed value of the subject.  " The Hottentot nations," says Kolben, "trespass on each other by thefts of cattle and of women;
but such injuries are seldom committed, except with a view to exasperate their neighHostility   bours, and bring them to a War."' Such depredations then, are not the foundation of
causes attack.
a war, but the effects of a hostile intention already conceived.  The nations of North
America, who have no herds to preserve, nor settlements to defend, are yet engaged
in almost perpetual wars, for which they can assign no reason, but the point of honour,
and a desire to continue the struggle their fathers maintained. They do -not regard
the spoils of an enemy; and the warrior who has seized any booty, easily parts with it
to the first person who comes in his way.
Separate soci-   BUT we need not cross the Atlantic to find proofs of animosity, and to observe, in
onfctiies natrall. the collision of separate societies, the influence of angry passions, that do not arise
from an opposition of interest.  Human nature has no part of its character of which
more flagrant examples are given on this side of the globe. What is it that stirs in the
breasts of ordinary men when the enemies of their country are named? Whence are
the prejudices that subsist between different provinces, cantons, and villages, of the
same empire and territory?  What is it that excites one half of the nations of Europe
against the other? The statesman may explain his conduct on motives of national
jealousy and caution, but the people have dislikes and antipathies, for which they
cannot account. Their mutual reproaches of perfidy and injustice, like the Hottentot
depredations, are but symptoms of an animosity, and the language of a hostile dispoCowardice   sition, already conceived.  The charge of cowardice and pusillanimity, qualities which
contemned.  the interested and cautious enemy should, of all others, like best to find in his rival, is
urged with aversion, and made the ground of dislike.  Hear the peasants on different
sides of the Alps, and the Pyrenees, the Rhine, or the British channel, give vent to
their prejudices andnational passions; it is among them that we find the materials of
war and dissension laid without the direction of government, and sparks ready to
kindle into a flame, which the statesman is frequently disposed to extinguish. The
fire will not always catch where his reasons of state would direct, nor stop where the
concurrence of interest has produced an alliance.  "My Father," said a Spanish
peasant, "would rise from his grave, if he could foresee a war with France."  What
interest had he, or the bones of his father, in the quarrels of princes?
Contest not     THESE observations seem  to arraign our species, and to give an unfavourable
Whvohllyunfa-   picture of mankind; and yet the particulars we have mentioned are conisistent with the
vorable to
man.        most amiable qualities of our nature, and often furnish a' scene for the exercise of our
Contest devel- greatest abilities.  They are sentiments of generosity and self-denial that animate the
ops noble   warrior in defence- of his country; and they are dispositions most favourable to manqualities.  kind, that become the principles of apparent hostility to men. Every animal is made
Strife natural to delight in the exercise of his natural talents and forces: The lion and the tyger
in animalssport with the paw; the horse delights to commit his mane to the wind, and forgets
his pasture to try his speed in the field; the bull even before his brow is armed, and
the lamb while yet an emblem'of innocence, have a disposition to strike with the
-and in man, forehead, and anticipate, in play, the conflicts they are doomed to sustain. Man too
is disposed to opposition, and to employ the forces of his nature against an equal antagonist; he loves to bring his reason, his' eloquence, his courage, even his bodily
His sports   strength to\ the proof.  His sports are frequently an image of war; sweat and blood'image w ar.   are freely expended in' play; and fractures or death are often made to terminate the




Introductory  C(onpend.                                       13T
pastime of idleness and festivity. He was not made to live for ever, and even his love ~ 18. Motives
and ways to
of amusement has opened a way to the grave.                                     Peace and a
WITHouT the rivalship of nations, and the practice of war, civil society itself could new Union.
scarcely have found an object, or a form. Mankind might have traded without any RPivalry and
formal convention, but they cannot be safe without a national concert. The necessity tar natural   to
of a public defence, has given rise to many departments of state, and the intellectual The resulting
talents of men have found their busiest scene in wielding their national forces. To benefits.
overawe, or intimidate, or, when we cannot persuade with reason, to resist with fortitude, are the occupations which give its most animating exercise, and its greatest
triumphs, to a vigorous mind; and he who has never struggled with his fellow-creatures, is, a stranger to half the sentiments of mankind.
THE quarrels of individuals, indeed, are frequently the operations of unhappy and Individual
detestable passions, malice, hatred, and rage. If such passions alone possess the qarrels mean:
breast, the scene of dissension becomes an object of horror; but a common opposition -not so in
States.
maintained.by numbers, is always allayed by passions of another sort. Sentiments of
affection and friendship mix with animosity; the active and strenuous become the Nobility deguardians of their society; and violence itself is, in their case, an exertion of gener- velopedinwar.
osity, as well as of courage.  We applaud, as proceeding from a national or party A State apspirit, what we could not -endure as- the effect of a private dislike; and, amidst the plaulded where
an individual
ponmpetitions of rival states, think we have found, for the patriot and the warrior, in is condemned.
the practice of violence and stratagem, the most illustrious career of human virtue.
Even personal opposition here does not divide our judgment on the merits of men.
The rival names of Agesilaus and Epaminondas, of Scipio and Hannibal, are repeated
with equal praise; and. war itself, which in one view appears so fatal, in another is the
exercise of a liberal spirit; and in the very effects which we regret, is but one distemper more, by which the Author of nature has appointed our exit from human life.
THESE reflections may open our view into the state of mankind; but they tend to The conduct
reconcile us to the conduct of Providence, rather than to' make us change our own:   Provi h ce
where, from a regard to the welfare of our fellow-creatures, we endeavour to pacify affairs.
their animosities, and unite them by the ties of affection.  In the pursuit of this
amiable intention, we may hope, in some instances, to disarm the angry passions of Our hopes at
jealousy and envy; we may hope to instil into the breasts of private men sentiments times too ami
able for human
of candour towards their fellow-creatures, and a disposition to humanity and justice. nature.
But it is vain to expect that we can give to the multitude of a people a sense of union
among themselves, without admitting hostility to those who oppose them.  Could we Hostility natat once, in the case of any nation, extinguish the emulation which is excited from ural.
abroad, we should probably break or weaken the bands of society at home, and close Emulation dethe busiest scenes of national occupations and virtues.                        sirable.
By other means than war, could the South probably have broken the Man propose%
GoD disposes.
spell of our enchantment, and saved us from the perils of consolidation.
But while "man proposes, GOD disposes."  And Paul says, " Work out
your own  salvation with fear and trembling.  FopR it is GOD which P2il. i, 12, 1
worketh. in you both to will and to do of His good pleasure."  The same
principles, the same causes, which operate in spiritual Government, concerning the affairs of eternity, direct and control in human Government,
concerning the affairs of time; and the South will be found, under GoD's The hand of
Providence in
providential energies, even by terrible war, to have worked out for us a this war.
salvation from a far more terrible, intolerable evil, than civil war itself;
that of consolidation.  A  century hence, when the hidden motives and The South to
have credit
workings shall be developed, and the impartial historian shall trace out even for this
the causes; and necessities of this conflict, the ignorance and confusion of
the elementary principles of Government, the statesmen of the South,
notwithstanding their wrongs and mistakes, will have justice done to their




138              Our El7ederal Union:  State Sigkts and  Wrongs.
~ 18. Motives memory, as having been in fact, though inadvertently, the saviors of their
Peace an( a. country.
new Union...
War an instru-    The Almighty Sovereign of the universe employs war, as He does
lent in the  other'instruments, for the accomplishment of His purposes.  With our
hand of
Deity —    imperfect language and conceptions, we style some of these instruments
good, others evil; but in the hand of Infinite Love and Wisdom, we
-to work
good for HIis know that they will all be made to work for the best good of our Soverchildren.                                                       g..
eign's:faithful subjects, for the highest glory of our King JEHOVAIr.  Even
Deepest]   the pangs of the mother's tender heart, which cannot be comforted for the
grielfh-   bloody death of her darling boy; the wife's deepest griefs for the most
irremediable of earthly sorrows, the loss of a brave, honorable, adored
husband, pangs and griefs to be counted by the hundred thousand as con-to be"    sequent on this conflict; even all these are to be exchanged for the voice
change'd for
joy-nged   of joy and. gladness, for the shout of thanksgiving and praise, as we see,
in the result,. the legitimate fruits of Southern resolution and honor,
— in the saving coupled with their:intolerant and intolerably domineering spirit, working
of our                                      inlapIistitutions.   out, under GoD's providence, the problem of free Government, given by
Him  to man thousands of years ago, and which, in our ignorance and
folly, we were driving to: destruction.
The benefits   Nor are the benefits of a thorough knowledge of our Governmental
of the war not
confined to us. structure, the certain and invaluable consequence of this war, to be confined to us.  Not only, shall we ourselves understand better how and why
it is we..have so prospered, and guard effectually against future erring;.but foreigners also will. see the superiority of our system of.Government
to any the world ever enjoyed, and a new and abiding confidence will be
inspired in our Federal Republic, in our Peoples, and in our free institutions.  The liberty-loving will flock hither in increasing multitudes, parPr new Union. ticularly from the more elevated classes of society, and capital will seek
investment in untold sums.  With a new Union, this young Republic will
advance as never before; and though not like Rome the mistress, yet
will it be the leader of the.world.  And, as already intimated, an acquaintance with Federalism will protect all Peoples from despotism and
tyranny.  Its thorough knowledge and practice must precede the millennial day of peace and universal love.
Mottives to pa-    Truly, the objects presented to the American patriot in this struggle,
strong.    are sufficient to draw forth deeds of noblest heroism on the battle field;
of highest wisdom' in the council chamber. Ability and determination to
maintain -our Union and Government against any section that dares the
attempt to break them up by war, are first to be demonstrated, and another
half million of men will not more than suffice to do this; and the sooner
P-sh on the they are in training, the sooner will peace return. Push on the war with
might and main.Stufdy prGcv-'While our' soldiers fight, let our wise men in the North study more
pies o1 Government.   thoroughly into  Governmental principles and apprehend  them.  The
Let not the  South are in this noble work without a doubt; let them  not be always
South lead us
always.    wiser than we, as has thus' far been too much the case, but let us under



Introductory  Coompend.                                    139
stand this grandest of all sciences, equally as well as they; and when, in a ~ 1.8vMotives
and ways to,year, or two years, or three, or fifty, they are willing to try other means Perace nd a
thanforce to dispossess us of our rights; let us be able to meet them in LWhen.they re
council,: and. discuss our rights according to "'the Law of Nature and of prepared to
reason let us'Nnature's, Gop:"  When prepared to do us justice, which it is not in the be readyheart of the magnanimous South to refuse, on learning that we will do justly
by them, should. they find, as -we confidently expect, that our State rights,
which they so correctly appreciate,: are only to be preserved by Union;
let- us then so: well. understand the nature of. Federalism, as that we can -to have a
new Constitu:-meet them in Convention, well qualified[ to unite our efforts with theirs, to tion, a new.frame.a new  Constitution, to form  a:new Union, that with the blessing Union.
of our fathers': GoD shall be enduring.
~ 19. —IIHo     BRITAIN AND AMERICA CAN BE MADE FRIENDS.
l'he. examination into. principles,.which must:-be-'.made before this war
can be conclided,. will. bring another desirable result, a correct understand*ing.i;-between:'Br~itain:and America:. the. mother.and the daughters, resulting in a cordial, lasting friendship.:To understand Colonial rights, which we must investigate in order to Colonialrights
to be investilearn -the obligations and duties: of -the individual colonists, and of the gated,.separate Colonies,- it is necessary to study into their origin, and the authority by,which; the Colonies were planted.  We cannot understand' State
rights, and: how we  came to organize into many:States instead of one, -to underwithout a -knowledge of these subjects.  To learn our rights as English- stand State
rights.
men and -Britons,' to properly estimate our grants by charter, and our
privileges established by custom, we must look into the British Constitu- The British
tion. -This is a subject that has been investigated by their ablest states- onstitution.
men, some of:whom, as: Lods Russell and;Brougham and Mr. d'Israeli; Authorities
are still living; and Halla:lln  De Lolme, and others have written works concerningit.
which. have'- become standard authorities.  The — extracts to be given,
choice gems'from-among the'best.of English writings, will impart a zest
for.this instructive reading.. Lord: Broughami in particular, has written a
Lord Broughwork - properly.entitled "2Political: Philosophy,."  Al1 his life, long and lm'I Polztica
useful'and...honorable, has he. been qualifying himself for this important
trust; and in the conclusion he remarks, that it has been "my labor for
five years.".: IHe. is an earnest, faithful Whig,  too, ever watchful. of the A good whig,
and friend of
rights and; interests of the People, and- we -Americans shall love. and popularrights.
honor these our cousins and brethren, the more we understand their views.
The writer will'not make himself ridiculous by attempting to instruct such
giant.intellects, pure and faithful patriots, in the principles of their own A subject yet
Government;',:and yet there is a line of investigation that seems to have to be investigated.
been' too:much; overlooked...Burke and the noble band who labored. so zealously against the wrongs The Whigs dlid
not underon:'America, appear not. to have well elucidated the why and wherefore stand Colonial
of'those wrongsh.       e        subsequent Neitherhesubseuent  writers,.that w haeisow   wrongs.
of those wrongs.  Neither have subsequent writers, that we: have discov-'




140                 Our Foederal -     Union:  State  Rights and  W oonzgs.
~ 1n. Bi.taitni  ered.  It would seem  that our Whig friends, adopting'the theory of
andAxnerica.
to be friendly. Locke and Blackstone,  that Sovereignty was in Parliament instead of the
Locke anld    Crown, involved themselves in a maze of contradictions.  If Parliament.
Blackstone's                 -
ideas confused was really  supreme over the  British  empire, never having  itself enthem.
Were Parlia- gaged not to tax these Colonies, she undoubtedly had the right to adopt
shentspc'nme,  any measure the general good of her dominions and subjects required.
she could   tax 
rthe olonies.  But in  that event, Britain, instead  of being a Monarchy, must be an
Britain then is
an Aristocra- Aristocracy, for it is not under the rule of one, but of the few.
cy. not a Monatrchy.          As the documents and the facts connected with this interesting quesThe docu-   tion'are mostly presented in the First Part, space need not here be taken
nients in this
First Part will to discuss them.  Their perusal, in juxtaposition, will give a new  aspect
elucidate this 
subject.    to  our Revolution;  and when analyzed  and  discussed by a competent
mill prove us writer, they will prove our fathers, instead of having been " rebels," to
no "rebels,"                                                                     asserting
but true    have been the truest Tories in the British dominions.  In asserting our
Tories.
Colonial rights, partly inherited' as Britons, partly grants from  our previous Sovereigns to faithful subjects, we properly sustained the royal; prerogative against the illegal, unjust usurpations of Parliament. According
King agreed  to old compact with our Sovereigns, they had no power to:lay taxes withi
not to tax
without con- out the People's consent by their Representatives, the  support of the
sentativis.P   Crown being wisely left to the generosity of the subjects.'  Our fathers
lHad ll:rights came  here under the assurance that. all our rights as Englishmen and
of Englishmen.         Britons should be'preserved'; and' further, in many charters it will be
seen, that. the King expressly agreed we should not be taxed.,We had
mad own Par- our own Parliaments, our laws being subject to the approval of our Monliaments.
arch, as were those of the Scotch Parliament when under one and the
same Crown with England, and prior to the incorporation of those'States
into one by the name of. Great Britain; and as was the case in Ireland,
~prior to its incorporation with Great Britain, now forming' a'new State
under the name of The United Kingdom  of Great Britain: and Ireland,
British Parlia- The English Parliament had an equal right to lay a tax: on Scotland prior
ment had no
right totaxus. to  union, that the British Parliament had to tax these Colonies.  We
We were ner- were never subjects of Parliament, but of our Monarchs from  Elizabeth I
er. subjects of
Parlia ment.  down to George III; and' one of the most deplorable, disgraceful events
in our Colonial history, was the contemptible truculence of the New England Colonies to  the  usurper Cromwell, and his usurping: Parliament.
(The documents will be given.)
ttrersror of tlhqeit' >We shall find from  the papers of John Dickinson and others, discussfathers admittingin partthe ing  Colonial rights, that Britons here, with our countrymen at home,
Parliamment.  had become imbued with the heresy of Sovereignty in Parliament, instead:Dx LOLaIxE         1 De Lolme thoroughly comprehended this subject, which he discusses at length in chapter xx,,0onstitution,  added to the edition of 1781; and be perceived, that with the British theories of the supremacy
of England, p. of Parliament, the Colonies must not be allowed to make their benefactions to the Crowvn. At
509.        the same time he remarks in a foot note: "When I observe that no man who wished for the presThle colonies ervation of the form and spirit of the English Constitution, ought to have desired that the claim
not considered of the American Colonies might be granted them, neither do I mean to say that the American
wrong.      Colonies should have given up their claim. The wisdom of ministers, in regard to American
affairs, ought to have'been constantly employed in making the Colonies useful to this country, and
at the same tinie in hiding their subjection from them," &o., &c.




Introductory Co7mpend.                                                  141
cf the Crown,1 and fancying a; distinction  between   internal and  external ~ 19. Britain
taxes, we  admitted-the  right to  lay the latter, bit denied  the  former. t be fiiendy.
Dean Tucker's paper, which ably and fairly presents the British side, will Dean Tuct er's
be read  with  interest, and- it will be a grievous disappointment, if we the British.
Americans are not able from  the documents, to justify our fathers, by the The  documents will jusBritish: Constitution  -itself, in our resistance to illegal taxation and inter- tify our
fathers.
ference with  our'rights; and  our Whig cousins of Britain, will discover
new  and  impor;tant means for preserving  the admirable checks and balances their party has labored for centuries  to  establish, and with  such
remarkable success. YWe shall be pleased with the excellent good sense in Whig practhe practice of Britons here in the Colonies,'and of their Whig friends at though th/eories were
home, notwithstanding  theories had  become  confused.   Many of us, on confused.
both sides the water, may-lament that confusion  of ideas with  regard to
Sovereignty,' plain  and  simple as we  shall find the subject to be, should separation
from  Britain
have led'to the dismeberment of the British  empire; an event which, may be deplored.
with all our past prosperity, cannot'yet be affirmed to have been desirable
for America:..    We  are still in  an  experiment, as current events prove; We are still in
and  though  the  past affords  much  evidence that, with Uiiion, our free ment.
institutions'can be maintained, to our own enduring benefit, to the advantage of the entire world, yet whether that Union is to  be perpetuated, is Union uncer- r                          tain; the effect
now;the great problem' of the age; whether, if disunited, and two or sev- of disunion
still more so.
eral rival Republics' take the place of one, they can  be sustained, is still
more a doubtful matter..'Not surprising  is  it, that in  our present calamities, with  the  dark Many regret
we have not'uncertainty'of the  future, well iknowing  the  enduring  foundations, the British Government..solidf superstructure of the British Constitution, that thousands of our'fellow  countrymen  should  turn a wistful eye to the mother-land, -a;nd wish'the-se chickens-safe under her protecting wing.   The  animosities of the
Revolution-:and of the last war have been'mostly obliterated; and steadily                             fow
anl' strongl y-has a natural and desirable attachment been growing, rapidly Britain.
accelerated  the last twenty or thirty years by tracing  back  our geneal-. aid ourdear and excellent friend Burke in his speech, March 22d, 1775,. on "' Conciliation BURTiE'S
with'America," "Permit me to add another circumstance in our Colonies, which contributes no Speech, March
~mean part toward the growth' and effect of this untractable spirit. I mean their education. In 22, 1775.
no, country perhaps in the world is the law so general a study. The profession:itself is numerous Intelligence of
and' po'werfuil; andin' most provinces it takes the lead. The greater number sent to the Congress the Colonies in,were.lawyers,,  But.:all who read, and most do read, endeavor to obtain some' smattering of that aw.
science. I have been told, by an eminent bookseller, that in no branch of this business, after
racts of popular devotion, were so many books as those on the law exported to the plantations. Sales of BlackThe' Colonists have now fallen into the way of printing them for their own use. - I hear that they stone's.Comhave sold nearly as man.y ofBlackstone's Commentaries in, America as in England," &c.... We all underistand,'though:iunskilled in the law, the immense influence wielded byBlackstone Blackstone's
in its every department, notwithstanding Bentham has exposed his fallacies connected with the influence, nottritish Government, and Judge Tucker, of Virginia, with reference to America. This civil war is withstanding
tD'iirinF~ - Br~lo-S                                                 RBenthbam's and
to bring Anglo-Saxsons at home and iii America,.to understanid Interiational Law as never before, Tucker's critiand if there be. those misconceptions in!Blackstone and Locke, which the writer conceives, they cisms.
are surely'to be exploded.
A'is confirmnatory of the'influence.of the pernicious teachings which have led us so: far astray, Locke another
and into this civil war, Professor Fowler and Doctor Agnew inform me that Locke was formerly eminent au-ope of the standard authorities in governmental science, taught in our highest collegiate institu- thority..
tidns.' The teachings of Locke'and of Blackstone are one and the sam  the supremacy of Par- They teach the
liamniet, and arie utterly subversive of Hooker, GiOtius and Vattel,or else the British Government snpremacy of
lispan Arisocracy!.;''          Parliament.




142               Our Federal 7Union: State Right.ts  and  Wrongs.
~ 19, Britain ogies and finding our kinsfolk at home.  Our British cousins little know
antd Amrerica. 
to be friendly. how easily they could bind to them  the warm  hearts of America, with
MighteasilyLe affection's strongest cords.
Inade stro  ng.
-eunion with.But however much we may love and revere the institutions of our
Reunion with'
Britain impos- mother-land, we can never again be united with her as one nation.  The
hand of Providence is perceptible in our severance, and reunion is an imCannot have possibility.  Neither can we reasonably hope to have the form of Governthat form of
Government. ment of Britain. No one can examine its construction and its history, withThe Aristoc-  out perceiving that the Aristocracy is the safeguard, the chief bulwark
racy its safeguard,     of the Kingdom.  No doubt an Aristocracy has its evils, as has every
other branch of human Government, some of which may, and doubtless
will be; alleviated; but no check  on- Monarchial rule has been ever
devised equal to that of the British Nobility.  This we can never have,
— which we  till under a despotism our usurper shall find it necessary to sustain himcainnot have   -
till after a des- self against the People, by creating a privileged class, who, to maintain
potism.
the dignities and advantages bestowed upon them, must support the
The check of Crown.  These will in time come to be a check on -the Crown itself, and
the AriStocra —
cy on Crown seek their own aggrandizement against both King and People  and then,
and People.
as in the history of England, will the Crown call to its defence against
the aggressions of the Nobility, the People by their Representatives.:Federalism or    With us the only alternative is a Democratic Federal Republic, or
Despotism our.
only alterna- Despotism.  After long and weary years of anarchy and tyranny, we
tie.  ight reach the form  which it took  England centuries  to  establish.
Does Britain desire this to be our portion?  Do not our friends andlkinsBritons wish' folk in the mother-land, as reunion withthem is impracticable, wish our
us well.
success in sustaining free institutions?  They do; they of the Whig
school especially.
Anglo-Saxons'The GOD of nations has led the People of' Britain to frame the best
in Britain have
the best Mo- system  of Monarchial Government ever known to man.  He, has led us,
ernment —   their offspring, to establish the best system of Free Government, and after
the pattern given by Him  to the Hebrews of old, with improvements
-in Amnerica adapted to the advance of our race, the same original Caucasian that was
the best free
Governrent. made in the image of GoD.  Both Constitutional Governments, each the
most eminent of its kind for preserving the liberties and rights of the
Their Citize-ns governed, and at the same time most effective to maintain Sovereignty,
should have
friendly sym- law aIid order, we, the Citizens'under these Governments, should have a
pdeep, strong and abiding: reciprocal sympathy and attachiment.  United as
A common an-. 
cestry,   -  e so largely are in a common ancestry; cherishing: the same' noble aim~
G-sveainsmein in Constitutional Government, thoughunder iantipodall forms; having the
Government, -:,:': i.-:.
-samle elig- same religious principles; speaking the same language';- surely, so far as
guage..:  rival nations can have friendship, should it be found between our mother
friwcensdhoulds', e and these her daughters.  It has been well observed by Godwin:
we are not...Man, and generations of men, are not links broken off from the great chain of
seereand erom  being: they: are not like some of the-inferior sorts of animals, having no opportunity
GoDwIN's   of intercourse with those that went before them, and indebted for their systems of
ffistory,fthe action only to-their internal constitution, and the laws of the, universe,- and not to imis
wealth., iii, 16.:.. tation. Generations of men are linked and dovetailed into each other.; Our: modes




Inttroductrc  y  Cornpend.                                    143
of thinking, our predilections and aversions, our systems of judging, our naolts of life, ~ 19. Britain
*  9                           CD ~~~~~~~~~~~~~and America
our courage or our cowardice, our elevation or our meanness, are in a great degree to be friendly.
regulated by those of our.immediate ancestors. One race of men does not pass oft tile
stage without leaving their stamp and their ply upon those who come after them; and The Angloin this5 way, though generations are -evanescent and fugitive, nations are, in a certain Saxon "stamp"
and ply."
limited sense of the word, immortal."
-We are of: the "race of men " that counts among its worthies a Shak- Our English
ancestors.
spere,.Hooker, Bacon, Selden, Milton, Hale, Sidney, Somers,. Goldsmith,
Addison, Pope, Newton, Burke, Pitt and a host of others, a resplendent
galaxy whose clear and steady light is to  shine forever,'and illumine
every dark corner of the earth.  The "-stamp'" of these mighty men is Their "stamp"
on us.  We are- true coin, no base counterfeit.  Anglo-Saxon shall we
be to the end of time.  Let our mother have pride and confidence in her Britain should
have pride in
children.  She is rejuvenated in these her daughters, and an empire of her children.
freemen is here to arise, which for all coming ages shall be the highest
-glory of England to have founded.
The mutual respect land esteem, the cordial regard, that would seem Desirable regard does not
reasonable and desirable, have; not existed; and in the progress of the dis- exist between
Britain and the:cussion, some of the preventing causes will be intimated.  In the chapter, United States.
Dangers Paast, we shall see their efforts to divide us, and which now Theireffortsto
divide these
threaten accomplishment.  But we shall before have found much cause States.
for the jealousy of England's Nobility, which has probably been the active The jealousy
of English Nopower at work against us, in the perversion and. misrepresentation of:our bility.
fundamental political principles. Indoctrinated by Locke, Rousseau and Caused by our
others with the idea that only consent can establish rightful authority, sion Ef Gov.
ernmental
and that men may at will change their. institutions and form  of Govern- principles.
ment; all proper conceptions of Sovereignty, the Right of Commmard, perverted and confused; driven on by the infidel philosophy of France, with Our views as
to liberty and
its false notions of liberty; believing, notwithstanding  State organiza- equaiity.
tion, that all men are.really free and equal, because their natural rights
are supposed to be inalienable; very many of our leading statesmen and Taught by our
writers have uttered sentiments subversive of the very foundations of
every  Government.
Ian  1848, Illinois had a Representative in Congress, Hon.. Abraham  Uight ofReYvolution as
Lincoln by name.  He had occasion to make a speech on the reference taughtby Hon.
of the President's message, in which he said:
Any people anywhere, being inclined and having the power, have the right to rise )Speech. June
12, 1848, App
up and shake off the existing government, and form a new one that suits them better. 1    Pon2. lpb.
This is a most valuable, a most sacred right-a right which, we hope and believe, is to p. 94.
liberate the world. Nor is this right confined to cases in which the whole people of an
existing government may choose to exercise it. Any portion of such people that can Any part of a
mnay revolutionize, and make their own of so much of the territory as they inhabit.,eeople   may
More titan this, a majority of any portion of such people may revolutionize, putting Governnment.
down a minority, intermingled with, or near about them, who may oppose their movements. Such minority was precisely the case of the-Tories of our. own Revolution. It
is a quality of revolutions, not to. go by old lines, or old laws.; but. to break up both, Old laws to be
and make new ones.                                                             disregarded.
X  We cannot stop here to discuss these sentiments, or to compare them




144                 Our Flederal Union: State Righ/ts and  lT'rongs.
~19. Britain  with the author's more matured teachings in  his Inaugural Address.
and America
to be friendly. Between the two, is a slight difference that would be important, were
Diffcrcnce be- "old laws " worthy of regard; but if not, not.
tween this and
the President's    The opinion of Mr. Lincoln, M. C., was of little consequence to the
Inaugural Address.      world; but the opinion of Mr. Lincoln, President of the United States, is
The or' te  quite anotlier affair; if, as the world might reasonably suppose, he speaks
opinion.   the sentiments and convictions of all these Peoples.  If such be our sentiments, very well; if not, it behoves these Peoples to speak for themselves in some unmistakable manner.
He had abuind-t     But Mr. Lincoln, though he did not quote authorities, could have
ant authorities
for his opin- given plenty of them taken from the speeches and writings of Americans,
ions.
and of the French school of liberty.  Even as good and honored a statesman as ex-President John Quincy Adams said:
J. Q. ADAnrs'   There was thus no congeniality of principle between the Declaration of Independleed oretse(b- ence and the Articles of Confederation. The foundation of the former were a superstitz.tion, 1S89, intending Providence-the rights of man, and the constituent revolutionary power of
p. 17-      the people. That of the latter was the sovereignty of organized power, and the
Our Declara.- independence of the separate or dis-united States. The fabric of the Declaration and
tion had a different founda- that of the Confederation, were each consistent with its own foundation, but they could
tion from our not form one consistent symmetrical edifice. They were the productions of different
Confederation, minds and of adverse passions-one, ascending for the foundation of human governOlle ight, th ment to the laws of nature and of God, written upon the heart of man-the other,
other power. resting upon the basis of humah institutions, and prescriptive law and colonial charters.
The corner stone of the one was riglt —that of the other was power.
If there be no    That is, "There was no congeniality of principle between.... a
congeniality
between right superintending  Providence, the rights of man, and the constituent revoprinciples and
these States  lutionary  power of the people;" and "the Sovereignty  of organized
with their Sovereignties-   power, and the independence of the separate or dis-united States."  If that
be really so, we are in a deplorable condition; and if such be Interna-!o-ve had best tional Law, it is quite time that we cease'" to go by old lines, or old
cease to go by
old laws."  laws, but break up both and make new ones."  For it will be found upon
examination, that if such incompatibility existed under the first Constitu:
The same dif- tion, usually called the Articles of Confederation, it continues under the
ficulty in the
present, as in present Constitution, no  change having been made in the form  of Govthe. first Con-p
stitution.    ernment, but only in'its Administration, and in the subtraction of further
important powers from the State Agency,. and adding them to the Federal
Agency.  It will appear that, from the days these several States became
No change has Sovereign, free and independent, six prior to the 4th July, six on that
been niade in
the State Sov- memorable day, and New York on the 9th July, 1776, th'ere has not
ereignty.
been a shadow  of change in "the Sovereignty of organized power, and
the independence of the separate or dis-united States," nor has the character of the Union been changed in the least, except to make it "more
perfect."
A People has    Until its Sovereignty shall have rightfully reverted  to a People,
no right of
revolution    either by failure of legal inheritors, or by abdication, or by forfeiture
except upon
necessity.   through tyranny and oppression, no People that duly regards "a superintending Providence, the rights of man, and the constituent revolutionary




Introductory  Cornpend.                                      145
power of the People," can interfere to change the Right of Command. ~ 19. Britain
There is no "basis of human institutions " except " the Laws of Nature to be friendly.
and of GOD," which are not as extensively "written upon the heart of The "Laws of
Nature" the
man" as would be desirable.  Had they been " written upon the heart" basis of all human instituof George III a.nd his ministry, he would never have violated our "pre- tions.
scriptive law and Colonial charters," which justified us in withdrawing
our allegiance and in making the Declaration of Independence.
W' hen our wise men succeed in finding our lost Sovereignty, a conse- Wise men will
find congenialquence will surely be to show perfect " congeniality of principle between ity between
the Declaration of Independence and the Articles of Confederation," tiour Declaration and Conwhich, it is to be hoped, has not been impaired by substituting for the federation,
latter, the present Constitution.  And -it seems rather desirable than by`Constited
otherwise, to discover that the fathers were not compelled to make a very tion.
lofty ascent to reach "the foundation of human Government."  Web- Ascent for a
"foundation"
ster thought it great absurdity in that imagined instructor of Jackson, to undesirable,
poise the pyramid of our institutions on the apex instead of the base; and
it is scarcely credible that our wise fathers committed a greater archi —andanarchitectural bluntectural blunder, in "ascending  for the foundation of human Govern- der.
ment."  They were guiltyof no such impropriety as to seek the Infinite The fathers
not guilty of
Founder " for" any other "foundation," than that already sent down to seeking for a
new "foundsthem, in the Book of Revelation and of Laws Divine, which for many tion."
centuries had  been  finished.  Encouraged  to  cause their prayers to
" ascend," that the Spirit's influences might descend to teach them those
Laws, yet were they to " continue in the faith GROUNDED and SETTLED." Col. i, 283..
They had no right to leave the solid terra firma of the "Law of Nature
and of Nature's GOD," for the clouds of fancy and of vain desire; and.
Adams should have learned from-his father and his cousin Samuel, that
they never made the attempt.  Our Government, Federal or State, rests
upon no such " baseless fabric of a vision."  They well knew  that all Thet griund'.c
ed their insti.
rightful. "human  institutions, and prescriptive law, and Colonial char- tutibtss on
"that foundaters;" yes, and the whole code of International Law, rested upon one and tion'' of Hook-.
er and Grotius..
the same "foundation," and that none other was to be sought.  Consequently, the fathers dug deep, and found "that foundation " of Hooker
and Grotius, and had for their memorable Declaration, their first Constitution, and.the present Constitution, and for all their institutions, but one'corner-stone,"  "right" OF "power," the Right of Command, STITE — State,Soverh
eignty, which
SOVEREIGNTY.  They really made one stone out of the two of Adams; is to "hecoe th
and this "stone," although like another long " rejected," is yet, like that corner."
other glorious one, to "become the head of the corner."                       and Pet. ii, 7.
Though this Address contains much of similar bewildering teachings, Our hatred of:
anarchy and
the venerated author well shows our hatred of anarchy and revolution:: revolution.
The principles proclaimed in the Declaration-of Independence, as at the foundation ADAMS,.lb., p1i
of all lawful government, had been sapping1 the foundations of all the governments 85.
"-  ---  -.:. —  -: —: —6 -                          Our Declara- 
1 It was not the "principles" of the Declaration, but what was'substituted" for them, that tion did -not
did the "'sapping," as appears' in the latter part of this paragraph. We are' not to be held respon, institutionse
sible for the "substitute,". only for the "principles," and, as remarked by Adam itaotheipTeceding!but its "sutbi
quotation, they will be found to rest upon " the Laws of Nature and of GOD."  stitute   b did.
10




146                Our Fderal Union: State Rights and Wrongs.
~ 19. Britain founded on the unlimited sovereignty of force-the absolute mo narchy of France was
and America
to be friendly. crumbling into ruin; a wild and ferocious anarchy, under the banners of unbridled
Our adverse Democracy, was taking its place, and between the furies of this frantic multitude, and
influences.  the agonies of immemorial despotism, a war of desolation and destruction was sweeping
over the whole continent of Europe. In this war all the sympathies of the American
people were on the side of France and of freedom, but the freedom of France was not
Our sympatchy of the genuine breed. A phantom of more than gigantic form had assumed the mask
and the garb of freedom, and substituted for the principles of, the Declaration of IndeFrench phan- pendence, anarchy within and conquest without. The revolution of the whole world
toms and    was her war-cry, and the overthrow of all established governments her avowed
wrongs.
purpose.
Under the impulses of this fiend, France had plunged into war with all Europe,
The French  and murdered her king,' his queen, his sister, and numberless of his subjects and
revolution and partisans, with or without the forms of law, by the butchery of mock tribunals, or the
daggers of a bloodthirsty rabble. In this death-struggle between inveterate abuse and
hurly-burly innovation, it is perhaps impossible even now to say which party had been
the first aggressor; but. France had been first invaded by the combined forces of
Austria and Prussia, and under banners of Liberty, Equality, Fraternity, had become
American par- an armed nation to expel them from her borders. The partialities of the American
tiality towards people still sympathized with France. They saw that her cause was the cause of
France.
national independence. They believed her professions of liberty, equality, and fraternity; and when the same Convention which had declared France a republic, and
deposed and put to death her king, declared war against the kings of Great Britain
and Spain, shocked as they were at the merciless extermination of their ancient great
and good ally, they still favoured at heart the cause of France, especially when in
conflict under the three-coloured banners of liberty, equality, fraternity, with their
ancient common enemy of the Revolutionary war, the British king, and with their
more recent, but scarcely less obnoxious foe, the king of Spain.
mWeuch taught  To our disgrace, our political speeches and writings contain too much
revolution,   Of these revolutionizing, anarchical teachings; but they are not to be
found in our Declaration of Independence, nor our Constitution~, as we
-but not in  shall endeavor to show, nor in any authoritative exposition of governour authoritative docu-  mental principles.  We do believe and so declare, that a Government
ments.
failing to accomplish the purposes of its institution, usurping authority,
Abd Govern- violating compacts, resulting in tyranny, whether of one, the few, or the
ment a People
may destroy. many, may be altered or destroyed at the will of the People.  Till then,
Roe. xiii, 1. no man nor set of men have any right of resistance.  " The powers that be
Government are ordained of GOD," and till perverted from the objects of ordination
ordained of
God.        by man's imperfections, equally attaching to rulers as to ruled, the subjects must submit to the authority placed over them, occasionally with
Usually with- their conseift but most usually without it.  Do women, or infants in law,
ont consent of 
subjects.  minors, give their consent?   Can they give consent?  Yet here are
three fourths of every State made subjects; and no man, native or alien,
can give his consent and become a Citizen, till he is first made subject by
coming within the boundaries of that State, and being brought under its
Sovereignty,
tWe have not    Neither have we taught the equality of man, except in a state of
-'taught the
equality of   nature.  Man may have lived in that state up to the time of Noah,
which bred pollution and corruption that only the waters of the flood
Man not now'
adapted to   could wash away.  We in America do not care to repeat that experi.
equality.   ment, and expect never more to see a state of natural equality among our




IntrocdW; tOy Compend.                                  147
race, till succeeding generations, well into the millennial period, shall have ~ 19. Aritan
had predominant selfishness uprooted from their hearts. Till that state of to be friendly.
nature again returns, when, by the controlling power of love, civil institutions will be no longer required, we are for maintaining Government
of the most effective kind, and expressly to preserve the inequality that Onr object to
exists most.perfectly in the best form of civil State.  Equality would be equality.
the aim in the natural state, could one be found, inequality is the aim in
the civil State; and though Britain has given the best example of a
means to preserve that inequality, we hope these daughters will in time Hope in thisto
be found. to have brought another form for its maintenance, to quite as equal Britain.
great perfection.  All the equality we desire in this land of liberty, is an What kind of
equal right and ability in the poor man to defend his rights, that an eqiality we
Astor or a Rothschild enjoys. We hope, with a little more practice, to
become the equal of our mother in this noble achievement, perfection in
which mfakes a perfect Government.
Nor have we taught that the system of hereditary rights and superior- We have not
opposed heity, was wrong per se. In our Bills of Rights, we refer solely to our- reditrthy Sghts
selves. It is not compatible with the genius of Republican Democracy,
at least we have so regarded it, to perpetuate the rights of a few by primogeniture and entail.  For other nations it may be best and necessary, some nations
and especially in Britain, appears indispensable to the permanence of the require the
Nobility, which is a needful check in a Monarchy, both upon Crown and
People. Should it be deemed necessary to put a limit to the accumulation of estates by entail, some of which are becoming enormous, they
have wise men to decide, and make the requisite changes in the laws.
The Nobility, composed mostly of gentlemen of leisure and fine mental The superioriculture, with wealth usually sufficient, often superfluous, having well iYoblty.ih
stored libraries and ample means of information, and political science
receiving special attention, they knowquite well what is for the best
good of their State; and conceding the usual quantum  of selfishness to Theirinterests
identified with
weigh in their balance of judgment, their interests as a class are too crown and
closely indentified with the general public good, to allow the adoption of People.
measures greatly injurious to the Crown and People. If occasionally they
err, wilfully or ignorantly, the counter-balances of Monarch and Commons
are ample checks. The study of English and British history will convince any unprejudiced reader, that their hereditary Aristocracy has been
and is indispensable, and richly worth its cost.
Yet it is not deniable, that in America a strong prejudice exists American
against that branch of English Aristocracy, known as the Nobility, for Pgais riti
which, as we believe, a reasonable cause exists. And it is not because Nobility.
-they are true Aristocrats. Many American Democrats are thorough whatisnotits
Aristocrats in their feelings, and are becoming more and more so.  Comn- cause.
pon sense teaches, that to attain a high order of civil society, such as we We arenot en
emies of ArisAnglo-Saxons hope to have, we must cultivate an Aristocracy.  Family tocracy.
and blood, and culture of manners, mind and heart, all indispensable to
a genuine Aristocracy, are coming to be regarded according to their true




1i48              Our Ecederal'Union: State Rigyhts and  Wrongs.
~19a. Britain worth; and we should go to destruction if they were not.  Without
and Amneribca
tabe friendly. entail, or the rights of primogeniture, we shall have an Aristocracy here
e shall -have within a century or two, that will compare favorably with  even  our
a-high one,
mother-land.  We have a possible advantage of her, in that the blood
-more nu-  of younger sons and of side-families will continually crop out, giving here
mebrus than
in Britain.   to all an equal chance for elevation in society, while in England the many
are overshadowed by titles and entail bestowed on'the few.  Blood will
tell' in American generations as in British, whether in man or horse, and
Sl title's alid primogeniture have precious little to do with results.
S'Q1}Britainl's  Notwithstanding this seeming advantage in America as to multiplyAristocracy
superior as yet ing Aristocrats, the workings in practice, and in particular the effect upon
the State, the' most important of all considerations, have not thus far
Au Aristoc-  demonstrated our superiority.. The chief good of an Aristocracy is to
racy wanted
for Govern-  supply well'qualified persons to administer the authority of the State,
meat.
whether proceeding from a Sovereign, who has received from his People,
or inherited, the Right of Command, or'from'a People which has kept to
Benefits of this itself its Sovereignty. -In England the Aristocracy has for centuries furnished- a. class, the superior of which to conduct affairs of State, and
continuing for an equal length of time, can scarcely be found.  The
chapge of par-: administration may be changed, Whigs put in and Tories out, but men,
ties makes no
diffeiirce.    who for many years have devoted themselves to the science of Government, have gained intimate acquaintance with public affairs home and
foreign, and know every spar and sail and line and all the workings of the'Ship of tataged ship, are brought to the helm and to other official positions; and though
well managed.                                                              and
the course of:the ship of State may be more or less veered, she sails sple.ndidly under the command of officers ever qualified for their high calling.
Skill required No ship can make a long and successful voyage except under such conto conduct
these ships.  duct.  The storms of passion, the tornadoes of popular fury, must be
encountered;: sometimes' driven on a lee-shore: of clashing interests with
rival nations, only'the most skilful pilotage will save her from wreck and
destruction;. the crooked, intricate channels of diplomacy must be well
known,: or great injury results if not ruin, when the ship's company think
they areabout to reach a haven of peace and prosperity.  UnquestionSkill has made
Britain mis- ably is it owing, in large measure, to Britain's Aristocracy, and particularly
tress of the
Ocean.     that part called the Nobility, that her voyage has been so prosperous as
to entitle her to the proud appellation of the Mistress of the Ocean.
Amerllcans sk-    We Americans are very liable to misjudge as to this important topic.
dervalue skill..Crazy with our success, not perceiving that ithlias been owing mainly to
our natural advantages, and our isolation, we think our ships can sail
themselves; at least we often require very little nautical skill in our
Government officers.  When one studies.into the mysteri'es ~of governmental science,
requires skill.
as little even as has the writer, he will see what preeminent knowledge
and ability are requisite to conduct affairs of State.  Have we generally'e have not regarded this?  In choosing. our rulers have we inquired, Is he honest, is
taken Aristocrats to sail he capable, is he a true Aristocrat?  Or have we supported -our candidate
our ships.   because of the. advantage'; to our party, and to secure to ourselves or




Introductory Compend.                                   149
friends the spoils of office?  Has the good of the State been our lofty'19. ABrin
aim? or mean, selfish, filthy lucre?                                   to be friendly
It must be admitted that thus far the British system, granting ex- The superior
ity of British
clusive' privileges to a few of: their Aristocracy, has'produced superior Aristocracy.
results to our American free system; for it will be evident in the: sequel,
that we have not prospered because of good management, but from peculiar circumstances attending the settlement of a new country of immense
area, and with unequalled advantages.  One needs only to look into our Our success
not occasioned
unwieldy, confused, contradictory niass of statutes that every State and by skill, but.  fortuitous:ir.
every lawyer, even from Philadelphia, is perplexed with, and scrutinize cumstances.
the views of our leading statesmen as presented by Professor Fowler,
in. his Sectional Controversy, and glance at the' mistakes and wrongs of
our present Administration, to discover that our success is not to be
attributed to Aristocratic skill employed in sailing our ships of State. New ships
New ships will bear a deal of maltreatment and abuse, that would founder bear more
an old one; and were we old States like Britain, with'such management we must
change or eve
continued, as has been ours, we should soon be in the deep ocean buried. shall founder.
We must have a more perfect Aristocracy, and make of it a better More Aristoc.
racy neeesuse.  A pure Democracy is our special abhorrence.  We are Republican- sary.
Democrats, having a much more perfect Republican basis, than any
Democracy of which we have knowledge.  We shall adhere to Republicanism if we are to prosper and preserve our liberties; and in.choosing our Aristocrats
must be our
Executives, Legislators, Judges and other officials, our aim is to be, must be, rulers.
more and more to put forward into public life our best men, our Aristocrats.
Our chief difficulty has been, that hitherto proper regard has not been This has been
neglected.
paid to this important point.  Yet had we done pretty well in the-main,
till that pernicious principle came into vogue, "to the victors belong the "To the victors belongithe
spoils; " since which, the strife has been both by electors and elected, sloils," perless with reference to qualifications for office, less to the plans of Government, State or Federal, less to the protection of faithful subjects, and the
advancement of the glory of these Sovereignties; than to the: profits to
be made out of the office by the recipient, and the patronage to be
-bestowed on his followers.  We must discover and apply an effective Must be remedied.
remedy to this evil, or we go to destpiction.
And here again may it be observed in passing, we see the beneficial Theexcellence
influence of Federalism over a wide country.   These evils have been felt proved in our
escape from
much: more in the North than in the South.  Had we in the North been these evils.
by ourselves, the consequences would doubtless have been more injurious;
but the South have continued in the main to give to the Federal service The South.
their best men, their Aristocrats, as from the beginning, and there is no more Arismeasuring the value of Southern influence in directing our Federal concerns. The North will in time reciprocate these benefits, if they have not Checks of
North and
already.'We cannot dispense with the checks and balances of North South indispensable.
and South, East and West.
We shall make rapid progress in building up an Aristocracy as we  e shall build
cdme to understand the nature of our Government, the study of which tocracy.




150               Our Foideral Union: State Rights and Wrongs.:19o. Britain this war has forced upon us.  A mixture of it is quite as essential to our
and America
to be frieiidly. Democracies as to Britain's Monarchy. We have laid a proper ground.
work for' its development, particularly in the North, in our system of
Osrfree school free schools, which enables a poor man's son to look forward with equal
system favors
it.        probability of becoming an Aristocrat, as if his father were a millionaire.
Some of the best bloods of England, as of America, fall into reduced circumstances; but it is far more difficult to recover there than here.
Great wealth is not requisite to a proper Aristocracy, but a competency is,
which may easily be acquired in this country, with a small portion of a
man's time properly bestowed on business, leaving the larger portion to be
We hall have employed in qualifying himself to be an Aristocrat.  Space must not here
an Aristocracy
equal to Brit- be taken to discuss this interesting topic; but we shall endeavor hereafter
tb prove, that we shall surely establish an Aristocracy in these Democratic States, equal if possible, perhaps even superior, to that of Britain.
Strife between    An interesting feature in the friendly struggle for supremacy in ArisBritain and
America as to tocracy is to be, the ascertaining whether the hereditary system of Britain,
hereditary and
free Aristoc- I securing privileges to a part, is equal or superior to the free system of
racy.
America.  Of paramount importance is the subject to us, for the whole
problem of maintaining popular Governments, rests upon this one quesAi high Aris- tion. If we cannot have and perpetuate a high grade of Aristocracy, from
tocracy necessary to us.   which our rulers shall be almost uniformly elected, we can never sustain
free Governments.  Revolutions and anarchy must be our fate, till we
find relief in Despotism; and then, fortunate shall we be, if by establishing an hereditary Aristocracy, with all its burdens, we shall reach as free
a condition as Britons enjoy.
We shall ear-    Our inhabitants, too, of every grade will earnestly maintain Arisnestly maintain. it.  tocracy.  We live and labor for our children, are more regardful of the
interests of posterity than of this generation; and the more cultivated we
are, the more strongly this sentiment will possess and actuate us.  Even
Our humble in the humbler walks of life, among those making no pretension to ArisCitizens
friends to Aris- tocracy,: though often better entitled to rank among Aristocrats than many
tocracy.   who look down upon them with contempt; among the sons of poverty
and toil, do men understand that their little boys may rise to eminence
and power, and become the leading Aristocrats of the land. They have
stronger inducements, even, than the rich man, to preserve the present
order of the State, which, more than any other, gives to true merit a
liberal chance for promotion. In these States emphatically, "Worth
makes the man, want of it the fellow."
Aristocracy   These things have not been well understood; and we in middle life
not understood by us.  and on the decline, may never fully comprehend them; yet with the
Sooa will be. practical good sense of Americans, most will soon discover that they are
no patrons of the pernicious doctrines of equality so much in vogue, to
help greedy politicians to places of power, that they might plunder the
public coffers.  The plain People want our institutions perpetuated, which
Our' fa'rmnrs
understand   can only be done by changing our system, and electing true Aristocrats
tblood.nf to office.  Most of our Citizens. thank GOD, are farmers, and know that




Introductory  Compend.                                   151
occasionally a mare drops a foal that, without a pedigree, gives indication   1n.  Britaifn
of superiority, which care and training render famous.  Good blood is to be friendly.
there, and no one doubts it; though it may be several generations back,
and untraceable. So will many a son, with parentage unknown to fame, in Their sons at
least equal to
this land of true equality-equality of right to qualify for the highest grade a horse.
of Aristocracy, and to obtain it-rise to places of eminence and power.
S~herman came from the shoemaker's bench; Burritt and Corwin from Examples.
the anvil; Douglas from the cabinet wareroom; Webster from the farm;
and a host of others could be named, all from the plain common people;
and no one doubts their having good blood from some ancestor. Thousands Bloodwilltell.
more such instances are to be seen, if our institutions are preserved, of
unknown blood cropping out to the glory of the family, and State, and
Union; to the good of the world.  What a stimulus has the humble The interestof
the humble
Citizen, or even the humblest subject, who never aspires to the high citizenor subject to predignity of Citizenship for himself, to labor to preserve our Aristocracy, serve ourinstiand bring it into power, that his descendants may enjoy this inestimable
privilege of Citizenship, and have an equal chance of preferment to the
Succeeding
highest ranks of Aristocracy! And the next and succeeding generations, generations
will underare to be much better instructed on this subject than are we.            stand this.
Though we in the North are far in advance of the South in laying a The North
seem to have
solid basis of Aristocracy in our educational plans, which must continue, the advantage,
yet the South
too, owing to the large plantation system of the latter; their Aristocracy is lead in A.ri-]
now more prominent, and has been of much more service to themselves
and to our whole country, than ours. Living on their estates, with well
chosen libraries of the best authors ancient and modern, their solid And why?
thoughts not all frittered away with newspapers and magazines (which in
moderation have also their right place) and with "yellow-covered litera- Minds more
thoroughly
ture," they study more thoroughly into subjects than most do in the cultivated.
North. Then, too, those genuine Aristocrats are better treated than are Are better
treated.'ours.  The science of Government, the noblest of all, receiving their They study
special attention, they are qualified to become political leaders, and term politics, and
are kept in
after term  they fill the same office, or are promoted.  This training office.
and advancing are the means of making eminent statesmen; but in the Differentin
North, when a cub has sucked long enough in the opinion of his partisans, the North.
he is choked off the teat; and usually, after a single official term, when he Frequent
begins to be a little qualified to serve his constituents and his country, he changes.
gives way to a successor.  Ever after the spoils, and without regard to Our objectthe
qualifications, as a general thing, we devote our efforts and votes to that spoils
candidate who can give us and our party most probable success; and the
measure of success, is the amount of public plunder secured.  The true OAr Ahstoo
crats have no
Aristocrat of the North, the wise and good Citizen, who has leisure to chance.
give to study, and has qualified himself to fill with honor the highest.places of power, is seldom brought forward into the political arena; but-only brawlthe brawling partisan, contemptible pot-house politician, carries all before ing partisans
elected.
him, and the country may go to- "one place or another. This difference This enables
the South to
between the two sections, accounts for the control the South have had rule.




152              Ou r Fdtral Union: State Right   aZd  TWrongs.
~19. Britain in our public affairs, to which they are fairly entitled by the superior.
and America 
to be friendly. ity, in both political knowledge and experience, of the statesmen they put
A sudden   forward.  And it is because a change must be a gradual work of many
change nov expected,    years, that the remark has been previously made, that we in the West
-therefore will look to the South to devise measures of Government, and will give
the West desire a new   the votes to put them in operation.  We will not be separated from  the
Union with
the South.   South, and all we ask is, that they shall plan as well in the future as in tine,past, and almost their every project shall have success.  We should
have been worse situated than we are now, but for the South.
A change will   In time, we shall find some means in the North of guarding ourselves
be made.
from these harpies of office seekers and public plunderers.  Then will the
Aristocracy to Aristocracy have rule, and by improved practice, we shall develop much
rule.
further the excellence of our compound system  of free Governments.
StudytGovern- Let every reader study into the science of Government in particular, and
rient to betcome anAris- set his children at the same work, for an high Aristocracy cannot be
No cause of otherwise attained. We have no cause of discouragement, not in the least.
discouragementra.e   Considering our circumstances, the short period we have had to accomFrer ad   plish what can only be done by persevering efforts of generations, and
ences.     also the erroneous ideas as to freedom and equality generally prevalent
among - us, notwithstanding our correct enunciation of principles in our
Our progress Declaration of Independence and our Bills of Rights; it is quite remarkremarkable.
able that we have made so much progress in true Republican, antiDUGALD     Democratic, institutions.  We subscribe to the observation of Dugald
STEWART on
natural Aris- Stewart: "I before took notice of that natural Aristocracy, which we
toeraey.
vorics, ix. 417. find in every community, arising from  the original differences among
men, in respect of intellectual and moral qualities.  That these were intended to lay a foundation for civil Government, no man can doubt who,
does not reject altogether the inferences which are drawn from  the
appearances of design in the human constitution."
A mixture of    We must have the mixture of Administration-not of Sovereignty,
Administration.neces-  the Right of Command, which, being one and indivisible, is incapable of
Sovereignty. mixture with anything —the mixture of the exercise of Sovereignty, which
has worked so admirably for centuries in the mother-land, for almost a
century with us their offspring; and at the same time study sufficiently
into the theory of Government to learn, that, while we have an Aristocracy, we are still Democracies, though Republican, our Sovereignty
Examples in being in these several Peoples; as Britain, with her Aristocracy, is still
Britain and
America.    a Monarchy, though Limited, her Right of Command being in her
excellent Majesty, the Queen.
Mixture not a    This idea of mixture, and yet preserving Sovereignty one and entire,
new idea.   is no modern invention to gull the People, or deceive Monarchs.  " James
JAMES How- thowell, Esquire, one of the Clerks of his Majesties Most Honourable Privy
LL, 1644.    Council," wrote in the time of the Long Parliament (the date is 1644) an
interesting paper on "The Preheminence and Pedigree of Parlement,"
which we find in that invaluable collection, Lord Somers' Tracts, from
which we shall draw several treasures. Says Howell:




natroductory  Conmpend.                                    153
So I may say to have cause to rejoyce that I was born a Vassal to the ~ 19. Britain
and America
Crowne of England; that I was borne under so well moulded and tempered a Govern- to be friendly.
ment, which endowes the Subject with such Liberties and Infranchisements, that beare
up his naturall Courage, and keep him still in Heart, that free and secure him eter-  unider so good
nally from the Gripes and Tallons of Tyranny: And all this may be imputed to the aGovernment.
authority and Wisdome of the High Court of Parlement, wherein there is such a rare Fee of tyranCo-ordination of Power, (though the Soveraignty remaine still entire, and untrans- Because powferrable in the Prince) there is such a wholsome Mixture'twixt Monarchy, Optimacy, er is divided,
and Democracy;'twixt Prince, Peers and Communalty, during the time of Consulta-  while Sovereignty is
tion, that of so many distinct Parts, by a rare Co-operation and Unanimity, they make entire.
but one Body-Politicke, (like that Sheafe of Arrows in the Emblem) one entire concen- The different
parts united
tricall Peece, and the Results of their Deliberations, but as so many harmonious in one body
Diapasons arising from different Strings.                                   politic.
And we shall learn, I think, that at the settlement of the Crown on No change in
William  and Mary, great care was used not to change the ancient Constitution.  The documents and debates, which have been examined and
will be. quoted, seem to prove that Sovereignty was granted as of yore, william and
so that William and Mary could rightfully grant their faithful subjects in Mary feignl so.
Massachusetts the charter with such privileges and powers, as enabled Could grant
iassacb usetts
those Colonists, when forsaken by the King's representatives, the Gover- a charter.
nor and Lieutenant-Governor, as they were, to appoint those officers for
themselves.
Let the Nobility of Britain understand, that they have in us earnest we will maintain Aristoccoadjutors to maintain Aristocracy; and if they choose to make a part of racy.
theirs hereditary, not only do we freely admit that it is none of our con- We vill not
interfere with
cern, that we have no right in any shape or form to interfere; but fur- Britain's
ther, we see clearly, that it is the best means of establishing, a permanent hAristitcracy.
and reliable check upon Monarch and People, indispensable in that form
of Government.  While we cannot have their form, most probably ours They can
is not adapted to them, at least they think so; and the British-People IUtdge what is
have not only ability to judge for themselves, but a long experience of
the. benefits of their Government, should make them slow to change.essen- Should be slow
to change.
tially, while with due inquisition they ascertain abuses, if any there be,
and'nake such improvements as may be in their power.  We need desire To equal them
would satisfy
no more success than that attained and attaining, in Britain's progress us.
past and present.'We Anglo-Saxons glory in our mother-land.  GoD Prosperity on
the motherbless and prosper her for many centuries to come, as in centuries past; lndther
and when we shall have attained her present age, may we be able to show.as honorable a record.
The time has come for Anglo-Saxons of Britain and of these States, Anglo.Soaxons
to have a better understanding.  Two of the leading powers of earth, friendship.
neither acknowledging any superior; being the two best examples of the
opposite forms of Government, Monarchy and Democracy, one or the Possibility of
other of which every nation will, probably, in time imitate; we seem at disagreements
first glance to be rivals, between whom concord is doubtful.  Let us see.
The competition in commerce and manufactures should give no occa- As to commerce and
sion  of difficulty beyond what arbitration can remove, already several manufactures.
times successfully employed; and when our Supreme  Court shall be




154                  Our Foederal Union: State Rights and Wrongs.
~ 19. Britain  remodelled  in  our new  Constitution, and  put upon  a proper, enduring
and America
to be friendly, basis, beyond  the possibility of interference with it either by the ExecuDificulties   tive or Congress, it will be a tribunal to which British Citizens, or even
easily settled,
the British and other Governments, will resort with confidence that justice
will be administered, according to true principles of International Law.
-if we under- Let British and American Citizens understand the Law of Nations, and
stand International Law,.   seldom  will its provisions be violated; and when  difficulties arise, they
can be adjusted in their own Courts, or the British Courts, or by arbitration.  Seldom  will any occasion of difficulty arise between these nations
that cannot be thus settled.
No danger of      The next most serious ground of rivalry may be, as to the spread of
our diverso  our respective forms of Government.  But in that is no danger.  We
ernment.     are never to engage in planting Colonies, not even for the Negro, having
We are not to land  enough  of our own for:the present, and more than we can speedily
plant Colonies,                                       rent                                 se i
settle; and when we want more, we shall buy it or annex independent
States in Mexico or the West Indies.  We have land enough in our own
No danger of and  contiguous territory, without going  abroad to plant Colonies.  So
collision if allowed to man- that, supposing Britain will allow  us to manage our affairs as we please,
age our own
affairs.     in our own neighborhood, Canada, Jamaica, &c. excepted, there appears
to be no danger of collision. If she be not resolved on this course, she
The probable had  best by all means attempt now  to interrupt our destiny, which is
extent of our
Republic.    probably to embrace in one Federal Union the Islands and the Continent
to the Isthmus of Panama. She will let us go on our way rejoicing in
No territory   America, as will she in the East.  Neither shall we ever obtain Cuba or
will be unfairly obtained.   Jamaica, or  any  other territory, by  any fillibustering  means or other
wrong conduct.  We shall bide our time, and take our chances, faithfully
living up to the Law  of Nations; and though some of our people attempt
ed once to interfere with  Canada, and others with  Cuba, we shall know
Our revolu-  our duties better in future.  The revolutionizing sentiments of man's freetionizing sentiments to be dom and right to overthrow Government at will, are never again to have
corrected.
support in this land of true liberty.  Licentiousness and wrong, our Sovereignties will control and punish.  What even Rousseau condemns, we
shall not practise nor permit, when we better understand  principles of
Government.'
ROUSSEAU'5
Discourse oel
Jtn1equaslity.  1 Rousseau observes in his dedication to the Republic of Geneva, of "A discourse upon the
Dedic'n, p. vii. Origin and Foundation of the Inequality among ~l~ankind: "
Man under a    "I should have chose to live and die free, that is to say, subject to the Laws in such a manner,
"yoke,"      t. at neither I, nor any other Member of the same Society, should be able to shake off their honourable Yoke; this wholesome and pleasant Yoke, which the proudest necks carry with so much
the greater Docility, as they are not made for carrying any other.
-subject to     "I should therefore have desired, that no Member of the State should be able to boast of his
laws,        being superior to its Laws, nor the State have any Reason to fear its being obliged to receive
No man ex-   Lawvs from any other. For, let the Constitution of a Government be what it will, if there is but
empt.        one man in it exempt from the Laws. all the other Members must necessarily be at his Discretion;
Two heads in And when there are two Heads, one National. and the other Foreign, let them divide the sovera State cannot eign Authority in the best manner it can be divided, it is impossible that should be well obeyed
be obeyed.   and the Government properly administered."
Agrees with'iThus does this infidel corroborate the immaculate teachings of our blessed Saviour, that a man
our Saviour's cannot serve two masters, and that therefore Sovereignty over man must be one and indivisible,
teaching.    however its exeroise may be distributed. A further quotation must be made from this distinA new Repub- guished teacher offreedomn and equality.
lie disliked for   " I should not have. liked to belong to a Republic lately formed, whatever good Laws it might
fear of change. be blessed with; for as the Government of it might possibly be otherwise framed than present




Introductory Compend.                                            155
Nor is there danger of collision elsewhere, in disseminating govern- ~ n(. Britain
mental principles.  We have no right to-interfere with any other State, to'be friendly.
to  induce a change in  its form, nor would interest prompt us to the We are not to
be political
attempt.  Believing  we  have  the  best system   of  Government ever apostles.
devised, provided it possess seeds of perpetuity, it is not for our advan- nor interesiht
tage to have a. similar and powerful one in Europe or elsewhere.  As interfronene.
philanthropic individuals, we might -rejoice in the spread of free institu- As individuals
we reyjoice in
tions; but with all the rest of the world, owing to the imperfections of the spread stof
free instituo
humanity, we have been compelled to unite ourselves into these States; tisns, not as
States.
those greatest moral persons, that are without heart or conscience, and
who are created for the very purpose of advancing their own individual
good.  These States of ours need, most of all, population for themselves The worse
other Governand for the vacant territories they own in common.  The worse the Gov. ments are, the
ernments of Europe, the more will their people flock hither.                        better for us.
As nations we should even deprecate the adoption by other nations These States
of Britain's improvements in the science of Monarchial Government, much  dlhr  tateto
more our own in Republican Government. France, for instance, we hope, improve.
will forever adhere to its determination to be " one and indivisible."  It is
*a sure safeguard against her becoming a permanent Republic; and we want we want their
the liberty-loving Frenchmen here.  More admixture of that sprightly inhabitants.
blood is quite desirable. The commingling of blood from the various families of the Caucasian race, no doubt accounts for the superiority of American character, and Powers in statuary, and Morphy in chess, are only Benefits of
specimens of what will be often witnessed in every department of the mixing blood.
arts and sciences.  We desire more and more of the best blood of Europe,
and shall have it, if we' can only maintain our Union, and thereby give
confidence in the perpetuity of our institutions. And we as a nation
of nations, however it may be with individuals, do not care to see improvenlents made in European Governments adapted to keep their Citi
zens at home.
We discover no cause to apprehend difficulties between Britain and  oiy ecaxse of
difficulty exthese States united, except the natural jealousy of rival nations.  This cept national
should not have usual strength between us.  We the daughters should
have none of it, especially if these States can be once again united; for we have no
jealousy of
with  Union we shall as certainly lead her as that the wheel of time  lritain.
revolves. We have not been, we shall not be jealous of Britain, and,
Exigencies required, I could not promise myself that it would not be shaken and destroyed, almost
at its Birth, either because the new Administration did not suit the Subjects, or the Subjects the
new Administration. It is with Liberty as with those solid and succulent Aliments or generous True ideas of
Wines, whicth, thoe' fit to nourish and strengthen the robust Constitutions that have been accus- liberty.
tomed to them, can only serve to oppress, to disorder and destroy such weak and delicate Frames
as had never before made use of them. Men, once accustomed to Masters, can never afterwards Men accusdo without them. The more they bestir themselves to get rid of their fetters, the farther they tomed to mas
stray from the Paths of Liberty. inasmuch as. by mistaking it for an unbounded Licence which is ters cannot
-the very reverse of Liberty, they almost always become in the end, the Slaves of Impostors, who, dispense with
instead of lightening their Chains, make them a great deal heavier than they before ever were," &C. them.
It would be agreeable to quote further the testimony which this anti-Christian, GoD-despising, Rousseau corSovereignty-hating miscreant had to bear in favor of the right, the necessity of Government; rects his own
utterly subverting, even in the dedication, one of the most detestable, revolutionizing attempts  rngs. teach
ever made by a wretched, fallen creature, to overthrow the Heaven-ordained bulwark of humanIty, the Right of Command.




156                Ourl Fcederal Union:  State Rigkhts and  Tv"onags.
d 1. ABritain   patiently biding our time, will rejoice in the prosperity thatmay be show6nssd America         b
to be friendly. ered upon our worthy mother, which, however great, must here be surWill rejoice in passed.  We are true Anglo-Saxons,.and rivalry on our part shall be, by
her prosperity.
Will try to   virtuous deeds, peerless achievements, to prove ourselves not unworthy
selveorthy of our'ancestry of England, more faithful supporters of its glory, than
s.nse       even the sons at home.  We feel our debt of gratitude for the wisdom of
Our indebtedneess flr liberal our Monarchs, which led to the liberal grants of self-government, that
grants.
grants.  qualified the Colonies to become free and independent States; and had
Hasd GCeorge  George III as properly asserted  the royal prerogatives, as faithfully susIII been faithftl as our ear- tamed the British Constitution with its ancient Monarchial form  of Goviher Kings, we
had not been erminent, as did his predecessors, he would never have mourned the loss
separated.
of these jewels from his Crown.  We know not yet whether to sorrow or
to rejoice at the egregious blunders in the science of Government that led
Rteunion being to our separation. But reunion being impossible, we would next have
impossible, let   r
our strife be to warm and constant friendship with our cousins; and let the two branches,most honor
our common  vie in manly, loving strife, which shall do most for the honor of our comsa~ge.  mon lineage.  We glory in being of that true liberty-loving stock; in
speaking the language of England, which we will aid to spread with all
its accompanying blessings to every continent, to all the islands of the
seas.  In the beautiful thoughts and words of our distinguished historian
do we say with all our hearts:
An apostrophe    Go forth, then, language of Milton and Hampden, language of my country, take
to the English possession of the North American continent! Gladden the waste places with every
language.
tone that has been rightly struck on the English lyre, with every English word that
has been spoken well for liberty and:- for man! Give an echo to the now silent and
BANCRPOFT.  solitary mountains; gush out with the fountains that as yet sing their anthems all day
History of the long without response; fill the valleys with the voices of love in its purity, the pledges
Revolzution, it,
50.         of friendship in its faithfulness; and as the morning sun drinks the dewdrops from the
flowers all the way from the dreary Atlantic to the Peaceful Ocean, meet him with the
joyous hum  of the early industry of freemen!  Utter boldly and spread widely
through the world the thoughts of the coming apostles of the people's liberty, till the
sound that cheers the desert shall thrill through the heart of humanity, and the lips of
the messenger of the people's power, as he stands in beauty upon the mountains, shall
proclaim the renovating tidings of equal freedom for the race!
Britain should    Nor should our mother be jealous of the rising glory of her daughters.
not be jealous
of her off-   The noblest, farthest-reaching work of modern centuries, was the- planting
spring.
of England's Colonies in America; a work worthy of the great Queen
Elizabeth and her illustrious Raleigh.'Had the same clear ideas of SoySeparation    ereignty and its rights been perpetuated, which Sir Walter gave, and
caused by errors.       will ble found in this first volume, we had to-day probably been with her.
Vain to specu- It would be in vain to speculate upon results that might have been witlate on what
might have   nessed, but for the confusion with regard to the theories of:Government,
been.
which led our King and his Ministry, Tories as they were, to put Sovereignty out of the Crown into Parliament.  A magnificent kingdom would
A magnificent it have been when, in timce the American portion, largely outstripping the
- kingdomi ruptured.    - European, it would have become wise and necessary to transfer the court
to this side of the Atlantic.  Ignorance and confusion prevailed, dismermn




:Introductory  Compencd.                                   157
berment was accomplished, and the wrongs cannot be righted.  We have n19. Britain
to deal with facts as they are, not as they might have been.                to be friendly.. Nor should any grudge be borne us on account of the separation. Theseparation
no cause of enWe were never rebels.  We: stood by prerogatives of'our Sovereign, our mity.
rights as Britons, and our chartered privileges, and resisted the base Had not the
King violated
endeavors to destroy the ancient Constitution of England and of Britain, tile British
and by transferring the Supreme Power from the King to Parliament, to it woull inot
change the Government from a Monarchy, limited with great wisdom, to haveoccurred.
an unlimited Aristocracy.  We had those who sought revolution; but we opposed
separation.
the documents will prove how strongly we affirmed our allegiance to our
King, and how  earnestly we desired to continue a part of the British
State; and though bewildered ly Locke and Blackstone in our theories,
we were about right in practice.  An extract of a letter from Jefferson to
Wirt, confirms this, and we shall have more of the same sort:
The Address of 1764 was drawn by Peyton Randolph. Who drew the JEFFERSON, to
memorial to the Lords, I do not recollect, but Mr. Wythe drew that to the Commons. wirt, AWug. 4,
It was done with so much freedom, that, as he has told me himself, his colleagues of vi. 3c8a.
the Committee shrank from it as bearing the aspect of treason, and smoothed its
features to its present form. He was, indeed, one of the very; few, (for I can barely
speak of them in the plural number,), of either character, who, from the commencement of the contest, hung our connection with Great Britainz on its true hook, that of Being subject
a common:king. His unassuming character, however, made him appear as a follower, to the King to
while his sound judgment kept him in a line with the freest spirit. By these resolu- Britain.
tions, Mr. Henry took the lead out of the hands of those who had heretofore guided
the proceedings of the Hofise, that is to say, of Pendleton, Wythe, Bland, Randolph,
Nicholas. These were honest and able men, had begun' the opposition on the same Moderation of
grounds, but with a moderation more adapted to their age and experience.  Subse- the leaders.
quent events favored the bolder spirits of Henry, the Lees, Pages, Mason, &c., with Young men
whom I went in all points. Sensible, however, of the importance of unanimity among wfante  to go
our constituents, although we'often wished to have gone faster, we slackened our waited orthe
pace, that our less ardent colleagues might keep up with us; and they, on their part, elder ones.
differing nothing from us in principle, quickened their gait somewhat beyond that
which their prudence might of itself have advised, and thus consolidated the phalanx
which.breasted the power of Britain. By this harmony of the bold with the cautious,. Harmony of
the Revoluwe advanced with our constituents in undivided mass, and with fewer examples of tion.
separation than, perhaps, existed in any other part of the Union.
The Colonists will be found to have been the only true Tories in the We were true
Tories.
British dominions, faithful subjects in maintaining the royal prerogative,
even against the: faithless Tory King and Ministry themselves. And our Whigs were
confused by
noble Whig friends, Burke, Fox, Chatham, &c., having been joined in the Tories cthis bewildering fashion by their opponents, seem never to have compre knowthe supremacy
hended their position, or how to extricate themselves, from their difficul- of Parliament.
ties.  The Tories, adopting for the time the Whig notions of the supremacy of the Legislature, as in the Quebec Bill, if the Whigs were right,
Parliament must have the power to pass any and all laws to promote the
general good of the kingdom, in America as elsewhere.  Lord Mansfield's
argument is perfectly unanswerable.  This the sound practical sense of whig sense
governed in
the Whigs, caused them  to resist, notwithstanding their theories were practice, lut
confused~ ndtey-erebligdtotakethetranepoitiothtacontradicted
confused;: and'they. were obliged to take the strange position, that a theonries.
p~~~~~~hois




158               Our Faderal Union:  State Rights and  Wrongs.
~  n9 Britain power supreme in all its dominions, had no authority or right to make
and America
to be friendly. and enforce certain laws in particular sections of the State.  Our cousins
We otught for will find that instead of our being rebels, we fought hard for fourteen
the British
Constitution. months in defence of our Constitution and ancient rights, as Britons; and
finding it of no use, that even the Tories were determined to change our
system from a Monarchy into an Aristocracy, our Sovereign thereby forfeiting all claim to our allegiance by these violations of his oaths, we cast
off his Right of Command, taking it to ourselves.  We would have disNo chance for
compromise. graced our parentage had we done differently.  Compromise was out of
the question.  The sensible Dean Tucker said:
DEAN TUCK-     The misfortune is, that in the present case, any scheme for a Compromise is
the Mlothe   absolutely impracticable. And the reason is, because in all compromising schemes, it
Country and is believed, and taken for granted by both partie's, that what they give up for the sake
Tract 5, p. 11. of peace, doth not invalidate their right and title to that, which they choose to retain.
But this is by no means the present case: For the claim of right on either side must
be universal, or there must be no claim at all: And neither party have it in their
power to recede a tittle from their pretensions, without subverting the very foundation
of their claim to all the rest.
Division of    That was precisely the case.  If Parliament had any right to legislate
right impossible.       for us, she had the whole right.  If she could lay an external tax, she
Right to lay  could an internal; and if allowed to levy three-pence on tea, she could
onie tax gave
right to all  go at her own option to twenty shillings in the pound.  No limit can be
taxes.
assigned to a Supreme Legislature.  We had never acknowledged the
supremacy of Parliament; were never its subjects.. Without well underWe opposed  standing the theory, we had too much good practical sense to consent, that
change in our
Government. our Monarchial Government should be changed into that most miserable
of all forms, an Aristocracy. Had George III only been as good a Tory
as were our fathers, the noble fellow, for he was a splendid Monarch,
would never have endured the mortification of acknowledging the independence of these States.
Providence di-    Probably it was a kind Providence that brought about the separation
rected the
change.    then, when its cost of blood and treasure was less than it could have been
at any time since.  The growth of Republicanism  in the Colonies, was
Republican-  incongruous with the British form  of Government, which was not foreism incompatible with Mon- seen in the early stages of settlement, and even had it been anticipated,
archy.
could scarcely have been guarded against.  In time this must have gent
Division was erated dissension and strife, and probably ultimate division.  Her wise
anticiated.statesmen have foreseen this.  Lord Kames wrote only three years
before the separation:
LORD KAEBS,    Our North American colonies are in a prosperous condition, increasing rapidly in
a9't, ii[ 94   population and in opulence. The colonists have the spirit of a free people, and are
inflamed with patriotism. Their population will equal that of Britain and Ireland in
less than a century; and they- will then be a match for the mother-country, if they
Rapid growth choose to be independent: every advantage will be on their side, as the attack must
be by sea from a very great distance. Being thus delivered from a foreign yoke, their
Will become first care will be the choice of a proper government; and it is not difficult to foresee
independent  what government will be chosen. A people animated with the new blessings of liberty
and Democratic.        and independence, will not incline to a kingly government. The Swiss cantons joined




Introductory Compend.                                           159
in a federal union, for protection against the potent house of Austria; and the Dutch ~ 19. Britain
and America
embraced the like union, for protection against the more potent King of Spain.  But to he friendly.
our colonies will never join in such a union; because they have no potent neighbour, Can never
and because they have an aversion to each other: I We may pronounce with assurance, have Federal
that each colony will choose for itself a republican government.  And their present Union.
Each Colony
constitution prepares them  for it: they have a senate; and they have an assembly will be inderepresenting the people.  No change will be necessary, but to drop the Governor who pendent.
represents the King of Britain.  And thus a part of a great State will be converted Small change
in their Govinto many small States.                                                             ornments.
Reunion is neither possible nor desirable. Nor can we have Britain's Reunion with
Britain, or
excellent form of Government, unless through anarchy, long despotism, and their form of
Government,
seas of blood, we should be able to find rest under the conservative influence impossible.
of an hereditary Aristocracy like that of hers, the growth of centuries.
Our kinsfolk desire for us no such fate, at least till we have tried longer
whether Anglo-Saxon stock has not capacity to rule under another form
of Government than Monarchy.  We believe it will be found capable of Anglo-Saxons
should aid us
doing anything Caucasians have ever done; and our cousins should have to maintain
Government.
pride in us and earnestly aid our efforts to maintain the GoD-given form
instituted in -the early stages of our race.  These two most Christian Britain and
America
nations, happy and joyous in the benevolent and philanthropic efforts of should be
each other's Citizens to improve man's condition wherever found, whether friends
of our race or of those inferior; efficient co-laborers in the harvest of the
world, with what strong cords of affection should the hearts of these great
and good Peoples be bound together! It will be so, if we can only be
brought rightly to understand each other; and present circumstances afford
an opportunity that centuries to come may never give.
Any animosity of late years on our part against Britain, has been we are inimical to Britain,
caused by the belief that her Nobility are inimical to us, and have per- because her.Nobility seek
sistently sought our division.  It is not a thing susceptible of positive our division.
proof, though we have corroborative evidence, which will be given in the
sequel, and which the British have been aware of and could have disproven, had they deemed it best.  Without the counter-evidence, we have
been more and more strengthened in our convictions of their enmity.  If Wehavegiven
cause for their
it has existed, we see we have given too much occasion, in the inflam- dislike in our
-9~~~~~~~~ ~~~erroneous
matory teachings, by our stump-orators and ignorant, selfish politicians, of teachings of
equality.
equality and the right of revolution; and this fault on our part it is h6ped we will correct this, and
we shall well correct.  Doing this frankly and thoroughly, we hope to they will correct their
have'full evidence, either that we have misjudged their Aristocracy, or wrongs.
LORD KAME$,
1 Lord Kames remarks in another place: "The English colonies in North America, though lb. 33.
they retain some affection for their mother-country, have contracted an aversion to each other. Colonies
And happy for them is such aversion, if it prevent their uniting in order to- acquire independence: averse to each
wars without end would be the inevitable consequence, as among small States in close neighbour- other.
hood."
This is not the only testimony we shall have as to ancient hostility between these Colonies. Further testio
Union probably would never have been formed but for the necessities of the war. That Union, Union comimperfect as it was, proved too advantageous to allow of its being given up, and a more perfect one pelled by war
was made. Under its beneficent influences and growing intercourse, ancient aversion and hatred had wrought
had nearly died out, till within the last thirty years the slavery question arose, and owing to miscon- friendship, till
ceptions of our Federal Union, has engendered more bitter feelings than ever. Only by a return the slavery
to true Federalism can we ever again become friends; and an immense Federal Union, seems to brought disbe the truest safeguard against petty jealousy and enmity.                          sension.




160                Our Foederal Union:  State ]Rights and  WTVongs.
~ 19. Britain  that our wrongs being corrected  they will desist from their purposes of
and America 
to be friendly. weakening us by division.
The present a    The present affords a remarkable opportunity to convince us of their
favorable opporteunity.   sincerity.  We are all in confusion as to principles of Government.
We are. in con- Slavery has been made the ostensible and exciting question, in the discusfusion as to
Governmental sion of which, Britain seems to have powerfully stimulated our variance
principles.
and  animosity, in  order to effect division even with civil war.  But
Slavery could
not have    slavery is only an incidental evil at most; and could never have worked
brought this
war but for ig- great injury, had we properly understood International Law, particularly
norance of International   the rights of Sovereign States united by a Federal League.  We have
Law.
become perplexed and cannot agree as to where our Supreme Power is,
Our Sover-   which regulates States and their' every interest, slavery included.  Some
eighty lost.
of our great statesmen  affirni that our Sovereignty is in the United
Various ideas States, some in the people of the United States,,some in the Government
of its whereabouts.     of the United States, some in State Governments, some that it is divided,
part to the United States or their Government, and part to.the States or
their Governments; and here and there a man is found with the strange
hallucination, that it is in the People —the People by States. Now we
Britons will  want the aid of Lord Brougham, Lord Russell, Mr. Disraeli; Mr. Mill
aid to find it.
and others, who write as though they understood this question of Government, to aid us in discovering where our Sovereignty-our Right of CorSuch aidas   mand —is located.  We do not desire further assistance like that of
Mr. Spence's
not wanted.  M. Spence, for its tendency is strongly toward disunion; and we believe, if we can only know positively where we have our Supreme Power,
LoRD BRoUG- we can arrange our differences and be saved from disunion.  Our English
rAk on Supreme Power friends themselves do not appear to have well studied into our system, for
In America.   Lord Brougham in his able work remarks:
Political Phi-   We have now seen that this Constitution professes to lay down certain fundamental
osophy, iii.  laws, which are binding not merely on the subject but upon the Congress itself, and
upon all the State Legislatures.  Hence arises this anomaly, that the supreme power
Legislature is is fettered: there is not, properly speaking, a supreme power; Congress is tied up:
boued, we    that is done by the American Constitution, which in ours is held impossible; the
have no Supreme Power. hands of the Legislature are bound; a law has been made which is binding on all
future Parliaments.
This ailn effect   When we at first contemplate this state of things, it appears to be sufficiently
of Federacy. anomalous; and yet a little reflection will show us that it is, at least to a certain extent,
the necessary consequence of the Proper or Perfect Federal Union. There is not, as
State inde-   with us, a government only and its subjects to be regarded; but a number of Governpendonce.    ments, of States having each a separate and substantive, and even independent existence,
(Interpola-   originally thirteen, now six and twenty [now thirty-four], and each having a legislature
tion s to sut  of its own, with laws differing from those of the other States. It is plainly impossible
existing facts.)
The Constitu- to consider the'Constitution [now Constitutions] which professes to govern this whole
tion a Treaty, Union [profess to govern these whole Unions], this Federacy [these Federacies] of
of each State, States, as anything other than a Treaty [Treaties], of which the conditions are to be
executed for them all [for the States respectively forming each Confederacy]; and
-altered only hence there must be certain things laid down, certain rights conferred, certain provisby general
consent.    ions made, which cannot be altered without universal consent, or a consent so general
as to be deemed equivalent for all practical purposes to the consent of the whole. It
Feoderal fiUn  is not at all a refinement, as we have already remarked, that a Federal Union should
ment.'    be formed; this is the natural result'of men's joint operations in a very rude state of




Introductory  Compend.                                     161
society. But the regulation of such a Union upon pre-established principles-the ~ i9. Britain
and America
formation of a system of government and legislation in which the different subjects to be friendly.
shall be not individuals but States-the application of legislative principles to such a
body of States-and the devising means for keeping its integrity as a Federacy, while as this of ours,
the rights and powers of the individual States are maintained entire-is the very greatest -the greatest
refinement in social policy to which any state of circumstances has ever given rise, or refinement in
to which any age has ever given birth.*                                     social policy.
-It is believed that this examination, in the sequel, will be found to Our Confederacy "the very
justify the strong language as to our having made "the very greatest re- greatestrefine.
mert."
finement in social policy, to which any state of circumstances has ever
given rise, or to which any age has ever given birth."  And this "' refine- This done by
Anglo-Saxons.
ment" was attained by Anglo-Saxons, in only twelve years from the time
we ceased to be Britons.  Have our cousins at home any cause to be Letnot our
cousins be
ashamed of us, for neglecting and not practising the principles of liberty ashamed of us.
and of true Government, established by centuries of English experience?
Are we not true coin? bear we not "the stamp" of a long and noble line
of Anglo-Saxon ancestry, whose blood has brought this "refinement "?
Indeed have Anglo-Saxons in Britain and America abundant occasion for
mutual congratulation;'for reciprocal respect, esteem, and love.
Yet, while taking proper pride in our achievements, encouraged by we mst ic a
forget GoD's
our wonderful success to mightier efforts to "work out [our] own salva- rovidence in
tion" for time as well as for eternity, let not these Christian Peoples for- our affhir&
get the Power that works within us or be unthankful for it. Hardly had
the Hebrews of old more occasion to recognize the hand of Providence in
their affairs of State, than have Britain and America. Mbst applicable
to us is the message of the angel to the prophet:
This is the word of the LORD unto Zerubbabel, saying, Not by might, nor by Zecl. Iv, 8-10.
power, but by my Spirit, saith the LORD of hosts. Who art thou, 0 great mountain?
before Zerubbabel thou shalt become a plain: and he shall bring forth the headstone
thereof with shoutings, crying, Grace, grace unto it. Moreover the word of the LORD  hat Go:D dicame unto me, saying, The hands of Zerubbabel have laid the foundation of this recta
house; his hands shall also finish it; and thou shalt know that the LORD of hosts hath
sent me unto you.. For who hath despised the day of small things? for they shall
rejoice, and shall see the plummet in the hand of Zerubbabel with those seven; they
are the eyes of the LORD, which run to and fro through the whole earth.
And in all our glorying, let us heed the word of GoD by another Let us glory in
GOD.
prophet:
Thus saith the LORD, Let not the wise man glory in his wisdom, neither let the Jer. ix, 23.
mighty man glory in his might, let not the rich man glory, in his riches: But let him
that glorieth glory in this, that he understandeth and knoweth me, that I am the LORD
which exercise loving-kindness, judgment, and righteousness, in the earth: for in these
things I delight, saith the LORD.
VWe need to look no farther than this work of Lord Brougham's to Ourownmigh*
and -wisdom
discover, that it is hiot by earthly " might" and " wisdom " that the excel- have not established our
lent institutions;of Britain and America have been established and pre- institutions in
served.  This Political Philosophy is one of the very best works on America
Government of the past century.:Horn. Charles Francis Adams remarks
* The power of Congress in America extends not only over the different States, but over the
inhabitants of each.
11




162                 Our Foderal    U7ion':   zftat  Rights and  Wrongs.
sl19 Britain in editing the works of his grandfather; a duty, by the way, admirably
and America.to be friendly. discharged, and well deserving the commendation bestowed by Mr. Trescott in his Ditplomatic History of the Administrations of Washington and
Adams:
C. F. ADxam,    Whether owing to this cause or not, the fact is certain, that no leading political
Jo/en Adams'
Wlrorks, iv. 277. man, since his [John Adams'] day, has been known to express a serious doubt of the
immaculate nature of the government established by the majority.  The science has
Lord Brough- become reduced in America to a eulogy of the Constitution of the United States; and
am's "philo- we are compelled to look abroad, to Sismondi, De Tocqueville, Lord Brougham, and
ination."   other writers, who have studied on a broader scale, for the only philosophical exami
nations that are free from a bias seriously affecting their permanent value.
Lord Brough-     The philosophic Lord Brougham, good Whig as he is-GOD bless all
am will not
contend. that such-will never contend that a Government, —the machinery to control
Government
can existwith- a People,-can  be rightfully instituted, that does not rest upon Sover
out Sovereignty.         eignty, the Right of Command.  Without that, the would-be authority is
a usurpation, which English Whigs of all men can never tolerate.  He
e sederas the   rightly judges that the Federal Government cannot be supreme, because
ernmentisnot it is subject to a Constitutional Law; and he knows there is a power
supreme- above it to alter that Law. Yet, while recognizing the subjection of this
-yet the Con- power, he also discovers a clause in the Constitution declaring itself and
stitution, &c.,
is "the SU-  the laws and treaties made under it, "the Supreme Law of the Land," so
preme' Law?"
that all the other Legislatures —those of the States-are subjected to this
Federal Authority, which is also itself subject.  We have no other LegisHavingno su- lature, and he having clear convictions, according to the Whig school,
preme Legislature, he    that Sovereignty is in the Legislature if anywhere, and properly underthinkswehave
no supreme   standing  that it could  not' possibly be divided,' so that these various
power. i    Legislatures could each have a part, he comes to the inevitable conclusion that "there is not, properly speaking, a supreme power."
Woe donot be-    We have made great blunders in our expositions of Government;
lieve our Governments are but not a single writer in  America has been  discovered  who thinks
without Sovereignty.   we have Governments without any Right of Command.  All are verr
Troubled to  sure we have it somewhere, but the trouble is to find it.  And we want
fmid it.
Lord Brougham  and other good friends of the Whig school, not objectWant help.  ing either to good Tories, like -Mr. Disraeli, to aid us in searching for our
runaway Sovereignty. They can find it if they try; and it seems probable that they will not only be rewarded with the hearty thanks rendered
EnglishWlgsh by us their cousins, but the Whigs will be delighted to discover how
will be pleased
with the dis- correct was the practice of their old-time partisans, in resisting the Tory
covery.
efforts to tax the Colonies and dismember the British kingdom, though
Addendum, p.   1 In the haste to send the printer the interpolated remarks on Mr. Freeman's views, one of the
72, on Mr.   most Important differences between him and the old authorities escaped notice. Will the reader
Freeman's
vieweman    please consider the following an addendn  to the first paragraph o~p. 72, ending, "and other
parts of their bodies politic:"
He, divides    Yet is there not at all "This complete division of sovereignty," which this learned writer says
Sovereignty.  " we may look upon as essential to the absolute perfection of the Federal idea." It is a base imputation on "the Federal idea," that it should be guilty of attempting to destroy the very essence
That is not  of the Right of Command;, its oneness and indivisibility. Mr. Freeman must study more into
Federal doc- the "History of Federal Governments." There is no such nonsense as that in them. The truth
trine.      is, "that ideal is one so very refined and artificial, that it seems not to have been" altogether con
prehended by Mr. Freeman.




Introductory Conpend.                                     3
a little wrong as to the theory.  The Tories, too, will be pleased to find ~ nd. ic'
that their chief wrong has been in deserting Tory principles, and allowing to be fridnly.
in any degree the supremacy of Parliament.  They will be stronger Tories The Tories,
than ever.
We love our Whig friends,. and are happy that Lord Russell. in par- When our
ticular is in power.  He will aid his distinguished friend and others, who found, it ill
be in tbe-tPeo-'
may join in the search for our Sovereignty; and when the discovery is pie of each
Btate,
made, which is sure as the sun in the heavens, it is believed it will be
found thoroughly intrenched in the separate Peoples constituting these
several States.  As a consequence of its existence there, it will be found
that, like Britain herself, or any other free and independent nation, each A S ovaeig
one of these States had the power to withdraw itself from a compact which st:tldran*om
it deemed injurious, though no doubt good faith required it should first have a compact.
fairly employed the means provided in the Compact to protect its rights
and interests.  But having withdrawn, and no treaty obligations prevent- Having Withdrawn, can
ing, it had the right to make any sort of compact it pleased with other form another.
Sovereign States.  Some of these States, formerly in our Federal Union, Some of these
have withdrawn (without due regard, it is true, to the rights of States States withwith which they had been united, and the settlement of which rights is
still in abeyance, yet nevertheless withdrawn), and have formed another HIavefoitnedo
new ConfederUnion by the name of The Confederate States of America.  They im- acy.
properly and unnecessarily began a war upon us their former Confed- They began
erates, soon after forming their Union; but they have conducted their Vwar'nbg lave
affairs with remarkable skill, having organized their Confederate Govern- fully
ment in the midst of war.  We did the same thing before, it is true,
when we resisted the Tory wrongs and Whig mistakes that caused our
Revolution; but that war was a trifle to this. They have nobly sustained themselves; have far better and more correctly conducted their
Government, new as it is, than have the North; are better able to-day
to continue the.contest than when they began it,-we are happy in his Have proven
Lordship's assurance that they did begin it-and have proven themselves tSaxons.
worthy branches of the Anglo-Saxon stock. Should not such a power be Should they
recognized by sister-nations as having an existence?  We have recog. not bed  cognized her practically in various ways, notwithstanding our conceited igno- We have-done
rance of theories; and though a dread of Fort Lafayette would deter the 80.
writer from even suggesting, that the British might follow our example;
yet, if they should themselves think of it, and deem it advisable, it would The Briinsh
be very grateful to that courageous young Republic. Their heart and this.
soul is in this struggle for existence, and of all things do they desire to
-be recognized by sister-Sovereigns as an established power in the earth.
Most grateful will it be to them to have the mother-land take the lead: in The Smith
would be grat
Europe, and more than aught else she could do, would it attach to her ified to have
Brit,'dn reeog.
the generous hearts of the South.  And thousands of us in the North will nize t:,em.
rejoice that Britain so properly maintains the doctrine of State-rights.  It
must be done before these States can be again united. We glory in the
pluck of our Southern friends, alien enemies though they be; and while




lt g             Otr Fcederal Union: State Rights and  Thronse.
~de Britain we are determined to have justice ourselves, we also want justice done
and America
to befriendly. to them. True Anglo-Saxon Americans are they; let them possess and
enjoy due honor and respect.
will also find  But we hope, on examining further the Law of Nations, the wise men
points in In- Of Britain will also discover points that work in favor of the North.  We
ternational
Law thevorablet in the Northwest especially wish to learn, whether we are not correct in
to the North. -
our opinion, that these Sovereign States, in becoming joint owners in their
These States common territory, have become possessed of properties and franchises
have rights in
their cor.mon with which we have never parted, and of which war cannot rightfully
territory,    dispossess us.  We are impressed with the words of wisdom which JefJEFFERSON,  ferson penned to our excellent friend La Fayette: "I think with others,
Letter to Lafayette,: April that nations are to be governed with regard to their own interests, but I
2, 1790.
Woi1s, iii, 32. am convinced that it is their interest in the long run, to be grateful, faithStates to be ful to their engagements, even in the worst of circumstances, and honorhonorable and
faithful to en- able and generous always.  If I had not known that the head of our
gagomgets.
gnaments.    Government was in these sentiments, and that his national and private
ethics were the same, I would never have been where I am."
Those were    That " head of our Government" was our beloved WASHINGTON.
Washington's
sentiments.  (' These sentiments " of being A" faithful to their engagements, even in the
worst of circumstances, and honorable and generous always," were indeed
oeveh dillethe preeminent in the Father of his country.  His countrymen of the South
his principles. will never desert the principles of Washington, Jefferson, the Pinckneys,
Mason and the host of patriots, whose memory is a common and rich
inheritance to all these Peoples. They will be " faithful to their engagements, even in the worst of circumstances;" never can the South belie
If mistaken as themselves, and be other than " honorable and generous always." If they
to International. Law, they  find they are mistaken as to principles of International Law; and that faith
will correct
heir errors. and pact are unjustly, unnecessarily violated by some of the States seceding, those States will retrace their steps and endeavor to frame a new and
proper Federal Union, in which all these States can enjoy their common
rights and franchises.
The North     Nor will we in the North be less "faithful to our engagements," less
will not be
less faithful.  "honorable and generous always," than our sisters of the sunny South.
The declaration has been made that we will not give, up our rights in the
We will not be seceded States, and we never will be dispossessed by force of arms. But
dispossessed
by force of  if we are wrong as to the Law of Nations, learn either that these States
rights, yet if in
error, will re- never had rights beyond their own boundaries, or have rightfully and
sign them. completely parted with their rights to each new State, as it has been admitted into the Federal Union " on an equal footing with the original
States;" if we have no rights in States seceded from the Union, in others
which may and will secede; if the Union cannot be restored, let us know
it, and we shall not longer fight for them.  We shall only continue the
war begun upon us till the South are satisfied, and make propositions to
conclude it, when we shall frankly and heartily say, "Wayward sisters,
go in peace."
Whichever way this question of our rights, according to the Law of




Introductory  Compencd.                                 liS
Nations, may be decided by competent authority, it surely brings peace, ~1. B9rietain
for we are no " beasts."  We white folks, both in the South and in the to be friendly.
North, belong.to that' race which was made "in the image of GOD." According to
International
"Reason " not "force " will govern us, when we can learn what is Law, is this
question be"reason."  We cannot, as States, be governed'by "force," either in the tween North
and South to
North or in the South.                                                  be decided.
Our kindred and friends of the mother-land almost as earnestly as do Britain desires
we, desire peace.  In our strife and excitement, we are not competent our peace.
judges of these nice questions of International Law; and the authors of
the Code of Nations do not seem themselves to harmonize on all points Excitement
as perfectly as would be desirable, and we must have counsel and instruc- prjer judgies
tion.  To our muddled intellects there is an apparent difference of con- of right.
siderable moment, between the teachings of Grotius, Pufendorf, Vattel, Difference between author&c., and those of Locke, Blackstone, and the Whigf school of England. ities astoSovIf Sovereignty be in the Legislature, according to the latter, then Pufendorf and the others are quite in error as to the Legislature being only one
of the "parts " of Sovereignty, and that a perfect Right of Command
must not only have a power to make laws, but also a power, another
" part," to judge concerning those laws, called a Judiciary; a power to
execute, called an Executive; a power to tax, to create corporations, the
right of eminent domain, &c. To decide whether there be any difference To decide is
the first point,
between these authorities, and what it is, would seem to be the first ques-   first point
tion to examine, though there probably is not much in it, for Locke and
Blackstone can hardly be wrong; and had Grotius and his followers so
entirely disagreed with the others, the differences and errors would long
ago have been discovered.  If our friends can determine these points for -ifourfriends
aid to find it,
us, if there be anything in them, we shall then be able to find our long- we return to
our allegiance.
lost Sovereignties, and as faithful subjects will we return to our alleglance.
Having found and properly located our Sovereignties, we can then Deciding as to
Sovereignty,
learn the rights and wrongs of these States, concerning which we also will decide
rights and
need advice. Seldom is it, not once in centuries, that the statesmen of wrongs of
Britain can have an equal opportunity to perform a kindness, and gladly States.
will they avail themselves of it beyond a doubt; with usual British British opportunity.
honesty and sincerity an'd justice, will the work be done.
It will take some little time to make the examination, and meanwhile Duringexami.
nation, war
the war goes on. And though it was impolitic and imprudent to intimate goes on.
how the British Government cofild please the South by recognition; yet
as a "faithful liege subject of the Federal Government," as our wise chance to se.
cure Northern
statesmen use the words, we may declare openly a means of securing friendship.
Northern confidence and friendship.  Our' good Whig friend, Lord Russell, remarked, as before quoted, that "the South have made war on the The South
Government of Abraham Lincoln."  His lordship knows that the " neces- m
sity" the Law of Nations requires, did not exist to justify the South in
beginning this war; that notwithstanding many circumstances greatly
— ietenuate, they  s njstfand therefore they are in an   unjust
extenuate, they scarcely justify, and therefore they are in an "unjust, offenzsive.




16~               Our Foaderac  Union: State Rigits  and   Frongs.
1.  Britain offensive war," which no Christian nation can aid or abet, and they are
and America 
to be friendly. bound by every principle of Jus Gentiunm, and of honor, to prevent their
ThfaBrit ain  su]bjects from aiding our enenies, especially in articles contraband of war.
Yet her cap- Some captains will be smart and dodge the authorities, get out of port,
taina dodge
her regula-  cross the ocean, run the blockade, and sometimes by accident they carry
tionaL     arms, ammunition, &c. We observe that many more vessels, somehow or
Mor iFrnlish other, run away from Britain than from France; but we do not complain
than French
do.thl&    of this, because the British coast is extensive, and we shall no doubt sooner
No'complaint or later be neutral to a nation or nations at war, when we shall understand how difficult it will be to watch so long a coast and prevent contra-— ur cap- band trade.  It will be almost impossible to keep our smart Yankee captains may
dodgknsa.   tains from trying to make a little more profit, even with a good deal of
risk.  So we do not now complain of our friends' want of care, and we
shall by and by know how to sympathize with them, in the inability of
Government to control these smart captains.
Thbaiexlama    But it is very naughty in our cousins to allow such things as that
pled-?     Alabama to be built, freighted, and manned in their ports, and receive
supplies in others, to prey upon our commerce. It is a bad example for
ohr mother to set her daughters, one which they may be so unwise as to
— ouirilders imitate.  When there is occasion, our shipyards will very likely be
building just such things for the Cantons of Switzerland, San Marino, and
all the other great maritime nations; and when they put to sea and find
it difficult to sail direct to those States, they may cruise elsewhere.
It B-:in de-   If Britain desires the friendship of these Northern States, she can
sireaNorthern
friendship, she have it; and probably no like opportunity as the present, will soon recur
ha&aehance to
seecu.t,.    to gain it.  She must, however, somewhat shift her course, to be successful; yet only in uniformity with the rules and the demands of friendship.
Britain knows us. She believes this Anglo-Saxon stock will always
Mhust#hange stand by a friend, punish a foe when it is right and opportune.  We
her c slrse.
shall take good care that her confidence is not misplaced.
Theai States  Of all States, these of America have deepest concern in thorough
deeply interted in Inter- knowledge of the Law of Nations, the rule of conduct between them.
nattuaal Law.
Britia:next... Next to us, Britain probably is most interested.  Kent, Story, and
Wheaton agree, as we have seen, and their judgment is confirmed by
Hume, Bentham, Ferguson, Mackintosh and other authorities, that comImpni*,nee of merce in good part has created the necessity for the modern International
c0ompneo.   Code, and caused its rise.  Commerce between these States and that of
Britain is unsurpassed by that of any other nations. So that, aside from
Impiao*nce to questions of our own reunion, and of war and peace, present and future,
them of Internatioual Law a clear determination of what is that Law to regulate that commerce, is
to red4Ite it. of much consequence.  Also is it of fundamental importance, that these
muomi-ktuow  Peoples, and their several individual members, know perfectly in whom
wheze their
Sovegntyis. their Sovereignty, their Right of Command, is to be found, in order to
know whence comes the authority to enforce that Law.
Britais Col-    Britain, though a single State, has important Colonies widely spread,
which have rights dependent on the Law of Nations.  The commerce of




Introductory  Compend.                                     167
that State and her Colonies, is the greatest of all the world.  She needs ~ 19. Britain
and America
to well understand the International Code; and we should suppose that, to be friendly.
if Whigs and Tories could come to an understanding, whether their Right To understand
of Command were really in her Majesty, though limited by fundamental Sovereignty,
laws, as it was in Saul and David;, or in Parliament, creating an Aristocracy, it would tend to promote good understanding and correct management, and save other ruptures like that of ours in'76.
While still adhering to the determination not to commit the f6lly of Somtepoints in
attempting to instruct the wise men of Britain as to their Government, it tory.
may not be improper to suggest some points in the early history of our
common country and its Government, which are hardly questionable.
England was conquered by William  the Norman, in 1066; and The Norman
conquest.
though this is denied by some English writers, yet his bearing the title, by
common acceptation, of THE CONQUEROR, and the acts recorded of him,
prove the fact incontestably.  Says Ormerod in his History of Chester:
The general confiscation which may-be presumed to have followed [the attack of ORMEROD'S
the Normans on the Saxons], and the murder of the earl of.Mercia in the year follow- Hestoer ~ino
ing [1070], prepared the way for the establishment of the NORMAN EARLDOM Or trodluctAon,
CHESTER, first granted to Gherbod, a noble Fleming,-and then conferred on Hugh Xvii
d'Avranches, tfie king's kinsman.  To constitute an efficient counterpoise to the'neighbouring Welshmen, the vast privileges of the ancient palatinate were annexed to Division of
the grant, making the earl a sovereign prince within his limits, owing fealty indeed to lands by the
Conqueror to
the greater empire of England, but holding the whole (in the words of the grant) as his followers.
freely by the swonD, as the king held his realm by the CRowN, as "a dignity inherent
in the sword, as purchased by it, and to be kept by it also."
This grant included the entire lands of the palatinate, with the exception of those
held by the bishop, and nearly all the Saxon proprietors appear to have been ejected.
This deprivation, and the subsequent distribution of lands to his Norman followers,
was finished before the year 1086, &c.
Thus was the British Monarchy instituted, and the Conqueror distrib- British Monareby instiuted his lands to his subjects; and though various grades of honors and tnted.
privileges were established, the recipients were still subjects of their
King.  To get their contributions, the early Kings after William called Kings convened nobles —
the Nobles together, and their assent has been supposed to have always
been given to the laws.  When the People, by their representatives, first
began to join in making their grants and giving assent to laws, is un- -then Peoknown; but in 1322 an act of Edward II declares that " the matters to setativeps.
be established for the estate of the kig and of his heirs, and for the estate
of the realm and of the people, should be treated, accorded and established in Parliament, by the king, and by the assent of the prelates, earls
and barons, and the commonalty of the realm1 as had been before accus- England a
tomed."  It seems unquestionable, that the English Government was a Cromwelli'
Monarchy down to the usurpation of the Sovereignty by the Long Par- usurpation.
liament, and the murder of Charles I.  It was then an Aristocracy, the
State being under the rule of the firt, till Charles II was able to assume Crown inherit.
the Right of Command which he had inherited, and which was actually Iedby Charles
his, from the day of his father's death. IHis brother, James II, inherited
the crown, which by his tyranny and violation of his oath he doubtless Jaes IIb




168                Out Foederal Union: State Rights and  Wrongs.
~l9. Britaln forfeited, and the Commons seem  to have been right, as appears from
and America
to be friendly- their Journal, in insisting upon their resolution, that James II had "abdi-by him for- cated the Government, and that the throne [was] thereby vacant," to
No change   which the Lords reluctantly assented.  Itn settling the crown on William
fmade in grand Mary, both Lords and Commons were very particular to make no
of crown to
aillyiam and  change in their form  of Government; and though the Commons desired
to grant the crown conditionally upon their Majesties making farther concessions, they receded, and the joint Declaration reads:
Journal of thei   And thereupon the said Lords Spiritual and Temporal and Commons, pursuant to
ouse cf 100  their respective Letters and Elections, being now assembled in a full and free RepreLords, p. 100.
sentative of this Nation, taking into their most serious consideration the best means
for attaining the ends aforesaid, do in the First Place (as their Ancestors in like Case
Assert ancient have usually done) for the vindicating and asserting their ancient Rights and Liberties
rights-     Declare, [then follow thirteen declarations, to be given in the fuller recital, adding]
And they do claim, demand and insist upon, all and singular the Premises, as their
-which are
undoubtBhde  undoubted- Rights and Liberties; and that no Declarations, Judgments, Doings or
Proceedings, to the Prejudice of the People in any of the said Premises, ought in any
Wise to be drawn hereafter into Consequence or example. To all which Demand of
Declaration of,
Prince of Or- their Rights they are particularly encouraged, by the Declaration of His Highness the
ange.       Prince of Orange, as being. the only Means for obtaining a full Redress and Remedy
Confidence in therein. Having therefore an entire Confidence that His said Highness the Prince of
him.
Orange will perfect the Deliverance so far advanced by him, and will still preserve
them from the Violation of their Rights which they have here asserted, and from all
other Attempts upon their Religion, Rights, and Liberties: The said Lords Spiritual and
W illiam' and
Mary declared Temporal, and Commons, assembled at Westminster, do Resolve, That William and
King and    Mary, Prince and Princess of Orange, be, and be declared, King and Queen of Engqueen.
land, France and Ireland, and the Dominions thereunto belonging; to hold the
Crown and Royal Dignity of the said Kingdoms and Dominions, to them the said
Prince and Princess, during their Lives, and the Life of the Survivor of them; and
William to be that the sole and full Exercise of the Regal Power, be only in, and executed by, the
King.
said Prince of Orange, in the Names of the said Prince and Princess, during their
CThe dscen.t o   joint Lives; and after their Deceases, the said. Crown and Royal Dignity of the said
Kingdoms and Dominions to be to the Heirs of the Body of the said Princess; and for
Default of such Issue, to the Princess Anne of Denmarke [who became Queen], and
the heirs of her Body; and for Default of such Issue, to the Heirs of the Body of the
said Prince of Orange. And the said Lords Spiritual and Temporal and Commons do
Ogath of ale   pray the said Prince and Princess of Orange to accept the same accordingly. And
glance.
that the Oaths hereafter mentioned be taken by all Persons, of whom the Oaths of
Allegiance and Supremacy might be required by Law, instead of them; and that the
said Oaths of Allegiance and Supremacy be abrogated.: I, A. B. do sincerely promise
and swear, That I will be faithful, and bear true Allegiance, to their Majesties King
William and Queen Mary. So help me God, &c.
William and    The above was adopted the 12th February, 1688. The next day the
Mary proclaimed King Lords and Commons waited upon the Prince and Princess, and made to
and Queen.
d  ueen.  them in person their Declaiation, which, with the crown, was graciously
accepted in a short speech, after which the Lords and Commons proceeded
to Whitehall gate, and publicly proclaimed the Prince and Princess of
Orange, King and Queen, followed by three similar proclamations by the
same parties in other parts of the city.
Form of Gov-    Some acts were passed, which received their vitality from the assent
ernhament un
changedL    of the King, strengthening the rights of the People, as had been desired




Introductory  Compendl.                                    169
by the Commons; but no important change is perceptible in the form of ~ lm. Britain
Government.  If it was ever a Monarchy, it is one yet.  The Scottish to be friendly.
Parliament made a similar declaration  and settlement of rights, and
granted their Sovereignty also to William and Mary; and under Anne,
iin 1707, the two kingdoms were consolidated, taking to the new State Change of
their ancient name of Britain; and upon. the consolidation with Ireland,
the name was again changed to The United Kingdom of Great Britain
and Ireland.
There seems to be reasonable ground to believe, that the generous An examination to be of
aid of friends at home, in the pursuit after our lost Sovereignties, will not benefit to
be without benefit to themselves, in obtaining more definite knowledge Britain,
as to the location of their own Right of Command.  It is all in theory,-to learn
where their
to be sure, but it would perhaps aid' in practice, to have the point deter- Sovereigntyis,
mined whether the People and' the Nobles are subjects of the Queen, or
whether Queen, Lords, and Commons are subjects of Parliament.  Her
Majesty is either subject or Sovereign; she cannot be both; and it seems -equally as
quite as essential for Britons to know whether their Right of Command States.
is in Queen or Parliament, as it is for Citizens of these States, rulers and
ruAd, to know whether their Sovereignty is in the People by States, or
in the whole People of the United States, or in their Federal or State
Governments.  Correctness in theory on these topics is quite essential to
correctness in practice.
At the same time, this theorizing is easily over-done; and, however Theorizing
feeble may be the writer's powers of apprehension, he has read too much doye  ove.    r
of the able discussions of the English in the seventeenth century, not to
know to what treatment these views expose the holder, not the authors.
Says Milton in his " Defence of the People of England: in answer to MILTON's Defence of the
Salmasius's Defence of the.King:                                           Peopgle of
P'England.
Works, i, 141,
Aristotle likewise in the third book of his Politics: "Of all kingdoms," says he, ARISTOTLE on
"that are governed by laws, that of the Lacedemonians seems to be most truly and doatn Kingproperly so."  And he says, all forms of kingly governments are according to settled
and established laws; but one which he calls, wra.taXela, or Absolute Monarchy,
which he does not mention ever to have obtained in any nation. So that Aristotle -favored a
thought such a kingdom as that of the Lacedemonians was to be and deserve the name limichd Mony
of a kingdom  more properly than any other; and consequently that a king, tho'
subordinate to his own people, was nevertheless actually a king, and properly so —which was
called. Now since so many and so great authors assert, that a kingly government yetakingdom.
both in name and thing may very well subsist even where the people, tho' they do not
ordinarily exercise the supreme power, yet have it actually residing in them, and A rap at the,
exercise it upon occasion; be not you of so mean a soul as to fear the downfall of ory.
grammar, and the confusion of the signification of words to that degree,,as to betray
the liberty of mankind and the state, rather than your glossary should not hold water. Things, more
And know for the future, that words must be conformable to things, not things to inpota t
than words.
words. By this means you will have more wit, and not run on in infinitum, which
now you are afraid of. "It was to no purpose then for Seneca," you say, "to Three forms o.
describe those three forms of government, as he has done."  Let Seneca do a thing to Government.
no purpose, so we enjoy our liberty. And if I mistake us not, we are other sort of The power of
men, than to be enslaved by Seneca's flowers. And yet Seneca, tho' he says, that the the King belongs to the
sovereign poweP in a kingly government resides in a single person, says withal, that People.




170               Our Fcederal Union: State  lights and Wrongs.
~ 19. Britain "the power is the people's," and by them committed to the king for the welfare of
and America
to be friendly. the whole, not for their ruin and destruction; and that the people has not given him
a propriety in it, but the use of it.
Sparta kwas a  The above extract serves further to elucidate the confusion of ideas.
true kingdom,
but limited.  Lacedmamon, or Sparta, was undoubtedly a true kingdom, as treated by
Aristotle, as we shall hereafter see, yet one of the most strictly limited
An absolute  of which we  have  knowledge.   Of Aristotle's raxa/3ao-tXeta, 7kingly
Monarchy
melrely thee- power over all, Absolute Monarchy, he presents no example, and it is
retical.
merely treated theoretically, as being the most perverted specimen of
Writers treat a true and proper Kingdom.  It is generally supposed that Aristotle was
of three forms
of Govern-  nobody's fool; and he, as did Polybius, Tacitus, Seneca, Cicero, &c.,
ment.
whose views we shall have occasion to examine, treated of Government
Their differsts under the three forms, Monarchy, Aristocracy, and Democracy.  Now,
in the location the whole difference between these three forms consists solely in the
of Sovereignty.       location of the Sovereignty, the Right of Comnmand, as it shall be lodged
respectively in the one, the few, or the many. It is one and indivisible,
and cannot be lodged partly in the one, partly in the many.
Milton and     Milton. seems to confound, as Locke did after him, the occasional
Locke do not
properly class- reverting to the People of their R'ight of Command, with its permanent
ify.
The hiebrews, continuance in a true Commonwealth or free People. Before the Hegranted So-t brews had Saul for a king, their Sovereignty was in the possession of their
Saul-_     several Peoples, Tribes, or States.  They granted this away, lodged it in
-it reverted, Saul, and he by his crimes forfeited his propriety in it, and it reverted to
the Peoples, when they had the power to keep its possession, or again to
grant it.' All the States, however, but Judah, adhered to the house of
-was granted Saul for seven years and a half.  The People of Judah soon granted
to David.
their Right of Command to David; and seven years and a half after, all
the States granted to him their Sovereignty.
GOD teaches    The Almighty Sovereign, it will be admitted, ought to know somethat' Sovereignty may be thing about Sovereignty, however it may be with ignorant mortals such
granted.
as Aristotle; and He has too unmistakably pointed At the difference
between retaining and granting the Right of Command, to question the
It may be in- fact that the latter can be, and has been, done. And in some States is
herited.
the'Right of Command so effectually granted to and possessed by the
King, that he can grant it to others as he pleases, as David did to Solomon, and as was done by Charles V to his brother Ferdinand and his
It may be   son Philip.  In other States is the possession so complete, that the posunited by maruniage of mr- sessors by their marriage unite their States, as Aragon and Castile were
~rei~gns.  consolidated by the marriage of King Ferdinand with Queen Isabella,
creating a new State that became Spain, though the consolidation seems
to have been imperfect till their two crowns came to be inherited by
lf ranted con- their grandson Charles I. But it is worthy of note that, while the "pro.
ditionally,may priety in it" is actually, completely conveyed away, absolutely parted
be forfeited. 
with, and not barely " the use of it," yet, like any other right, this of
Sovereignty may be granted upon conditions, and the grantee disregarding
or violating the conditions of the grant, the right reverts to the grantors.




Introductory Compendc.
The  next year after  Milton  published  his answer to  Salmasius,  9dAm eritfae
Hobbes published his Leviat7ian  (1651), in  which  he  divides up the to befriendl
rights of' Sovereignty, very  much as Pufendorf does after him, as the HIOisBiie' division of the
right of judging of what shall be crime, of judging what is necessary for riiglt. of Sovthe peace and defence of his subjects, of judging what doctrines shall be
taught, the  right of making laws, the right of judging and deciding controversies, the right of making war and peace, the right of choosing
counsellors and ministers, the right of rewarding and punishing, the right
of establishing the honor and order of the subjects.  Following the pres- Leviathana.
entation of these rights, Hobbes remarks:                                             167-169.
These are the rights which make the essence of sovereignty; and which are the The location
of Sovereignmarks, whereby a man may discern in what man, or assembly of men, the sovereign ty.
power is placed and resideth. For these are incommunicable and inseparable. The
power to coin money; to dispose of the estates and persons of infant heirs; to have Pights maybe
preemption in markets; and all other statute prerogatives, may be transferred by transferred.
the sovereign; and yet the power to protect his subjects be retained.  But if he If one right I
vain, for want of execution of tb  gone, all thw
transfer the militia, he retains the judicature in vain, for want of execution  of  the rest of ia
laws: or if he grant away the powers of raising money; the militia is in vain; or if he effect.
give away the government of doctrines, men will be frighted into rebellion with the
fear of spirites. And so if we consider any one of the said rights, we shall presently
see, that the holding of all the rest will produce no effect, in the conservatism of peace A divim'i
and justice, the end for which all commonwealths are instituted.' And this division Strdomy 
is it, whereof it is said, a kingdom  divided in itself cannot stand: for unless this
division precede, division into opposite armies can never happen. If there had not first
The controbeen an opinion received of the greatest part of England, that these powers were Thersy then
divided between the King and the Lords and the House of Commons, the people had about the.lo_
never been divided and fallen into this civil war;' first between those that disagreed eignty.
in politics; and after between the dissenters about the liberty of religion; which The English
have so instructed men in this point of sovereign right, that there be few now in then right;
England that do not see that these rights are inseparable, and will be so generally Will not so
acknowledged at the next return of peace; and so continue, till these miseries are continue unforgotten; and no longer, except the vulgar be better taught than they have hitherto less better
been.'
And because they are essential and inseparable rights, it follows necessarily, that N  matte,
in whatsoever words any of them seem to be granted away, yet if the sovereign power about appear.
itself be not in direct terms renounced, and the name of sovereign no more given by ereiganty be rthe grantees to him that grants them, the grant is void: for when he has granted all tained.
he can, if we grant back the sovereignty, all is restored, as inseparably annexed
thereunto.4
This great authority being indivisible, and inseparably annexed to the sovereignty, Sovereignty
there is little ground for the opinion of them, that say of sovereign Kings, tho' they indivis4b!
be singulis majores, of greater power than every one of their subjects, yet they be
1 That is, "the holding of all the rest [of the rights] will produce no effect," if "any one of the Rights mat h*
said rights " be wanting in the Sovereign. They must all belong to the Sovereign to be used when delegated, yet
required, to effect " the end for which all Commonwealths are instituted." But it is no division belong to the
of Soverereigyty to divide the exercise of its powers; the soul is still one and indivisible operating Sovereign.
through different agencies, the feet, the.hand, the eye, &c.
2 Neither had we "been divided and.fallen into this [more terrible] civil war," but for the Our war 9_
absurd attemF' to divide up the Sovereignty of these States to subordinate agents, as the Federal the location of
Government, Co.:gress, the President, the State Governments, &c.
P lrecisely applicable to our case, are these observations made over two hundred years ago.   These States
4 This great writer fully confirms the -view herein advocated, as to a sovereign State recalling have priits grants or its delegations. Not the first syllable can be shown of any State having granted away served thei
its Sovereignty, and of necessity it retains it, and with it all the rights and powers "as inseparably Sovereignty.
annexed thereunto."




172               Our Fedceral Union: State Rights anzd  Tlrongs.
~ 19. Britain  utniversis minores, of less power than them all together. For if by all together, they
and America
to be friendly. mean not the collective body as one person, then all together, and every one, signify
A Iing must the same; and the speech is absurd.  But if by all together, they understand them as
have the   one person, which person the sovereign bears, then the power of all together, is the
whole power same with the sovereign's power; and so again the speech is absurd: which absuydity
they see well enough, when the sovereignty is in an assembly of the people; but in a
monarch they see it not; and yet the power of sovereignty is the same in whomsoever
it be placed.
Hobbes eiton-  The last paragraph appears to confute Milton's idea, that the people
lutes Milton.                                t,
never part with Sovereignty; and though Hobbes had some detestable.
Herein agrees sentiments, yet on this question of Sovereignty he is mainly coincident
with Hooker,
Grotius, &c. with Hooker, Grotius, Pufendorf, and Vattel; the chief difference being
that he considered the King could never forfeit his rights.  On this important point, one crediting the Bible, as Hobbes did not, finds an ample
precedent in the case of Saul.
Deceit of      In the age of Milton, the science of Government, the theories concernJames I, styling his king- ing it, had not become settled.  The Kings did not want the subject underdom a Co-om
monwealth-  stood; and hence James I, one of the most thorough asserters of prerogative, gulled his subjects by styling his domain a Commonwealth, just as
-as did Ro. e the Emperors of Rome continued to speak of the civitas or Commonwealth, after they had usurped the Right of Command, and changed the
Roman Republic into an Empire, a free State into a despotism.  The
son and grandsons imitated the. shrewd conceit of that great king; and
Locke, in his work on Government, says: "I crave leave to use the
tocalC follnows word  Commonwealth in that sense, in which I find it used by King
the example.
James the first; and I take it to be its genuine signification; which, if
anybody dislike, I consent with him  to change it for a better."  We
locke's Con- shall soon have, too, another specimen of Locke's wisdom  in practice as
mlitution for
lNorth Caro- well as theory, in the Constitution of Government formed by him  for
lina.
North Carolina.
Writeruson In-    Following the lead of Aristotle, Cicero, Polybius, Tacitus, Hooker,
Law.        Ridley, Grotius, Usher, and Hobbes, have Pufendorf, Cumberland, Filmer, Locke (correct in part), Sidney, Barbeyrac, Burlamaqui;  Montesquieu, Wolf, Rutherforth, Vattel, and others, aided to develop political
Genius of Vat- science, till in the latter we see its culmination.  Vattel was a wondertel.
ful genius, fully the equal of Montesquieu, and with a happier faculty of
bringing his thoughts within the comprehension of ordinary intellects.
He seems to have more thoroughly mastered his subject than his predeHe first styles cessors, for though agreeinig in the main concerning Sovereignty, he first
Sovereignty
Rigl tof' eomrn    appears to have styled it what all in effect regarded it, the Right of Com.
mand.      mand, le Droit de commander (quoted from  the original edition).  The
chief fault to be found with his immortal work is, that having so thoroughly mastered the science he ywas about to treat, the truths and their
His prelimi-  reasons appear to have been so self-evident to his apprehension, he did
naries are
axioms.    not deem it necessary to discuss and establish his Preliminaries.  With
only a small part of the knowledge of previous writers which he possessed, it will be found these Preliminaries are truly axioms, the results




Introductory  Compend.                                  173
of the profound reasonings of his predecessors, and an admirable epitome ~ 19. Britain
and America
of the fundamental truths in governmental science. Upon the solid basis to be friendly.
theyhad laid, is his " elegant " superstructure reared; his Law of Nations tis wvor   -
perior to all
being. the most perfect and thorough application of eternal principles to others.
the Government of these greatest moral persons, Sovereign States, that
has been written.  The previous works are more thorough in establishing
principles; his more complete in their application.
Since Vattel, with the exception of Martens, writers on Government Locke flas
seem to have followed Locke instead of the other school; at all events, instead of Vattel.
notwithstanding pretty diligent search, modern teachings of the school of
Vattel are very scarce.  Hence it is, that some effort has been made in The authority
the beginning of this Compend, to establish the authority of the writers of writers of
coincident with Vattel; and this interesting and important branch of the school to be
subject will be further prosecuted, till any reasonable man shall be made sented.
willing to admit, that if there be any such thing in existence as International Law, or if there be any likelihood of ever having such a science,
the writers of the Vattel.school are the founders.
And of all Peoples, nations, and languages, should Anglo-Saxons Anglo-Saxons
desire to have this subject investigated and decided. Barbeyrac styles
Hobbes "one of the most penetrating geniuses of his age," and his judgment is substantiated in the remarkable discovery  Hobbes made in 1651, robbes, 1651,
-that the whole confusion of that stormy period arose from the misplace- confusion
then as to
ment of Sovereignty, putting it into Parliament, instead of the King; Sovereignty.
and we shall prove, if we prove anything-and not by our reasoning,
but by the documents and these principles of International Law, if they
can be established as Law —that civil war was again caused in Britain Our Revoluby this same infernal heresy Hobbes had exploded, ending in Revolution same cause,
and our dismemberment from the British Kingdom, not Commonwealth;
and then, in Part IV, when this civil war comes to be considered, it will -as  this
civil war.
very likely appear, that the same bewildering, absurd, ridiculous-all the
adjectives in the language, and curses thrown in, are indecquate to express
the idea —these same teachings of Locke and of Blackstone, have caused
our differences and this most terrible of modern wars.
How many more civil wars, how many more dismemberments, are now long before Anglorequisite to make Anglo-Saxons, who pride themselves, and with great Saxons will
understand
propriety, in being the most intelligent, most Christian nations, most this subject of
Sovereignty?
regardful of International Law, and of our rights under it; how many Sovereignty 
times must these calamities be repeated, to cause us to study sufficiently
to obtain clear conceptions of, at least, one idea of the science, and that
the most fundamental-what and where is the Right of Command, Sovereignty?
We have long enough groped in the bewildering labyrinths of Locke Locke and
Blackstone
and Blackstone; have suffered enough evils from their poisonous heresies, have been followed too
to be willing to try some other field of exploration, to test the efficacy of long.
other medicaments, for bodies politic.  We see in the mother-land, in British and
Ameri -an suethese young Republics, the highest adornment of our landscapes; and cess,




~1Z4             OOur F'   dral UTniwn:  State Rigy ts and  Wrongs.
i 19. Britain  "the stateliness of houses the goodliness of trees, when we behold them,
and America                            
to be friendly. delighteth the eye." With hearts overflowing with thanksgiving to the
-for which be Infinite Author of all this  "stateliness," and "goodliness," who has
thankful.
Seek Divine  showered His mercies upon us, in spite of our ignorance and folly; let us
aid to find
H-ooker's    humbly seek His aid to enable us to search diligently for " that foundaiotmdartion.' tion which beareth up the one, that root which ministereth unto the other
nourishment and life." And when discovered, we shall find there, too,
the fountain of life and health; the use of which, though it will not
exempt these bodies politic from the ailments and sorrows incident to
this state of imperfection and of trial, will yet afford the best antidote,
the surest relief.
Authority of   It is proposed to prove, by competent authorities, that the school of
schoolto be esd Vattel has established a Code of International Law, and then bring totheir chief   gether in a plain, intelligible way, their chief teachings, which any schoolquoted.    boy can understand sufficiently, not completely; for, no doubt, truths are yet
to be developed, which even Aristotle, or Montesquieu, or Vattel, neither
apprehended nor comprehended. Having established the authority of these
Their prinei- founders, and quoted their leading principles, these principles must then
ples to be apEied to our  be applied to the documents and facts in English and British history
history and
the docu-    antecedent to our separation; and then to the documents and facts connents.
nected with our own independent State organizations, and the creation
Concord will of our State and Federal Governments.  The concord will be found
be found perfec.       remarkable and perfect; and even plain business-men, like myself, can
see there have been somewhere outrageous wrong and blundering, to cause
lucid subjects like these to become so dark and incomprehensible.
Wise men       Then, when our cousins, Lords Brougham  and Russell, Messrs. Disraeli, Mill, and others; and Doctors Lieber, Hopkins, and McGuffey, Professors Bledsoe andy Bowen, Messrs. Rives, Everett, Hunter, Benjamin,
Curtis, and others, set to work jointly and thoroughly to investigate
-and teach us the causes of Anglo-Saxon departure from these admirable theories,
governmental
science.    we shall understand this science of Government as never before; and
both branches of this Anglo-Saxon family are to have a confidence and
pride in each other, hitherto  unknown.  In  new  and  more striking
light will be exhibited, how admirably these antipodal forms of Government have been arranged to fulfil Biblical instructions, both in letter and
spirit, as for instance those through St. Peter, who says:
Perfect subjec-   Submit yourselves to every ordinance of man for the Lord's sake: whether it be
tion incultcalted.n  to the king, as supreme; or unto governors, as unto them that are sent by him for
the punishment of evil doers, and for the praise of them that do well.'For so is the
1 Peter ii, 13- will of God, that with well doing ye may put to silence the ignorance of foolish men:
15.        As free, and not using your liberty for a cloak of maliciousness, but as the servants of
God. Honour all men. Love the brotherhood. Fear God. Honour the king.
Object of Gov-  W   l                                                                it
Obecrnment ofeGo-    While Government is truly " for the praise of them that do well," it
ernment chiefly to punish. is mainly established " for the punishment of evil-doers;" and whether
the submission be "to the king as supreme, or unto governors that are
sent by him," as is the case in Britain, "or unto governors that are sent




Introductory  Comvend.                                         175
by" the supreme power in free States, as with us, the submission must ~ 19. Britain
be absolute; not so absolute as to justify the authority in being unjust to be friendly,
and tyrannical, for that is beyond the -Sovereignty of Deity, yet neverthe- Sovereignty
less absolute, even though the Right of Command be in the possession of lute,
Neo                                                                            — yet not jusa Nero, as it was when Peter wrote.  And these great men will show us tiffy wrlontg.
how our English ancestors contrived, notwithstanding this Right of Comrn- IOow E            ngln
controls the
mand must'exist in every State unaccountable, uncontrollable by any exercise of her
human authority, to limit, chain down its exercise, the means of which
are well elucidated* by Pufendorf, so as to protect the subjects from injustice and oppression more perfectly than was ever before done under a
Monarchy.
Then these wise and good men will show  how these Anglo-Saxon IHowthese
States control
Colonies in America, being obliged to take Democracy, the antipodal the exercise of
their Soverform  of Government to that we had in the State of Great Britain, con- eiguty.
trived to limit, to chain down the exercise of our Rights of Command.
Calhoun will have taught us the difficulties of doing this, and that Sovereignty, the Right of Command, being even more arbitrary and despotic Democracy
despotic.
in a Democracy than under any arrangement of Monarchy, the control of
its exercise, while less easy, is the more essential; and then we shall
learn how well this was effected, by grafting the Republican principle on
"that root" of Democracy. They will show, too, how in a single Re- Sovereignty
public like that of Rome (the importance of which example justifies us mae in a single
in again referring to it), a genius like Julius Caesar will be able, with Republic.
favoring circumstances, to usurp the Right of Command, which, though it
returned to the People, and was for a while exercised by a triumvirate,
&c., was again usurped by his nephew  Octavius, after which the Roman
Commonwealth had no existence, being transformed into an Empire.
They will show  how  a wise Providence brought good out of the Providential
division of the
jealousies and animosities that existed between these Colonies, and pre- Colonies.
vented their consolidation into a single State, causing their division into
thirteen States, now increased to thirty-four. Then the war of the Revo- War caused
lution' compelled these States to unite and create a Federal Agency, to Union.
which they could jointly delegate a part of the exercise of Sovereignty
belonging to each State. The first attempt was a failure; and finding First a failure,
that it was bestoto delegate the exercise of important powers, as the control of commerce and of taxation in part, and having learned by practice Improvements in the
in the Colonial and State Governments the wisdom of dividing up the second Union.
exercise of authority to  separate and independent agencies, which, we
shall find, John Adams best explained; instead of the single Federal
As we review our history, we can see distinctly the hand of Providence in using war as the Providence by
means of bringing together those hostile Colonies. He had allowed the natural traits of nman to war united the
operate and cause alienation and even enmity, in order to prevent our consolidation into a single Colonies,
State; and then He employs war to force us, against our inclinations, into a proper Union, which,
though imperfect at first, not only became "more perfect," but the most perfect Federal Union,
ever formed.
And it will not be another century, before the historic Christian statesman will point to this -by this war
war as having been the means employed by that. same GoD of our fathers, to bring us their chbil- brings us back
dren back to the knowledge and practice of the true principles of I ederal Union.. Oh, how should to Federalism.
these Peoples love, and serve, and trust their GOD! 




176               Our Foederal'Union: State,Rights and  Wrongs.
~ 19. Britain body, we organized a Senate and House of Representatives for the Legisand America 
to be friendly. lative Department, and created Judicial and Executive Departments.'
Each one of these States having, in like manner, divided up, in its individ-the most  ual Government, the exercise of its Sovereignty upon all subjects except
perfect checks
in Govern-  those delegated to the Federal Agency, we have secured in these Democment yet discovered.    racies, that are naturally most terrible despotisms, the most perfect system
of checks upon the wrong exercise of authority, of which we have any
Usurpation  recorded example.  No Caesar can ever usurp the Sovereignty of all; fbr
impossible.
he will have these thirty-four organized Governments (or so many as
there may be in the new. Union) to resist him.  No one State, nor a few
States, can be subverted; for our Constitutions, Federal and Confederate,
guaranty protection against any form of Government other than Republican, and so will the new Constitution. The Federal Agency has, in this
respect, the right of coercion, which will be exercised whenever necessary.
These Democ- And, whereas Democracies have' been proverbially turbulent and disorracies free of
tumult.    derly, so that wise and good men like Jefferson and Legare have considered tumult and sedition inseparable concomitants, we have had little of
them, much less than was to be expected in the first beginnings to establish free Government, and especially when we consider the adverse and
erroneous teachings of liberty and equality, with which the world was
flooded when these States began their independent existence. And we
shall have less and less.
inatoerrrwionl    Nor is there any vain conceit, as before intimated, to interfere in the
be candid.   slightest measure with a candid and thorough examination into thenature
of past teachings, whatever-errors and misconceptions may be discovered.
The occasion allows an exhibition of true Anglo-Saxon sense, magnanimity, nobility of soul, that every writer who has been named, and many
others, will rejoice they have lived to see. If the misconceptions and
No hesitancy  contradictions herein imagined have no existence, they can show it.  If
to correct mistakes.     they exist, and shall have impregnated any of the productions of these
wise men, they will not hesitate to perform their duty, though to remove
the evils should destroy their choicest, most cherished works. They will
rejoice in any sacrifice, however great, that inures to the benefit and
glory of all these Anglo-Saxon Peoples; to the advantage and permanent
Imwho haeppmaterialns   good of the entire world.  And the casual circumstance that an inexpeto tfrst suggest rienced person happens to suggest something of the line of investigation,
the errors.
will not deter from its pursuit, if those capable of judging find the subject
worthy of attention. No unusual circumstance is it that an inferior intellect, coming freshly to examine a subject, not schooled to a particular set
of views, should discover some mistakes even in great men; and while a
fool can tear down and destroy, it takes wise. men to build up.  So that,
while the writer has considerable confidence that his compilation of documents and facts will supply to the masses the information every AmerA hope that    1 These ideas, it is true, have been presented as probable consequences of this examination
this compila- itself, and we hope to make good the expectation; but if not, these wise men will have better suction will be
serviceable.  cess. These important excellences of Federalism cannot be too often presented to the consideration of American Citizens.




Introductory  Compend.                                    177
ican Citizen needs, and that the truths from the school of Vattel will over- ~ 19. Britain
and America
throw'those of the Locke school, yet is'there to be a great work done to to be friendly.
set Anglo-Saxons right in Britain and in America, in the knowledge and
in the practice of their Governments. This can only their wise and pious
intellects achieve.
The People of Britain, the Peoples of these States, will with impa- Impatiencefor
the views of
tience wait for the unfolding anew of the principles of Government, or wise men.
rather their new application to our practice.  Let us speedily have the
knowledge; and respect *s,1d confidence, esteem and affection, will be
rapidly and powerfully engendered between these closely allied Anglo- Anglo-Saxons
Saxons, these Christian Peoples. Not that we shall resort to any en- strong friends,
tangling alliances, or seek to give each other undue advantages over other -yet not ennations.  We wish strictly to observe equality and neutrality between tangled.
nations, living up closely to the rules of International Law.  That willp
result, not only in the best good and happiness of each, but of all the
families of man, not only of our own Caucasian race, but of all inferior
races, whether Indian, Mongolian, Malayan, or even Negro; and henceforth till time shall be no longer.
~ 20. —FRIENDLY AID FROM OTHER EUROPEAN STATES.
To our ancient ally, la belle France, may we also appeal with con- France will:
fidence that we shall have her kind aid to straighten out our entangle lend aid.
ments.  Her Montesquieu is an oracle; and the wisdom of her Necker,
Lacroix, and De Tocqueville, already noticed, will be made profitable in this value otf for,
rer teachings.
examination, and much more so when handled by our wise men.  Several
other important works by their deceased authors, will also be carefully
studied in order to select such parts of their wisdom  as will be appropriate to the sequel of this compilation.  French intellect has worked
upon the science of Government with great effect, -and to the good of the:world, notwithstanding the calamitous perversion of the principles of
liberty witnessed in the last century.
Nor is the wisdom of France all in the grave.  The good, the excel- LI'dngwril',
lent Guizot is yet spared, and had we none other of his many and excellent
works than his HEstory of Representative Government, the loss would have;been severe, though unknown, had he never lived.  But it is to be hoped
that in joining in:the search for our lost Sovereignty, he will find that in.
Vattel's Right of Command is a true and solid foundation for the temple
of Representation he has so handsomely erected.  Then they' have Other eminent
authorities.
MM. Hautefeuille, Laboulaye and others, abundantly competent to examine the science of Government to its very foundation; and the writer,
has constantly feared that some of them  would publish their views,:properly developing the nature, of our Government and Union, before
we should have started the investigation.'
1 Neither of M. Gasparin's works, the Uprising of a great People, or America before Europe, Gasparin's' 
new works net
is at all satisfactory. The first thing'for him to have: done in: rendering the aid he desired, with what is wantgreat goodness of heart, was to search after our lost Sover.eignty, which he, with some of our own ed.
-authors, imagined -had gotten into the United States.
12




178               Our Fderalcd UUnion:  State Rights and  WMvongs.
~.20. Friendly    French authors will have much satisfaction in again examining these
aid from other
European: interesting topics, and finding precisely how and why it was France failed
States.
France will  as a Republic-; why and how it is we have had such good promise of
learn how she succesS; and alarmed at the danger to liberty of having this experiment
failed as a single Republic, prove a failure, will they aid us in examining the causes of our difficulties
-how to.save and in rescuing us from peril.: The wisdom of Montesquieu will be more
herself: from,.tyranny, by. radiant than ever, and they will make the subject so well understood by
means of Federalism.   Frenchmen, that whenever again their People shall be cursed with a
tyra'nt's sway, they will cast him  off, take their Sovereignty, Right of
Command, into their own keeping, subdivide France into its ancient
provinces, and make each one a State, and unite them  in a Federal
Republic.
France spe —:-axThe French, it appears to me, should take particular interest in studydially interest-.
ed in Interna-inug, and aiding still more perfectly to establish, International Law.  It is
the privilege of. every State. to choose its own form  of Government, to
klJep -in its People, or grant to whom it pleases, the Right of Command;
Hler right to and:-if -granted, to fix the terms of its descent or transfer.  Whether
egranty Sover  right or wrong to displace the Bourbons, and by gradual steps transfer
whom she
pleases.    the Sovereignty to Napoleon, is nobody's business outside of France.
Napoleon the When he became Emperor, he was the peer of Sovereigns, whether of
peer of Sovereigns. -. -:: the:,huse of Hapsburg or of Hanover; and if, as has been said, a matriThe nation':in- moniali alliance with a princess was refused because he was not of royal
suited in the
refusal of his lineag~', it was an insult that gallant nation should have washed out with
alliance by
marriage.,'  blood.  The French want the rights of States, of their Emperor, of their
young- prince, better understood; and a fresh overhauling of cardinal
principles of the Law of Nations, will bring the knowledge.
F::  rance is now blessed with an excellent Government.  On the throne,
France has a -or on the war-horse, in the council-chamber or battle-field, Napoleon has
good Government.      proved himself master of his situation.  He will reign over that People to
their great benefit and happiness to the day of his death, unless he change
Napoleon    immensely for the worse.  He loves France with his whole heart, and
loves France, will do anything to promote her prosperity and glory. He hopes his son.will:fill and worthily, the father's throne. But does he know it? Has
-wants her  his boy a guaranty of life?  Is his future character known, and whether
well ruledhis birth will prove to the weal or woe of France? If premature death
-yetsheislia-.. remove_.him- and other heirs, what is to be the fate of that careless and
bleto tyranny joyous:- People?  With even good Monarchs for generations, the time
may come when insupportable tyranny may rule, and there shall be no
Wpatriot with power and influence to lead the People to safety.
Napoleon may: Napoleon has an intellect to:grasp these subjects; a heart to do for
be studying'
Federalism,  his country what: duty and prudence would dictate.  Already he may
have considered and formed his plans; and if the wise patriots of France
enlighten the People on this important question of Federal Republican-may divide
France into its sm, they may preare the way for Napoleon to accomplish his great and
ancientprov-'
incesannnite benevolent:purposes.  To divide France into its ancient provinces and
them                      in a Federal Republic, would estaberal lepublic. make of them States, and unite them in a Federal Republic, would estab



Introductory  Compencl
lish her on a sure and solid foundation; and Napoleon,; a second Wash- ~ 20. Friendly.inaton, would be elected President and reelected, till the Government had European
become well ordered and sure.  And when the petty States adjoining          -
could find excuses and means to rid themselves of their expensive Govern- Small German
States might
ments, and become free States, they would almost surely join the Frenchl join.
Republic, and no Bourbon would ever again ascend the throne of France,
for there would be no throne. Thus, in a legitimate, philanthropic, honor- A just way to
punish his
able manner, would he repay the jealous' Monarchs about him for their enemies.
affront to him as Emperor. - It is an object to achieve, worthy of his great
name.  Eclipsing the dazzling brightness of his uncle, Napoleon III would Makehimselfa.ater pPatriam
become another pater patrice; and, -alongside of our Washington, would
his name be forever emblazoned on the: scroll of fame.
~Whether such a change should now be deemed practicable and expe- If this be not
done, still
dient by the Emperor or not, is immaterial as to the necessity of studying study Feder-:thoroughly into Federalism.  Nothing will be more effectual to control aism,
Monarchs, and prevent them from  attempting arbitrary sway, than to -to prevent
have the People well informed in the science of Government. Then, iftyranny.
tyranny is attempted, the People, knowing that the Monarch has forfeited
their allegiance, will take the Right of Command into their own keeping;
and whenever France is compelled to do.this, she must be divided into
small States and -united-in a Federal Republic.
More than any other Monarchy of Europe, does she give promise of France most
likely to behaving that system; and though, as States, it would not be for our inter- come a Federal Republic.
est, yet as individual men would we rejoice to see liberty well egtablished in the powerful Federal Republic of France.  No other important Britain does
State but Britain would be suited to the Republican form at present, and change.
she does not want it.  Her Government is too good to tamper with. any
experiments, however promising; and could France, and all Europe, HerGovernwork gradually into her system of checks and balances, it would probably for Europe.
be best for them and for the world. Unless they do, the several States
will constantly be liable to misrule and revolution. No continental State
would be as likely again to try Democracy, as France.  Under a good Federalismd
leader, with favoring circumstances, she might succeed, if attempted under in France.
the Republican; Federal Republican, form; not otherwise.
We may reasonably expect the aid of learned statesmen in Belgium, thatGerillan
Holland, and all the German States, whose interest it is to have this in the examination.
Federal Union maintained in all its plenitude and strength, in order to
have an independent power in the earth, far removed from them, and Their interest
without danger of being involved in their dissensions and strifes, able to being preserved.
protect its every right under the Law of Nations, to which the States,
especially the weaker ones, could look for legitimate supplies in the event
of war and of necessity, and whose flag would be a protection to commerce, which, without it, must be interrupted or suspended. Spain desires Spain interested.
we should thoroughly understand International Law and practise it; lest
through some inadvertence, we should start filibustering expeditions after
Cuba.. Her statesmen had best be aiding us to discover where our Riqht




Our Foedyera  U7nion: State Rights and  Wrongs.
~-20. Frientdle   of Command abides, that we may properly control and punish our refracE uropean    tory subjects who should dare to infringe upon the rights of the Sovereignty
-— * —' —~   of Spain.  Every State in Europe has a direct interest with us in devel-:Every Eluro- oping more perfectly this important science of the Law  of Nations.  Not
pean State,
even  our staunch, fast friend, the Russian Bear, is an exception.  The
-Russia,even. Czar, and all his faithful subjects, never desire to see this power in the
earth shorn of its strength, by division into rival Confederacies.
These States     The examination of our wise men, and the bold, high stand these free
to have dignity among   Peoples will surelytake upon the solid foundation of International Law,
the nations.
will, in large measure, relieve us of European jealousy, and dread of our
We do not   example, and of direct interference in their concerns.  According to the
teach right of
Revolution,  Laws of Nature and of Nature's GOD, no People has a right to change
except in extreme cases.  its Government, so long as it is well administered.  Both Kings and Nobles
have become possessed of legitimate rights, of which no People may dispossess them, until by misrule, unjust and illegal oppression, their vested
States have no rights shall have been forfeited.  And other States, near or remote, have
right to interfere with each no right in any shape or manner to interfere.  Every People is to be its
other.
own independent judge of its every right and wrong;  and while we
believe in  the  everlasting truths of our Declaration of Independence,
Teachings of " that, whenever any form  of government becomes destructive of [its]
our Declara.
tDioa.,      ends, it is the right of the -people to alter or to abolish it, and to institute
a new government, laying its foundation on such principles, and organizing its powers in such form, as to them  shall seem  most likely to effect
We shall not their safety and happiness;" and while we would sympathize deeply with
Interfere in
Europe.      any oppressed People in their resistance of tyranny, the Law  of Nations
we. must live up to, and that allows of no interference directly or indirectly, where we are not personally concerned.'
Whvat sort of    As we have taught in that grand Declaration, which is replete with
Revolution
we deem     true principles of International Law, "Prudence, indeed, will dictate that
right
Governments long established, should not be changed for light and trantios of elde- sient causes:; and, accordingly, all experience hath shown, that mankind
Vpenadcnce.    are more'disposed to suffer, while evils are sufferable, than-to right themselves by abolishing the forms to which they are accustomed.  But when
a long train of abuses and  usurpations, pursuing  invariably the'same
object, evinces a design to reduce them  under absolute despotism, it is
their right, it is their duty, to throw  off such Government, and to provide
Th~e Poles:    1 The Polish question is a case directly in point. The partition of Poland, whether right or
parttion ac-  wrong, is a fait accompli, and is to be so regarded by all nations, equally as the conquest of
cormplished,  England by the Normans. The Czar, the Emperor of Austria, the King of Prussia, may grind
a-must be   their poor subjects into the very dust, if they please, and it is none of our concern. We have
*abiedby.   naught to do with the affairs of other States, near or remote, except as they affect ourselves.
Wetwrfll. not  States know no sentiment except to care for themselves; and if the Poles, or Irish, or French do
Oppressed
Oppressed    not like their Governments, and cannot effect a change, they must bear their oppressions or
subjects may  remove into another State. This land of liberty is open to them. Our sentiments as Peoples upon
come here.  this subject, Mr. Seward has no doubt well expressed in his despatch to the Russian Minister in
May last, and which was so satisfactory to our friend the Czar. But when it comes to the conquest
But we will  of a North American State by one of the States of Europe, we have a right to interfere for our own
eforcoctMnen-  protection, and we will interfere when necessary, whether against France or any other power.
against      She may compel from Mexico her rights, the payment of her just dues; no more. The Monroe
Europe.      doctrine will be maintained, if we have power sufficient.




Inmoduiwtary'ompend.                                    181
new  guards for their future security."   Look  at the long catalogue ~ 20. FirO   dly
b aid from,other
of abuses that these Colonies for many years patiently endured; consider urtopean
that it took fourteen months of cruel, unrelenting war, on the part of our -    Hi
King, in his endeavors to change completely our form  of Government, See our enduand to subject us to an authority most of us had never acknowledged, that risked Revoof Parliament; and little will be found in our example to justify Revolutions, except in extreme cases.
Nor are we to intermeddle in any way with the affairs of Europe. Efforts,to enOne of the most dangerous attempts to drag us into foreign interference, tanurpe,with
was that of France, so well portrayed by Mr. Gibbs in his fistory of
Washington's and Adams' Administrations, though it was not to bring -in W7ashington's and
about interference with a Sta;te in managing its own concerns, but to Adams'.iines.
involve us in war with Britain.  A more disgraceful, infamous effort was
that of Kossuth in behalf of Hungary.  Never will another such base The!Msuth
attempt be tolerated in this land of liberty, not licentiousness; in this land attempt
of double nationality, doubly resting on the eternal principle, of the Law
of Nations.  The cause of freedom, of sound Constitutional Government we must eive
throughout the world, is to be most effectually promoted, by these States'tioal Law.
united, setting a bright example of strict adherence to the letter and to
the spirit of the International Code. Let us know that Law; 1 and let our Wve muist nd
Federal Governments, and especially the new  one to be instituted, to our Federal
which as to the present ones, all authority in the premises will be prop. force it.
erly intrusted, attend to its rigid enforcement.  Such is the will of these
Sovereignties; let no recreant, perfidious subject, whether of high or low
degree, interfere with the behest of his Sovereign State.
These Nations united, depend so entirely on correct knowledge, com- These States
should be:pat.
plete observance of the Law of Nations, that we should be patterns to ternsld in its
the world in our judgment and practice of its edicts. The decisions, in practice.
our Supreme Court, of questions arising under it, should and will, with onr Suyreme
reunion, have a weight of authority unsurpassed by any in Christendom.
We can and should have this Court so established, so far removed fromn-shouldbein
dependent.
extraneous influences, political or otherwise, as not only to possess the
unbounded confidence of these Peoples and their individual Citizens, but
of all. nations; and removed, as are we, from the rest of the world, more
disinterested than it is possible for other States to be, we might expect in Its dignity
time, that our Supreme Court would become the tribunal to which all
great questions, arising between other nations under the International -umpnPe oof
Code, would be submitted for arbitrament.  Let us, Citizens, be considering, studying into these great subjects, so that when the time comes for a
Convention of all these States to frame a new  Federal Compact, the
members will be prepared to give an expression of our real sentiments Let us obtain
the high reupon.the Laws of Nature and of Nature's GOD, correcting the errors spect o'f other
nations.
which party and misconceptions have led our orators and writers to
1 Let us only know the Law of Nations, and we shall see no more such blunders, as in the Gov. Seward
McLeod affair, when-Gov. Seward was such a courageous, but erroneous asserter of State rights, in the M&aLeod
Interfering in a matter wholly committed by his Sovereignty, to the Federal Agency.  affair.




182               Our Fwederal Unizon: State Rigts and  Wrongs.
~20. Friendly express, and thereby to secure toourselves tohe respect and re gard of the
aidfrom other                                            repc
tatpeans.  law-abiding of other nations, to which much of our past teachings and
conduct have not entitled us.
APeoplemust   To examine the application of principles to the practice of nations, and'be. prepared
for freedom. the progress of States, in the science of Government, will develop yet
another important point, that a People must first become qualified for
Our narrow  liberty, before it can successfully administer a free Government.  With
escape from
ruin,      all the knowledge Anglo-Saxons possessed, with the unequalled advantages afforded by a century and more of Colonial training, we barely
escaped shipwreck; and that we did, was not owing to our own wisdom,
but to Providential care and favoring circumstances; and that wreck may
Rousseau's  yet be witnessed.  The views of Rousseau, a Citizen of one of the Swiss
views.,See p.
154.       Republics, on this important topic accord with Aristotle, and are no
doubt correct.
Cha ngesd in:  For any European State to change its form of Government, surroundEurope difficult,      ed on all sides by Monarchies, would be quite difficult; and the difficulty
-increased   will appear the greater, a's Federalism comes to be regarded as an indisbecause FedraPlism is in- pensable concomitant.  It was probably not without due consideration,
that Infinite Wisdom applied the Federal principle to the first free Governments of antiquity; it was not without wisdom  that the sages of
Greece united their States by Confederating; Switzerland has shown for
four centuries, what can be done by Federalism, in even the imperfect
freedom  of Aristocratic States; and the Netherlands for two centuries
afforded another bright example in favor of Federalism; and the more
the subject is investigated, the more hearty will be the approval of Montesquieu's wisdom, in judging' that free States must be of moderate extent,
Democracy in and are to provide- for their safety by Federal Union.  So that not till a
Europe improbable with- number of small States shall be able beforehand to agree to form a Conout Federalism       federacy, or not till some large State can be divided into small States for
the purpose, will a successful effort be made in Europe to establish Democracy in any form.
A Nobility in-   Nor can an hereditary Nobility exist in a proper Commonwealth, or
compatible
with a free  free State.  The Roman Republic was, for this reason, imperfect; though
State,
the very imperfection, the Patrician and Plebeian division, was, no doubt,
an advantage to that immense consolidated State, creating necessary
checks that for a long period preserved it from usurpation and tyranny.
-in which all But in a true civitas or CommonWealth, all the privileges and honors
honors must
berfee.    must be open to the competition of esvery one who is admitted to the dignity of Citizenship. To merely destroy the Monarchy, and to leave the
Nobility in power, even'with Representatives of the People, as in the
Long Parliament, would be merely changing from a Monarchy to an Aris.
tocracy; the worst possible form of Government, because responsibility is
so much divided.
Aristocracy as   Not only, then, has the Monarchy to be overthrown, but the Ariswell as Monarchy, then, to tocracy also; and the attempt in almost any European State would more
be ov      likely result in greaterthan in an increase of libown
ina free State. likely result in greater tyranny, than in an increase of liberty.  As




Introductory  Conmpend.                                 183
European states approximate to British liberty, will they improve; -and 6i20.rOFrieondl
if Continental Monarchs and Nobility are faithful to their trusts, it is prob- suropean
ably the highest advance that will be made for centuries. 0And not till 
our experiment shall have been much longer tested, are we able to decide,
whether Anglo-Saxons in- the mother-land have not made the highest
attainments in the science of Government, of which our Caucasian race is
susceptible.
Nor is the important point to be overlooked, that every State- of General hate
Europe, except the Swiss Cantons, has a deep and abiding hostility to the of Democracy.
successful establishment of Democracy, of the Federal or any other f:n.
Those States have a right, according to the:Law of Nations, to proWde States may
for their safety; and the same principle which will justify us in enforcing their safety.
the Monroe doctrine, and keeping North America clear of Monarchy, will
justify them  in keeping Democracy out of Europe.  And the immense They may exclude Democadvantage, before alluded to, that Monarchies have over free States, in the racy, as we
intrigues and corruption of diplomacy, will be of itself nearly all-sufficient mrcyMonto prevent a permanent success in a Democratic experiment.
~ 2-1.-ULTIMATE RELIANCE, HOWEVER, MUST BE'ON OURSELYVES
No doubt we shall have considerable and influential aid in studying Though we
may have aid,
and determining questions of International Law, a knowledge of which is the work of
examination
necessary to peace, indispensable to reunion.  But, after all, we have to be done by
ourselves.
mostly to do the work for ourselves. Our own judgments are to be convinced as to our rights and wrongs as individual Citizens, as- Sovereign Mslstknowthe
Laws of NaStates; so thoroughly convinced as to control every feeling, and make us tions.
willing, in the North and in the South, to submit to whatever the "Laws
of Nature and of Nature's GOD" require.  Those " Laws" were on full Laws unchanged since
record before that noble band of patriots in Independence, Hall in Phila- 76. 
delphia, in 1776, affirmed their title to them; by those same "Laws."
our rights and wrongs are to be adjudged.  No ex post facto legislation is E1 post factt
sought, or would be tolerated. We only need to study and to know ed..what those " Laws' require of us, and as honest, legitimate sons of
noble sires, will our duties be performed at all hazards, at any sacrifice.
As already observed, the great men of the South are, no doubt, thor —The North
may still be led
oughly investigating this all-important subject; and if we in the North by:'he South.
are not wiser in future than in the past, do not show less greed for the
almighty dollar, and more for sound political knowledge, theSouth will
continue, as hitherto -to have the advantage of us in the science and practice of Government.
Fortunately, there are a few in the North who give themselves to The North has
some Aristoscientific pursuits.  High-minded, noble patriots, genuine Aristocrats,-crats.
they live and labor for their country.  First and foremost among them is
Hon. Edward Everett.  He, of course, is giving his strong powers, culti- Mr. Everett.
vated intellect, large experience, matured judgment, to a reinvestigation He is studying
for a work on
of Governmental principles, to ascertain the causes of our difficulties, and the LawofNato apply the remedies. As might be expected, this eminent statesman is tions.




.184               Our FaderaZ  Union: Se > Aight andF Wrongs.
21. Ultimate engaged in preparing a new work on International. Law; and the writer
reliance on
ourselves.   is not a whit astonished, that the papers inform us, that " Edward Eve.
Its publication rett's new work on' The Law of Nation'is not likely to be published
delayed.
for some time. The research and labor involved in it will occupy a much
longer period than was originally contemplated."
And wvhy?      No doubt of it.  Mr. Everett has received for truth the common idea
Hfaving followed erroneous that we had somehow or other conjured up a nondescript, mongrel sort of
ideas about
our Govern-  Government, to which the antiquated principles of Governmental science
could never apply. The writer has had occasion to examine, with some
care, the eloquent Oration delivered by Mr. Everett, on the 4th July,
— findashis    1861, various parts of which will be quoted and examined in the progress
teachings do
not accord.  of this compilation; and it is not surprising, if, when the author's strong
of Nations.  powers were applied to the Law of Nations, he should have discovered
some little discrepancy between it and his own teachings.  This, too, has
Isstudyingthe
constitution  possibly caused him to think a little harder on the Constitution of Massa.
of Massachu.
sertts.a. Ih. chusetts, in which the 4th Article of the Bill of Rights declares:
-which de.-    The People of this Commonwealth have the sole and exclusive right of governing
dlares herself
a "fiee, sover- themselves, as a free, sovereign and independent State: and do, and forever hereafter
iegndand Judet  shall, exercise and enjoy every power, jurisdiction and right, which is not, or may not
State."     hereafter be by them expressly delegated to the United States of America;in Congress
assembled.
theompact ofple And further, the following compact is introduced at the head  of
the People,
forming the  Part II:
COMMlONWEALTH OF      The People inhabiting the territory formerly called the Province of Massachusetts
sASETT.OHU  Bay, do hereby solemnly and mutually agree with each other to form themselves into
a free, sovereign and independent body politic or State, by the name of —TE ConMONWEALTH OF MASSACHUSETTS.
Adams took      Now these ideas must have been taken by John Adams, who drew
these ideas
from Pufen.  the Constitution, right straight from  Pufendorf, as we shall see; and
dorf.
Theophilus Parsons, and the other learned men, who aided to frame that
Constitution, knew perfectly well, that the "Laws of Nature and of NaThe People  ture's GoD" fully authorized that People to become a SOVEREIGN, FREE,
were right.
AND INDEPENDENT COMMONWEALTH; and, as a protection against the
To protect   base recusancy of any traitorous subject, who might dare to deny the
against traitors,       august truth of that being a Sovereign State, they required every official
to take that long and tremendous oath which begins:
— required a   I, A. B., do truly and sincerely acknowledge, profess, testify, and declare, that the
strong oath.  Commonwealth of Massachusetts is, and of right ought to be, a free, sovereign and
independent State; and I do swear that I will bear true faith and allegiance to the
said Commonwealth, and that I will defend the same against traitorous conspiracies,
and all hostile attempts whatsoever, &c., &c.
Did Mr. Eve-    Did Mr. Everett ever take that oath?  The answer depends upon
rett ever take
it?         whether he held an office prior to 1821, when, in altering the Constitu.
tion, the oath was exchanged for a shorter one, of similar import:
Another form    I, A. B., do solemnly swear, that I will bear true faith and allegiance to the Comn
of oath,    monwealth of Massachusetts, and will support the Constitution thereof. So help mo
GOD.




Introductory  Compend.                                     185
The last oath he has taken repeatedly, as he has been called to fill all ~2il. jltimato
sorts of offices, even to the very highest, that of Governor; and yet so ourselves.
far does the Aristocracy of his nature, the dignity of his character, out- This Mr. Eve-y~~~~~~ X:~~~~ -rett has taken
rank any official honor, that he is seldom styled Governor, but the more repeatedly.
Mr. Everett's
eminent title of MISTER EVERETT is his proud cognomen.  Fortunately dignity not
for that great State, grand and noble still, notwithstanding her sinking onieed b.
into the foul cesspool of Abolitionism; fortunately for Massachusetts, she
has repeatedly availed herself of the aristocratic services of her distinguished son and subject, and every time he has taken office, has he solemnly sworn to "bear true faith and allegiance to the Commonwealth of
3Ifassachusetts."
No limit is to be found anywhere, to the Sovereignty of Massachu- Nolimittotho
Sovereignty of
setts, any more than to that of Russia or of Britain, yet in that 4th of Massachu-'7                                                                 6etts.
July oration Mr. Everett remarks:
Certainly thle States are clothed with Sovereignty for local purposes; but it is Mr. EVERETT
denies posidoubtful whether they ever possessed it in any other sense; and if they had, it is tively tllhat
certain that they ceded it to the General Government, in adopting the Constitution.   MaSsse tts
is Sovereign.
Address, p. 11.
Space cannot here be taken to prove whether the People of Massa- These points
will be attend-'chusetts best understood their Right of Command, or Mr. Everett; but edtohereanfter.
enjoying the proud distinction of being a son of the old Bay State, it shall
be my pleasant task, if life and health are spared, to vindicate the honor
of my mother against an assault from any one, however distinguished and
honorable. GoD SAVE THE COMMONWEALTH OF MASSACHUSETTS.
Beyond peradventure, Mr. Everett's examination has led him to dis- Mr. Everett
has discovered
cover more or less the discrepancy between our prevalent theories and his errors, and
coincides with
those of the old authorities, and his matured wisdom leads him to coincide KNENT.
with Kent, that " In cases where the principal jurists agree, the presump- See p. 32.
tion'will be very great in favor of the solidity of their maxims; and no
civilized nation, that does not arrogantly set all ordinary law and justice
at defiance, will venture to disregard the uniform sense of the established
writers on International Law."
Then, too, he is a true-hearted son of our honored and honorable old He is a true
son of the old
Commonwealth, and lie is trying to discover whether, after all, the Bay State.
fathers were not right in practice, notwithstanding a little confusion in
theory, and both of our systems of Government, State and Federal, in strict
accordance with "the uniform  sense of the established writers on International Law." No confusion of right and duty is made in the oaths of
the respective Constitutions. That of the State properly requires the
official to " bear true faith and allegiance to the Commonwealth of Massa- No conflict in
his State and
chusetts, and support the Constitution thereof;" that of the Federal rederal oaths
Agency, merely declares that an official i" shall be bound by Oath or
Affirmation, to support this Constitution."  If the subject "bear true Concord betweenourConfaith and allegiance " to his Commonwealth, he must obey the Federal stittions and
the Law of NaGovernment his Sovereignty has placed over him, in all measures which tions, perfect.
that Agency adopts pursuant to its Constitution. And so, on every




186               Our Fcederal Union:  State Rights and  Wrvongs.
~21. Ultimate single point all the way through, will there be found the most perfect
reliance on
ourselves    harmony between all our documents and most of our practice and the
principles of International Law, notwithstanding our confision of theories.
Mr.wi find ourett  Mr. Everett has probably discovered, ere this, that our errors and diferrors to be  ficulties have resulted more from mistakes in theory than in:practice; and
timeory,  no one will, with more hearty satisfaction, join to correct these theoretic
-will correct errors, no  one will more cheerfully, magnanimously  acknowledge his
his share.
share in them, than will Hon. Edward Everett.
tory of tis    We have other able, teachers, excellent Aristocrats who have not to
Constitution, correct so much what they have taught, as to connect their instructions
with principles of International Law.  Mr. Curtis' valuable Hiistory of
-only wants a the Constitution is a case in point.  One little alteration, it is to be hoped,
little change as                    
to Sovereign- he will be able to make, in order to harmonize our Governments with
ty, to agree 
with our Sa-  our Saviour's teachings.  He thought a man could not serve two masviour..iatt. vi, 24. ters; and if, instead of subjecting every individual to a State Sovereignty
and a Federal Sovereignty, Mr. Curtis should discover-from  Pufendorf,
and Vattel, and our history, that, after all, we have only one Sovereignty
— the People of each State-it will be decidedly agreeable.  We Christians do not like to put our Saviour in the wrong; and it probably is not
necessary to the proper understanding and operating of our Governmental
Everybody a machinery.  Each individual, whether a Citizen or merely a subject, is
subject of his
Sovereignty. obligated to bear true faith and allegiance to his Sovereign CommonOwes only to wealth.  He owes, and can owe, none to any other.  The chief means
that allegi-,ance.     of discharging our obligations of faith and allegiance, are found in obe-.The Sover- dience to the Laws and Governors placed over us. Each of these our Soveignty has delegated author- ereignties has delegated the exercise of parts of its Right of Command, to
ity to State
Agents,    various Agencies in the State, as the Governor, Legislature and Judiciary,
and these again have power to sub-delegate parts to subordinate official
-also to Fed- agents, county, town, &c.  Then, too, these Sovereignties have joined
eral Agents,                to
vhich the sub- with each other and delegated the exercise of certain other very important
jects must
obey.       parts of the Right of Command to various Federal Agencies, as the Pres.
ident, Congress, Judiciary, &c., who again have power in certain specified
Were these  cases to re-delegate to other subordinate officials.  To put an independent
Agents Sovereign, a subject Right of Command in each one of these Agencies-and it must be given
would have an
indefinite    equally to one as to the other-would subject a man not to two, but to
number of                                                                   t
masters.    an indefinite number of masters.  It seems very probable that, on further
Mr. Curtis will consideration, Mr. Curtis will prefer the theory of Pufendorf and Vattel,
take Vattel's
theory as did which our noble old Common-wealth of Massachusetts has so well pracour native
State.     tised, to that of a double Sovereignty.  Then each subject can easily
comprehend how true faith and allegiance to the Right of Command in
That will sirm his Commonwealth, require him  to render strict obedience to the laws
le Soveryeign- and rulers his Sovereignty has placed over him.. This little change is
the chief one he needs to make in his most valuable work.  But he will
Will further
prosecute ex- not with that cease his efforts.  His Fourth of July Address, and a more
amlinations,
and'aid in   recent one, prove that he realizes the danger of consolidation, and he will
bringing a
new Union.  be one of the most efficient co.laborers with his friend Mr. Everett, in




Irtroductory  Compend.                                        187
correcting our theoretical errors and bringing back our wandering steps to ~e 2ln. ltmate
the paths of Federalism, with the attendant blessings of peace and a ourselves.
new Union.
Then there is another Massachusetts man, Mr. John Lothrop Motley, Mr. Motley,
who has made himself famous by his truly interesting Histories of the to the London
Timnes.
Netherlands.; but he will become more notorious in consequence of his
remarkable letter to the London Times.  We shall be relieved from  the
disagreeable task of attending much to his case, as Mr. Henry B. Dawson Mr. Dawson' will attend to
has a rod in pickle, that will be sufficient to whip him  into the traces, him.
whether he can be made to draw in the paths of Federalism or not.  We
do not despair even of Mr. Motley, and trust he is yet to become a
genuine aristocrat and aid to restore our native State to former glory and
renown.
Massachusetts, too, has other noble sons to labor in her high and holy President
cause, of whom,further mention will only be made of President Hopkins. aid desirable.
Could his clear head,. cultivated taste, warm  heart, abundant knowledge
be given to this great subject, he would produce the crowning work of his
long and useful life; and with what heartfelt delight would his affectionate pupils and many loving friends listen to his matured judgment.
- It is not necessary to particularize the wise and good men of other Dr. Ileber.
States, who will bestow their labors upon this important investigation,
and space will be taken to refer to only one, of high reputation in the
South and in the North, who is probably the leading authority in political Isthe chiefauscience on this continent, Doctor Francis Lieber.  Knowing the reputa- 1ticalycinncpe
tion of his works, they have been among the last examined, for considerable acquaintance with the subject seemed desirable to comprehend his
deeply grounded philosophy. An earlier study of them might have been
better, but it has been quite satisfactory, and strengthened confidence in
my views and plan to find (I trust it is not altogether vain conceit) that
they so generally harmonize with those of this eminently practical, as well
as correctly theoretical writer. The chief point of difference is as to Sov- We only differ
as to Soverereignty, which is fundamental, it is true; and yet is perhaps more fan- eignty.
cied than real.  The learned author believes in Hooker's Sovereignty, The difference
which is good enough for me, and seems to be of the samfe sort as that infanerhps only
of Grotius and Pufendorf, and as the Right of Command of Vattel; and
it seems, that he only needs to drop his excellent work a hair's breadth,
and it rests securely on " that foundation " of Hooker.
His upsetting of the theory of consent, held by Locke and others, is  is correct
the best performance of that important work which has been noticed; and views of cosn.
sent, and of the
upon other points the excellence of his views will be apparent in this com- doctrine of
Instructions.
pilation, particularly in discussing the doctrine of instructions.1
1 The theory of Hooker and Vattel would, indeed, furnish Doctor Lieber with even another The Doctrine
point in his able argument against the propriety and right of a Representative being instructed by of Instruchis constituents, particularly in these free States, somewhat after this fashion:  tions.
In all Governments, but especially in a large Democracy, is it necessary to employ the well The delegation
known legal maxim, qui facit lper alziu, fitcit per se, What he does by another he does by of authority to
~himself. Upon this principle, is authority delegated by a free People to its faithful subiects and Agents.




188                  Our Fcderca  Union: State Rights and TFrongs.
~. a21.c U o      Beside- the  examinations to  be made by our wise and  good  men, in
ourselves,    private life, we have other and most suitable machinery to bring light out
The Judiciary of darkness, in our Supreme Court of the United States, in the Supreme
should aid in
the examina- Court of the Confederate States.   What else is the chief province of these
tion.
Courts, except to examine and to decide precisely such legal questions as
those between these Sovereign States? The real parties are still States,
though  operating  their governmental machinery in  part through  their
Suitsshouldbe Confederate and Federal Agencies.   Suits should at once be instituted in
brought to ett 
the. quse.o   both Courts, involving all the important questions at issue, and very probat issue in both
sections.     ably the  same results would be attained  in  each.   And  could  the  two
Courts be in some way united, and our statesmen and lawyers be pitted
A union of the against each other in a fight of " reason," there would  be much more of
two lynurd
more sensible both," force " and  "reason"  in that measure, than  in  arraying  these
than war, to
decide the    armies of soldiers by the hundred thousand against each other.   Only to
questone at
issue.        think that Christian brethren, in this nineteenth century, can find no other
means of adjudicating their mutual rights and wrongs, except by devastation  and slaughter I  How  much  of these  damnable means are required
A free People subordinate agents, but is never granted. The entire Right of Command, all authority in a free
never grants  State, belongs to, and is under the control of that People.
authority.       Usually the first step in properly organizing a Government in a free State, is for the sovereign
A People 0e-  People, in some proper manner, to elect and send delegates to a Convention, to frame what is
Constitution.  called a Constitution, which is to be the fundamental law of that-People, and regulate the powers
and'acts of its chief officials.  Commonly the precaution is adopted to declare in the Constitution,
The object to that the object of instituting their Government, is to promote the general good and happiness of
be the general that People, and not the particular advantage of individuals, or of certain localities; and all
good,         officials are required to take an oath to be faithful and impartial in the performance of their trusts,
— not special. and to follow strictly the Constitution.
Other laws re-   But the Sovereign People needs to have other laws passed to regulate the duties of its faithful
qnisite.      subjects and protect their rights from the aggression of wicked subjects, and it defines, in its Constitution, what sort of a subject may be chosen a legislator, and who are to be his electors, who are
Who a legi.-  always endowed with the august privilege of Citizenship. In order to have all of the Citizen
later, who    subjects fairly represented in the legislature, the State is divided into districts, each of which
electors.     chooses one or more as the Sovereignty has ordained. But each delegate, while he is called a
A legislator oJf Senator or Representative from such a county or town, is nevertheless the Senator or Representahis State.    tive of his State, and he is sworn to impartially and faithfully discharge his duties as legislator,
and to support the Constitution;
Oath and Con-   Now, suppose a question arise in which the constituents of a certain Senator are deeply inter'
atitutd'd to be ested, are they true and faithful liege subjects to their Sovereign State, if they seek unfairly or
Instru tions,  otherwise to promote their own good at the general cost? Have they any right to require the
Senator chosen by them to do anything, but what in his best judgment shall best promote the
general good? Is the Senator to regard his oath, or the instructions of his constituents? Is he to
be required to resign, and the sovereign People be deprived of the services of one of its most
Who is Sever- faithful subjects and legislators, because a fraction of the People desire unfairly, unjustly to attain
eign?        selfish ends? Who is sovereign in that State, the constituents of a Senator, or the People?
More absurd      Still more apparent is the absurdity of instructing Representatives in the Federal Agency.
oFederialnsten    Iere, equally as in the State Government, the sole object is to promote the general good, and for
tors.         that, are Senators and other officials appointed. The several State Sovereignties had to provide a
means of appointing these Senators, and with great wisdom was that important trust committed
to the State Legislatures. When the Senator is elected, the duty of the Legislature to its Sovereignty in that regard ends, and that of the party elect begins. HIis Sovereignty has required him
to swear to support the Federal Constitution; and in the discharge of his trust arises a question
Maine bound- of vital importance to the entire Confederate States, as in the Maine boundary, the whole charge
ary. Legis-  of which has been committed by that sovereign State to the Federal Agency, in delegating to it
]lture wrong. the treaty-making power; yet here the Legislature of the State of Maine steps in impertinently
between the Sovereign State and the Senator, and requires him to vote so and so I Shall the
Senator obey the commands of his Sovereign State and his oath, or this mere State Agency, that
has no right or authority in the premises? Shall the State and the Union lose the services of its
able Senator, because the Maine Legislature differs with the Senate of the United States and the
President, as to what is best and expedient?
A little study into principles will straighten out a good many of these crooked, knotty
questions.




Introductory  Comeen                                   I1 9
to conclude the case?  When will the verdict be rendered, and what  Js TheConwill it be?
~ 22.-THE CONCLUSION.
QUITE time is it that this long compend, extended more than half This compoend
not so perfect
beyond the size intended, should come to a close.  In some respects quite in its order as
unsatisfactory to the writer, it may reasonably be expected to prove more sirable.
so to the reader.  "Order is Heaven's first Law;" and a work, pretending to aid the searcher into the Law of Nature and of Nations, should
possess " order " in a high degree.  But this was not planned for an ana- Not designed
for an analytic
lytic synopsis, which would have been' dry and uninviting, and, to have synopsis..had any value, would have required the space of a volume.  The subject
is too comprehensive, has too many ramifications to be analyzed in an
introduction, and the desire has only been to call attention to a-few of the
important topics the people need to investigate. To methodize these and
allow -one thought to follow another in due order, can only be accom-.plished in the work itself.  The object has also been, less to prove what The object not
to prove the
was right, than to establish the existence. of fundamental errors; or if not right, but tho
to fully establish them, which is by no means claimed to have been done errors.
generally, at least to show the possibility of grave errors existing, which
may need examination and correction.  It is designed more: for popular Is more popular than scienthan scientific readers; although, with a liberal exercise of charity, it is tific.
hoped even the, skilful can endure its perusal.
Having for more than two years devoted himself with unceasing Studies have
been prose-.industry, and an interest deeper by far than in any other subject he ever cutedovertwo
investigated, and deepening month by month as he has advanced, the years.
writer has gathered a large amount of materials that seem to him of
special interest to.every CITIZEN in this period of our beloved country's:calamities and perils. To trace the progress of his investigations, and the
steps whereby particular results were attained, may interest.some few, of
which an account is more suitable in the preface.
Though many of the views are novel in this age, they were not so a I} the views
are novel, they
century and more ago; and the whole of our disagreements, and even were not so
cents, aturynwere not so.this civil war, seem to have resulted from. ignorance or misconception, last century,
and the perversion of the clearest and most important principles of International Law. And though fully realizing that he:is but on the threshold.of investigation, deeply sensible of.his imperfect qualifications to judge of
truths touching these weighty matters of Government; he feels, notwith'
standing, that he would be grossly derelict in faith and duty to his fellow
Citizens, did he not call their attention to- the line of investigation which
the hand of.Providence seems to have cast in his way.
Very much'of his reading has been in works. that are scarce, and in. The knowledge importaccessible to the masses; yet with parts of which, at least, every CITIZEN ant to Citizens,
should be perfectly familiar. And so far from the thoughts being abstruse
and metaphysical, unsuited to the common reader,'they are perfectly -is easily
comprehend.
within the comprehension of a lad of ordinary intelligence.  Are the ex- ed,




190               Our Fawderal  Union: State Rights  and'rongs.
22. The Con- tracts already made from Hooker, Grotius, &c., hard to understand?  The
elusion.
others will be no more so; and if Cumberland be to any an exception, he
will probably be the sole one; and even' the.extracts from him, which
must be given, being the best that have been observed to meet Calhoun's
-and inter. views, seem very clear and plain.  And not only will the quotations be
esting.    understandable and profitable, they will also be deeply interesting.. Many
a business man will be surprised that he never happened to meet such
agreeable, as, well.as instructive reading.
The compila-    Having been from boyhood an active man of business,. the writer
tion is for business men.   should know what business men want; and this compilation will be made
chiefly for them; and under the judicious counsel, and careful revision of
Dr. Agnew's Doctor Agnew, it is hoped -no great blunders:will be committed. Having
aid.
obtained, not merely the aid, but the most hearty cooperation of this distinguished scholar, makes the hastening of the publication more suitable than
His examina- it would be, relying altogether on my own judgment.  Doctor Agnew
tion of my
views,     has thoroughly examined my copies of Grotius, Pufendorf, Vattel, Mon.
tesquieu, the Federalist, Madison Debates, Curtis's History of the Constitution, etc., etc., in connection with my extended notes, this Introductory
-and apprO- Compend, and. other parts of my writings, and he thereby well underbation.'   C
stands the substance and the drift of my views, and we agree in the main
Others also. on every important point.  Other persons, properly qualified to judge,
have considered the views more or less, and if not in full accord, they
admit that the subject is newly presented and eminently worthy-of consideration.  From some of these, the writer hopes to have testimonials com~
mending the work to public consideration, when they shall have been able
fairly to judge of its merits.
This justifies  It seems, therefore, not improper that th'e compiler should begin to
their presentation to the  present to his fellow Citizens some of these extracts from the wisdom of
public.
the past, which will aid to bring us to reflection, both in the North and
Their extent in the South.  As the compilation will necessarily extend to four or five
required a
Compend to  volumes, which it will take six or eight weeks each to print, it seemed
be prepared.
desirable to present something of an indication of the objects aimed at.
To effect that, led to the preparation of this Compend, which, at' the
instance of Doctor Agnew,' has been somewhat altered in order to make
Subjects not it suitable'for'circulation by itself.  No pretence is made herein to having
discussed in it discussed any important point, not even that of Sovereignty, or of Habeas
Corpus., They cannot be discussed' till the principles of International
Law, the documents that have secured our rights, and other historical
facts, are presented:to the reader.  He can then judge for himself, and
The work it- the point will need no elaborate argument. So that while it has been
self will have
little of the necessary to present subjects for consideration in our own language in this
writer's own
language —a  Compend, the reader will have much less of it in the ensuing pages.  The
compilation of
wisdom of old ideas will be submitted in the words of others, whose authority will be
writers.
unquestioned; the compilers merely stringing the thoughts together as on
a thread, and by foot notes connecting important ideas and facts with
other extracts, and adding such comments as seem desirable.




Introductory Cornpend.                                  191
If the work possess no other merit, it shall at least have system, how- ~ 22. The Con
elusion.
ever deficient in that characteristic may be the Compend.  The heads of It shall have
the Part, Chapter and Section, will clearly indicate the subject treated; system,
the marginal notes will call attention to the leading thought; and a very -a complete
full and thorough index in the conclusion, whereby the reader can instantly refer to any important document, or person, or thought, or fact, will, it
A lad can unis believed, enable any lad of ordinary capacity, to understand his Govern- derstand it.
ments, the rights he hopes to enjoy of Citizenship, his duty as a liege subject of his Sovereign State; and if in doubt on any point, he shall at least
have the authorities to solve it indicated; and with the Divine blessing
upon a candid, honest purpose, that shall be pursued to its conclusion with
unflagging resolution and industry, we trust it will be admitted in the It shall be appropriate to its
sequel, that the title is not inappropriate to the work-OuRa  F(EDERAL title.
UNION: STATE RIGHTS AND WRONGS.
While the writer feels the most perfect assurance that he is starting a Thefwork not
to effect imline of investigation which will take us again into the paths of peace and mediate resuits.
reunion, and that nothing else can be devised that will do it; he is too
well aware of the prevalence of opposing views, the strength of fixed
habits of thought and of action, to expect immediate results. We Ameri- Cannot our
name Ameri.
cans-that is a detestable word that we have to use, and in changing our cans, be
changed for a
name for the new Union that is to be made, can we not select one appro- better?
priate to this part of America? —we Americans think quickly, decide
quickly, act quickly, and we shall move -with at least ordinary speed on Months requisite to change
this path of investigation.  Yet, let our wise men do their best to instruct the opinions of
the North.
us in the truth; let their magnanimity be more- than human in acknowledging and correcting their errors, if such shall be discovered: many
long months must elapse ere the North shall be convinced of its wrongs
and perversion of governmental principles, and be willing to return to
pure Federalism.  Until that wished-for period arrive, the war goes on; heanhiloe
and oh, the horrid waste of precious lives in this fratricidal strife I. The on —the horrid sacrifice I
money sunk, the property destroyed by the thousand millions, is a mere
baubee, in comparison with the heart's blood of our beloved- kindred and
friends, which is being shed in this unnatural, inhuman conflict. But To examine
principles will
the bloody tide ceaseth not to flow, until principles are reinvestigated, and alone stop the
flow of blood.
the rights and wrongs of these Sovereign States are understood.  And
with all its horrors and atrocities, not a century will have elapsed before We shall bless
GoD even for
the: two hundred millions and more, who will then enjoy the blessings of this war.
freedom  in this "ocean-bound Republic" (the canal being made across
the Isthmus), and liberty-loving Christians throughout the world, will
thank GOD for this war, as having been one of the most productive agencies, of good for ourselves, for the entire Caucasian race, for all inferior
races, by which the Infinite Sovereign accomplishes His eternal purposes
for man's Government.  May Almighty GOD continue to us His protect- May it coning favor, and allow this war to go on, until we shall be made to know tinu, till we
learn governand practise the principles of Government, which He, in His infinite plental princi- love and wisdor, gave our race thousands of years agople
love and wisdom, gave our race thousands of years ago!




192               Our Fwdercdl Union: State Rights and  Wrongs.
l22i. The Con-    Possibly, too, the examination into principles, instead of bringing
The examina- Union in the North, which we hope and confidently expect, will breed
tion may bring still more dissension among ourselves.  Many excellent men and pure
more division
In the North. patriots consider this doctrine of State Sovereignty the bane and ruin of
Some opposed                                                      They
to State soy- our body politic, this " nation " of the United States.  They only follow
ereignty.
in the footsteps of some of our wisest, ablest statesmen, as Jay, Hamilton,
Have eminent
examples.   Morrises, King, &c., in considering Democracy, even of the Republican
-type, to be untrustworthy, unstable; and as did those good and great
To examine  men, they look for a change, and desire a stronger Government.  It is
may change
their views,  hoped that a candid examination, particularly into our errors and wrongs,
the results not of Federalism, but of its desertion, will change the sentiments of many and give a new and stronger confidence in this Heaven-will be in- sanctioned form.  The examination is to be profoundly interesting, and,
teresting and
exciting,    whatever be the result, is to stir the intellect and heart of these Peoples
in the, South and in the North, as even this war has yet failed to do. It
-will bring  is to bring men to conviction as to their rights and duties, to realize the
tion.      worth of our imperilled institutions; and in every, breast will be formed
the stern resolve to do and die, if necessary, for the defence of our priceAll to be In less heritage. Everybody, from the most lordly aristocrat to the lowliest
peasant, is to have his heart and his hand in this controversy.
Thestruggle    The struggle in the days of Adams and Jefferson, was nothing to
In 1800 to be,
now far ex-  what this is to be.  Then the distinctions were in the main more fancied
ceeded.
Then differ- than real.  While a few of the Federalists, under the lead of Hamilton,
ences were
fancied now  sought consolidation, and what they deemed a stronger Government, the
real.
masses were nearly all true to their party name, and differing little
from their opponents, the Republicans, in fundamental views.  A few of
the latter,-too, held extreme Democratic opinions, in favor of the absolute
freedom  of man, and the right of revolution at all times; but there was
no sectional issue, no fanatical question, to stir the heart of man to its
very depths, as now.
Sincere Abo-   Many of the old-fashioned Abolitionists, sincerely conscientious haters
litionists not
easily to  of slavery, believe the time for which they have prayed and worked has
change.
at last come, and that the detested institution totters to its fall. Not easily
are they to be made to acquiesce in means and measures that evidently
must give it an indefinite existence, probably establish it more permanently
Toreason with than ever, and very possibly for all time.  It is idle to reason with them,
them is idle.
that this grand principle of Federal Union gives them. no responsibility;
for that very reason do they hate Federalism.  They want responsibility,
and would glory in following John Brown to the gallows, for the honor
They abhor  of having a part in destroying slavery.  Federalism do they abhor equally
Federalism.                        y
with slavery.
Theirnumbers    But men of this type are very few in number; and though strong in
few, but have
cooiperators, will and energy, could effect little if left to themselves. But unfortunately, there is another class of large numbers, who zealously cooperate with
-in Republi. them.  Disapproving of slavery, though not with abolition hate, they
would have kept it within present bounds, and hope earnestly for its




Introductory  CUompend.                                    193
speedy extinction.  But now that civil war has come, and because the ~ 12sioTe ConSouth have taken decided action to perpetuate the institution, they look They consider
upon it as the prime cause of our differences, and- the war is really be- slavery the
lieved by them to be the "' slaveholders' rebellion."   They suppose that, bellion."
if slavery could be extinguished, "rebellion " would end, and that we can
only be safe against the poisonous influences, by destroying the upas tree
at the root; that we shall never be safe against' rebellion," till slavery
is extinct.  They are intelligent, have given much thought to the subject, Th    intlare earnest in their -convictions, properly understand that the South began ligent,
the war;.but, while designing to be fair, by no means discover the immense provocations given the South; and- believing Providence has per- -believe
Providence
mitted the slaveholder to bring on this war, in order to accomplish the designs to destroy slavery,
Divine purpose of extinguishing slavery from this land of freedom, they anl they aid
joyfully lend themselves as willing instruments,, and heartily cooperate willingly.
with the extremest Abolitionists; though the latter by no means give
their coadjutors the credit that is their due.
Yet even this union of forces would not render the, task of reformation These forces
are strengthvery difficult, at least by no means desperate, were it not that, as the ened by Demwar has progressed, many of the strongest conservatives, Democrats as
they are called, loving the Union, properly appreciating our institutions, -whose oband willing to make any sacrifice for their preservation, as their hopestio.purely
of conquering a peace are long deferred by the skill and indomitable
resolution of our worthy foe, are becoming willing to adopt any measures
to save our free institutions from  the perils of disunion.  They would
cooperate even with Abolitionists to wage the war for Union, and not
properly regardful of means and appliances, they are willing that slavery,
or anything else, should be destroyed to save the Union.
Not till we see the effect of the approaching examination into prin- We muse
knowtheefifeot
ciples of Government upon this class of Democrats, so called; upon this of the examiclass of conservative Republicans, so called, can we form  any judgment nationepublana
of the issue.  Indeed does the occasion make us feel our ignorance of the cratsDN toJd
future.  The Christian Citizen never had more occasion to put his trust in of resuts..
the GOD of our fathers, who has so blessed and prospered us hitherto; to
seek His guidance and strength to enable each one of us to do our duty, wemust trust,
and to trust our never-failing GOD for the result.
He that dwelleth in the secret place of the Most High, shall abide under the 2rsas. xci 1.
shadow of the Almighty. I will say of the LORD, He is my refuge and my fortress:
my God, in him will I trust.
Dear reader, turn to that and the preceding psalm of Moses, and let our GOD will de -
liver if we
hearts be strengthened in the GOD of Israel, our fathers' GOD' and our trustin,Himn.,.
GoD.  HPe will deliver'us,. even in these sore calamities, if we put- our
trust in Him, and manfully, heroically, as'becomes beings'made "in the
image" of JEHOVAH,' go forth to the discharge of every duty.
Noft singular
Should the examination into principles result as we hope, and. con that Hamilton.
and other pa-~
fidently expect, then the great majority of the North will conclude, that.triotswere not.
earnest Fedwhile it was not at: all singular,, not in the'least unpatriotic, in. the gret eralists
13




194              Our Fderal Uni;on: State Riights and TWrongs.
$ 22. The Con- and wise Hamilton-who with his coadjutors had the genius to divine the
Clusion.
excellences and superiority of the British Government, rightfully repro.
bated and despised Democracy as then taught in -the French school, in
They rightful- which Jefferson was an acknowledged leader, and the effects of which in
ly reprobated
Democratic  less than half a dozen years were witnessed'in anarchy, and in the torrent
errors.    of the richest blood of France-to have had no confidence in a Federal
Union, of which that of the Netherlands with its incongruous mixture of
Aristocratic and Democratic States, furnished the best example of many
Yet the exam- ages;-while it will not be deemed unwise under the circumstances, that a
ination will
establish the few of even our ablest and best statesmen of that day desired something
wisdom and
prudence of else than Federal Republican Democracy, yet we believe, as the examinathe other
fathers.    tion progresses, that confidence will strengthen in the prudence and discretion of the. fathers, if not in their wisdom, as, yielding themselves to
the guiding hand of Providence, they went on step by step to the adop.
tion of the most perfect of all Federal Unions.
wFederalitsmle  Something of Federalism, the Union of States for certain purposes,
daerstood by  was comprehended; as was also something of Democracy, the keeping of
the fathers,
also Democ- authority in the People; but the grand connecting and enlivening prinracy, 
~-not Repub- ciple, that of Republicanism, was little apprehended, not at all compre-;
licsanism.    bended.  That principle is, qui facit per alium, facit per se, WHAT HE
This thegrand DOES BY ANOTHER, HE DOES BY HIMSELF.  This it is, and this only,
principle, qui
Alcit, &e.   which enables a great and free People, even counting by millions as do
New York, Ohio, Pennsylvania, and Virginia, to keep in itself its Sovereignty, its Right of Command; and by subordinate Agencies, to rule
with most despotic sway its faithful liege subjects.  This is the glorious
principle, so little understood, that enables these Sovereign States to provide against all emergencies, to protect effectually against foes within and
foes without, by establishing two completely distinct and independent
sets of Agents, one State and one Federal.
John Adams    So surely as our wise men examine, will they teach us-and if they
did not understand this,  fail through disinclination or other cause, the writer feels himself compethough he
drew the Con- tent for that little task of instruction-that John Adams, though he:asachusetts, framed the Constitution of Massachusetts, the most perfect embodiment
of the whole theory of Representation that is to be found in any of our
Constitutions except that of New Hampshire, which is mainly a copy of
the former; that John Adams, though he then went immediately abroad,
-alsohis sD- and while there published his work in three volumes defending the
fence of the.American   American Constitutions against Turgot's attack, and which one would'onstitutio".,
suppose must have led that strong, clear intellect to thoroughly compreIn 1789 he   hend qui facit, &c.; —we shall find from two letters of this very patriot,
Mere consol- John Adams, written in'89 to General Lincoln, soon after his return
dated.    home, consequent upon his election as Vice-President, that he so little
understood the A, B, 0 of this fundamental principle of the Constitution
he had drawn for Massachusetts, so little that of the Federal Union, that
he then took the ground that these States were consolidated and Sovereignty transferred to the Federal Government. And yet, at the same




Introductory  Comrpend.                                 1A5
time, his good practical common sense led him  against his theory to ~l22. TheCoon
cooperate with Jefferson rather than Hamilton, as their correspondence Thongh o*
proves.  With his erroneous theory on this point, and Jefferson's erro- wrong in
neous theory, that every man was a sovereign instead of a subject, it is right in pracno wonder that party strife ran high in 1800 about mere shadows, and Jefferson'serror as to natalmost to civil war.                                                    ural freedom.
The examination that must be no longer postponed, will satisfy Anglo- Whe must get
right in theSaxons, who have shown such remarkable correctness in the main in ory.
practice, the importance of getting well grounded in theory.  And while The contest,
imaginary In
the contest in 1800 was upon imaginary distinctions chiefly, it is now to 1800, is now to
b* real.
be upon solid, fundamental differences. Still, so tenaciouslywere opinions
then adhered to, so high ran party spirit, so bitter the animosity engendered, that the strife almost came to blows and blood.
The contest then alarming, is now to be tremendous, most terrific. The contest,
then alarming,
Well will it be if the conflict can be restrained to words.  Only by is now to be
exercising the utmost prudence and forbearance, will civil war among
ourselves in the North be prevented.  What an opportunity have these Our opportunity to show
free Peoples to exhibit to the world, the worth and superiority of free the excellence
of Republican.Governments, and our adaptation to such Governments I  Oh, let us seek ism.
strength and wisdom from Deity to enable us to improve this golden
opportunity of many centuries!  Let reason and the ballot' box, not the ieason, notl
sword, decide the important issues!                                      decide.
Yet will it not be the most improbable of circumstances, if the Federal Republicans of
FEDERAL REPUBLICAN Citizens of the North should be joined with the the North and
South may be
armies of the South, to reestablish the Federal institutions of our fathers united to restore Federalagainst the efforts of Consolidists and Abolitionists.  May GoD save us ism.
from such an horrid catastrophe; yet, if it must come in order to save
our institutions, AMEN! Our systemi is now unquestionably Federal, and
if bloody strife instead of reason and argument shall be employed to effect Responsibility
of conflict will
a change, the responsibility rests upon the revolters, the rebels, —rebels be on the
against their Sovereignties, which the Citizens of the seceded States
are not.  The Captain of our salvation will never desert the true soldier GOD will aid
US.
of the Cross, fighting to maintain the very form of Government He gave
Himself to his favorite family of our race.  The result of such a conflict
cannot be uncertain.:Woe unto him that striveth with his Maker."   Isaiah xlv, 9.
Probably many a Christian reader, whether agreeing with the views Divined dis
of the writer or not, struck with the manifest conflict of opinion between
wise and honest men upon these important and interesting subjects, has
felt that more than human wisdom was requisite to understand the
" Laws of Nature and of Nature's GOD."  He has realized the necessity
of Divine illumination, and repeatedly has he invoked it.  In the language of the Monarch Psalmist, does he say:
Teach me, 0 LORD, the way of thy statutes; and I shall keep it unto the end. Psalms, cxix,
Give me understanding, and I shall keep thy law; yea, I shall observe it with my
whole heart. Make me to go in the path of thy commandments; for therein do I
delight. Incline my heart unto thy testimonies, and not to covetousness. Turn away
mine eyes from beholding vanity; and quicken thou me in thy way.




196                 Our FoEderal Union': State Rights, and  WTrongs.
~-22. The Con-    The whole of that interesting psalm would be most apposite in this
clusion.
connection; and the reader should* peruse it.  As individuals, deeply
Individuals'~
Will realize  sensible of our own imperfections and weakness, we shall resort to the
their necessities.      Infinite Fountain of knowledge for direction, and shall draw large supAlso these   plies.  But we are not there to stop.  As Peoples, as Sovereign States,
States.
must we seek unto our KING, for wisdom to direct us, for grace to perform
Have we tal  our every duty.  Usually we have recognized our obligations to Deity
waysihad these
sentiments?  for our many and unequalled blessings, and it is supposed that on every
important occasion we have sought Divine aid.  Bishop Hopkins pub.
lished a valuable work, The American Citizen, in which he dwells with
Bishop iHop  wisdom  and emphasis on Christian duty, and every Citizen should study
kins' views.
it.  The Bishop observes:
Anmerican     But we have the best evidence of their Christian feeling in the well known fact,
(Js sens PP-  that at the first assembling of the convention in 1787, when the spirit of dissension
QS, 29,
threatened to run high, Benjamin Franklin proposed the introduction of prayer, as the
Prayer in the only mode of securing the Divine guidance and blessing on their discussions. The
Convention of motion was adopted unanimously. The Rev. Dr. Duch6, an Episcopal minister of
S Philadelphia, was invited to attend; and that service of Christian prayer, which has
since been so well depicted by the pencil of an American Artist, produced the
happiest effect on the subsequent proceedings, until they finally closed in the adoption
of the Constitution.
This conflicts  This statement by such eminent authority, seemed so in conflict with
with Madison.
Madison's account, which, with Franklin's interesting and pious speech,
will be presented in Part II, that the point has been somewhat examinecld.
Dr. Duch not In Bishop White's memoirs, it appears Dr. Duch6 wrote him from Engfn the country.
Bishop     land the 2d April,'83; and it is further stated that Dr. Duch6 postponed
White's Memoirs, pp. 68, his return from  England. till'92.  He therefore could not have been
Toe mistake  in Philadelphia in'87.  Nor does it appear probable that the mistake is
not in the    merely in the name of the clergyman.  Dr. TWhite had been the chaplain
name of the
clergyman.  of Congress, and in'86 was elected Bishop of Pennsylvania, and went
Bishop White to England for consecration.  He arrived in. New  York on the 7th
not the person.
lb. p. 11T.   April,'87; and though he was chaplain of Congress, yet all the month
of June (Franklin's motion was on the 29th), and early in July, there
was no quorum in attendance, as the Journals show, and he could therefore have officiated in the Convention, and would almost certainly have
been the person chosen, and so interesting an event would scarcely have
was Matte-  escaped record in his memoirs.  Perhaps Bishop Hopkins refers to Matfeson's pictore *teson's picture representing the Continental Congress in its first prayer,
in 1774.
MADISON' tes-    Besides this negative evidence, Madison records that,
timony,
-Papers, ii,    After several unsuccessful attempts for silently postponing this matter [Franklin's
i15&       motion for prayers] by adjourning, the adjournment was at length carried, without
any vote on the motion...Madison has no further reference to the subject, and Mr. Sparks
appends this note to Franklin's speech:
SPARKS, V, 155.
F'raenklin's   Note by Dr. Franklin.-" The convention, except three or four persons, thought
WForks.    prayers unnecessary!"




Introductory  Compend.
The great and venerated Franklin, esteemed by some heretic and ~ 2u2. Theeminfidel, puts an exclamation point after his record; and to have added, stonish-n
them by the million, would not have sufficed for the astounding declara- the fathe~s
should have
tion, that in such a Convention, only "three or four persons thought omitted prayprayers necessary I"  It seems incredible that a few years of peace and
prosperity, should have wrought such a change.  Prayers were, perhaps,
kept up in Congress from  habit; at all events, the Convention of'87,
many of the members no doubt tinctured with the then fashionable doctrines of the French school of infidelity, considered themselves wise Theytinsted
themselves,
enough to dispense with Divine aid in planning their Constitution.  And and we see the
in this horrid war, do we see the results I                               results.
It has been supposed that, prior to btJe adoption of the present Consti- Our prosperity'
tution, we were almost in anarchy; to use the words of the elegant Confederation.
Mr. Motley, "in chaos."  Mr. Dawson will soon publish  a reply to AnswertoZ-r.
Motley.
IMr. Motley's famous letter to the London Times, to which the reader's
attention is earnestly bespoken, wherein he demonstrates our immense
Our self.eonprosperity at that time, and beyond doubt, it could have been said of us fidnence.
as Moses sang of the Hebrews.
But Jeshurun waxed fat and kicked: thou art waxen fat, thou art grown thick, eieut. xxxii,
thou art covered with fatness: then he forsook God which made him, and lightly 15
esteemed the Rock of his salvation.
Read the whole of that remarkable song, and see how exactly it suits Not only selfsufficient, but
our case. And not only were the fathers so self-sufficient, that they needed refused to recognize Deity.
not to seek Divine aid in the accomplishment of their plans, but they even
dared to omit all recognition of Deity in the instrument itself! Frorm
beginning to end of that august instrument, is there no recognition of the
infinitely more august Majesty of Heaven I Read the account of GOD's GoD will be
honored.
dealings with the house of Eli, where He says by tl4 prophet:
Wherefore the LORD God of Israel saith, I said indeed that thy house, and the 1 Sanm. ii, S0.
house of thy father, should walk before me forever: but now the LORD saith, Be it far
from me; for them that honour me I will honour, and they that despise me shall be
lightly esteemed.
Was it not eminently proper for these Christian States, which had so Propriety of
our recognizrecently, so signally been blessed of GOD; whose mighty Hand those ing JEuIov. -I..
very fathers themselves had repeatedly acknowledged in His special interpositions in their behalf-special to them, not to the Infinite, who can
know no change of purpose; was it not little enough for them, in exercising the highest privilege of Citizenship, the gift of their Heavenly
Father, in framing "a more perfect Union" between these Sovereign
States; was it not to have been expected, that in their league of Union, their
Infinite Protector would at least have been so far " honored," as that EIis
favors should have been acknowledged, and His name most surely inscribed
in the instrument? Was this done? Not from beginning to end of that It wvas pot
compact is even the name of Deity mentioned; not the slightest allusion, in
any manner, to an overruling Providence.  "They that despise me shall The consebe lightly esteemed," says our GoD; and as our fathers thought,  We, qglect.




198              Our Fcederal Union: State a Rights and  Wrongs.
A- The Con- the People of the United States," could of themselves "form a more pereluion.
~-'-    fect Union," did not need Divine assistance to "ordain and establish this
CONSTITUTION for the United States of America;" we see already how
The first three strikingly the declaration is verified in our confusion and disgrace. The
words of the                                                        d
Constitution very first three words —" WE THE PEOPLE," —Of that instrument, drawn
led us astray.
without a public invocation of Divine wisdom, with no recognition of the
Sovereign of the universe, have been the prime, almost the sole cause, of
The sons have leading these Peoples astray, and into this civil war.  And the sons have
not corrected
the error.   sinned equally with the fathers, in that for over seventy years we have
enjoyed the fruits- of our beneficent Ruler's care, have made repeated
additions to our Constitution, and yet have failed to correct this most important omission.
Nothonoring te  They that despise me, SHALL BE lightly esteemed," says the SovConstitutionis ereign Majesty of Heaven; and who is the impious subject that shall
dare to gainsay JEHOVAH'S declaration?  Accursed be the instrument,
no matter what loved and honored names are attached to it, that thus
Doroy it.  dishonors the Monarch of all Peoples.  Tear it to shreds, trample it in
the dust, damn it to everlasting infamy, that it thus ignores, dishonors our
KING, JEHOVAH.  "Them  that honor Me, I will honor; and they that
Let: us humble despise Me, shall be lightly esteemed." Let it be our wisdom to follow
ourselves for
our sin.    the example of Nebuchadnezzar, after his punishment, as we have chosen
to imitate his vain conceit and pride, which brought GoD's judgments
upon him:
Da*.lv, 4, 855.   And at the end of the days I Nebuchadnezzar lifted up mine eyes unto heaven,
and mine understanding returned unto me, and I blessed the most High, and I praised
and honoured him that liveth forever, whose dominion is an everlasting dominion, and
GOD rules.  his kingdom is from generation to generation: and all the inhabitants of the earth are
reputed as nothing: and he doeth according to his will in the army of heaven, and
among the inhabitant of the earth: and none can stay his hand, or say unto him,
What doest thou?
Duty to show    Read the context; it is full of appropriate instruction.  May the same
mercyto Caucasians as well glorious result be ours; and some readers will please bear in mind, that
as Ngegroes.
g   "by showing mercy to the poor," the Father of the Caucasian race had
probably no design to have it excluded altogether from the "mercy " of
white folks, for the benefit of the Negro.
dProper tohepast    Most becoming is it for weak, finite man to tread softly in the vesti.
study the past,
notthefuture. bules of JEHOVAH'S presence, as we seek to learn His teachings.  It
seems unwise, impious to pry into futurity, as some do with regard to the
prophecies, but duty to study the past. Luke records an instruction to
the disciples after our Saviour's resurrection:
Aad3i, 6, 7.  When they therefore were come together, they asked of him, saying, Lord, wilt
thou at this time restore again the kingdom to Israel? And he said unto them, It is
not for you to know the times or the seasons, which the Father hath put in his own
power.
Prophecy an   Nobody has yet been able, as we have discovered, to prove our Saviour
evidence of
GOD'S control- false.  Prophecy of the future seems sealed to our vision, and designed
lin        only to be a ppower.tual memento to    of the truth of our G, as te
only to be a perpetual memento to us of the truth of our GOD, as the




Introddc~tory Com pend.                                    199
scroll of time's events unrolls, and they are found to accord with predic-  22.o The Conclusion.
tions made ages ago, as in the miraculous preservation of the Hebrew
race, and of the Arabs with their characteristics; and to afford us proof
incontestable, that the Infinite Author must have known
the end from the beginning, and from ancient times the things that are Isaiah xlvi,
not yet done, saying, My counsel shall stand, and I will do all my pleasure.  10.
But while we may not pry into hidden mysteries, we are advised and Study of the
past-present
required to study into the past, to consider well the present, and perform practice.
faithfully its duties; and the Bible is replete with historic illustrations for
the one, with positive commands for the other. Nor are we as Peoples, Our responsibilit for our
any more than as individuals, to be able by quibbles and false reasoning bonluct fas
to dodge our responsibility. We know not, GoD has not seen fit to explain States
to our feeble comprehension, how  man's freedom, individually or collec- Free agency
_X~                ~ -  ~sincomprehentively, is to be reconciled with Infinite pre-ordination. We cannot under- sible.
stand how the Creator,                                                      PoPE's RITnibinding nature fast in Fate,                        Prayer.
Left free the human will.
But that we can neither comprehend nor apprehend a truth, is not the
slightest evidence against it, ",for now we see through a glass darkly." 1 cor. iii, 12.
We are free,
It seems a direct contradiction that we are free, and yet that GOD com- yet GOD rules
pletely rules our every action.  But we know it is so, for He so declares;  clres. deand "yea, let GOD be true, but every man a liar."  We are perfectly  omn. iii, 4.
conscious, too, that we have the free exercise of every power and faculty Our conscious.
I  Ih)                                                             ness of tMS.
with which we are endowed.  The weak tool, strong in his powers and  ss
will, stronger still in his own conceit, knows that according as he chooses
to arise from his couch, and take the steps to get his breakfast, he will
have it; and if not, he goes breakfastless, notwithstanding his every stepand motion must have been pre-ordained from eternity.
What shall we say then? Is there unrighteousness with God? God forbid. For It is right Gon
he saith to Moses, I will have mercy on whom I will have mercy, and I will have should rule
compassion on whom I will have compassion. So then it is not of him that willeth,
nor of him that runneth, but of God that showeth mercy. For the scripture saith unto
Pharoah, Even for this same purpose have I raised thee up, that I might show my Rom. viii, 14power in thee, and that my name might be declared throughout all the earth. There- 20.
fore hath he mercy on whom he will have mercy, and whom he will he hardeneth.
Thou wilt say then unto me, Why doth he yet find fault? For who hath resisted his
will? Nay but, 0 man, who art thou that repliest against God? Shall the thing
formed say to him that formed it, Why hast thou made me thus?
We know little of anything, and the more we investigate a subject, Man's limited
the more certain are we of our ignorance of it; the more we see there
is to be learned.  Even in physical sciences is this true; much more
so in the spiritual.  And as the senses appeal most strongly to us, GOD'S GOD teaches
system of providences is specially adapted to our nature in this respect, or us by His
we to it. Had the Creator etablished everything in nature by laws facile
and systematic to our comprehension, we might have come to infer that
the universe needed no Sovereign to regulate it; which erroneous idea
Paul counteracted so beautifully when the heathen Lycaonians would




200                 Our Fcederal  Union: State Rights andI Wrongs.
o Tnhe Con- worship him  and Barnabas for curing a lame man; and stopping their
idolatry, he preached to them  of-the true GOD:
Acts xiv, 1T.   Nevertheless he left not himself without witness, in that he did good, and gave us
rain from heaven, and fruitful seasons, filling our hearts with food and gladness.
Go'S goodA- iAs opportunities occur, casual to us, the providence of GoD seems to
ness in His
providences.  interpose for our ]benefit; rand in the direction of the weather, the most
uncertain of all things to our senses; and in the particular character of the
different seasons, so varying from' year to year, do we see unmistakably
that some beneficent power must govern.
nfinitfecont-!If a single event is controlled by Deity, every event must be likeby Deity.    wise.  What are to us great affairs, are often traceable to what we term
trifling incidents.  Said our Saviour:
Matt. x, 29-33.   Are not two sparrows sold for a farthing? and one of them shall not fall on the
ground without your Father. But the very hairs of your head are all numbered.
Fear ye not therefore, ye are of more value than many sparrows.: Whosoever therefore shall confess me before men, him will I confess also before nay Father which is in
heaven. But whosoever shall deny me before men, him will I also deny before my
Father which is in heaven.
H.ow these       How vast, how unutterable the thoughts these simple and beautiful
shoudimpress words unfold I  To think of a Being who from eternity must have known
the dropping of every sparrow; must have established the starting and
the stopping place of every breeze, as it bears along its course a solitary
How little we hair that had been ours!  What can we conceive of such a Being, either
ean cbnceiveo
faoo.cGODo   of His existence, of His nature, of His attributes, even of His works,
palpable as they are to our sense?   Shall' man attempt to pry into such
mysteries?  Because he cannot comprehend them, will he pronounce the
Divine existence a lie?   Rather let him  bow in profoundest humility,
worship and adore.
GoD'sconde-     Yet even this glorious Being condescends to be our Got.  By His
sn.  Son, the second person in the incomprehensible Trinity, has been given
the above most precious promise;. and  oh, consider the  alternative!
Fellow  sihnerl are you confessing  or denying the LORD who bought
you? 1
_usnb. xxiii,    God is not a man, that he should lie; neither' the son, of man, that he should
19.        repent: hath he said and shall he not do it? or hath he spoken, and shall he not
make it good?
Them diguity of    Not one of the least incomprehensible of Divine truths, if it be proper
man in that he
can honor    to use the comparative in infinity, is the fact that such insignificant creaJssovxss.
tures as we seem to be in the scale of creation, should be able "to honor
Religious tol-   1 The boast of our country, is its toleration in religion. We are divided into various sects, and
eration our   Protestants think Catholics have strange errors as to the Virgin Mary and transubstantiation;
glory.      some Trinitarians think no Unitarian can truly love our Saviour; and some Baptists think a
faithful Christian must be immersed. Yet the, members of our various denominations, and many
attendants upon their worship, consider themselves Christians, and we all adore the same GOD,
believe in the same Bible, however much we fail to practise its precepts.
Our de-pend-    Never has there been an occasion in our history, when Christians of every denomination
inC onr present should so realize their dependence on the Almighty arm, as now; and the writer has believed ever
exigencies.   since he began this work, and the sentiment has constantly grown upon him, that if our country
Duty to GoD  is to be saved, it is to be through the influence- of RELIGION. Nothing but a true sense of our duty
to govern us. to our GOD and Saviour, our KING JEROVAI, will govern these excited, erring individuals, which




introductory Con-pend.                                                201
-jEHOVAHE.  Yet has He  most graciously  declared  and with  a precious ~ 22. The Con
elusion.
promise, in  the passage already quoted, "Them  that honour me, I will
honour."    Surely is there a character, a worth, an excellence in humanity, 1 Sa. ii, 30.
of which we have little conception.
And God said, Let us make man in our image, after our likeness: and let them Man made in
have dominion over the fish of the sea, and over the fowl of the air, and over the GOD' Iimage.
cattle, and over all the earth, and over every creeping thing that creepeth upon the
earth.  So God created man in his own image, in the image of God created he him; Gee. i, 26, 21.
male and female created -he them.
Is it supposable that, with  all our imperfections, we are able, in the Man unable to
appreciate his
slightest degree, to  appreciate  the  august truth  that we live, the very dignity.
":image" of the Infinite Creator?   Such is the  solemn fact, and  so inmportant is it that man should comprehend something of his nature, that in
this succinct account of the majestic work of creation, is it thrice declared
Thrice dethat man is " the image" of GOD.  Again  does GOD repeat it to Noah clared to be
C'in the image
after leaving the ark.   In these mortal bodies-in which we are clothed as of GOD,"
a punishment for our transgression of our Sovereign's righteous Law, we -and again
repeated.
can  little  realize  what we  are, what we  are  to  become;  and  yet,
wretched, fallen  creatures that we are, let us endeavor to conceive something of the dignity of our existence "in the image" of the immaculate
JEHOVAHI; of being  heirs, coheirs with the Son of GOD to the throne of Heirs of God,
joint heirs
the universe.   For,                                                                       with Christ.
The Spirit itself beareth witness with our spirit, that we are the children of God: R en. viii, IO,
And if children, then heirs; heirs of God, and joint heirs with Christ.
And while we debased  our immaculate "image" in  the  fall, it has Our "image"
not destroyed
not been destroyed.   This is proved by GOD'S reason given to Noah, the by the fall
second  father of this Caucasian race, for the infliction of capital punishment:
Whoso sheddeth man's blood, by man shall his blood be shed: for in the image of Gen. ix, 6.
God made he man.
constitute these States. And though decided in his own belief, hie would grasp as affectionately All Christians
the hand of a colaboring Catholic or Universalist, as of a Presbyterian. A11 are, or should be, to be coequally zealous to preserve our free institutions, whose highest glory is religious toleration. And laborers,
the toleration should not be in words, in form merely; but in the spirit, in the heart.
The writer being known to many in the West as a Presbyterian, and his main object having -of all denom.
been to inculcate the necessity of correct theories, which is even more essential in religion than in inations.
politics, it might be inferred that he only addressed those as Christians; who are usually denominated orthodox.
To a considerable degree, the writer appreciates the importance of correctness in theory; and A correct thetfthat, as Peter enjoins, every Christian should be "ready always to give an answer to every man ory important.
that asketh [him] a reason of the hope that is in [him] with meekness and fear." And as men 1 Peter iii, 15.
will differ about religion as about politics, divisions in the Church militant are quite as essential to Men will differ
peace and tranquillity, as in the political world; and seem alike approbated by Deity. The mem- in religion a3
bers of these rival churches, too, appear to be equally sincere in their piety and patriotism. in politics,
Therefore is this appeal designed for every one, of whatever name, who has living faith in Christ -are yet sinas his Saviour. All such, in the writer's estimation, are Christians, whether Church members or cere.
not, and are cordially, earnestly solicited as brethren dear and wvell beloved, to join their prayers Who ire adand their efforts, in saving our imperilled institutions. And it is a lamentable illustration of the dressed as
-imperfections of humanity, that so many who really love their Saviouri should fail to acknowledge  hristians.
Him. before men. Brother! could not you with propriety connect yourself immediately with one Neglectto pro-.....y~~~~~                  l~fess religion.
of the divisions of the army of our Heavenly King, and pray earnestly, fight manfully to maintain
toleration, by perpetuating this Federal Republic?




202               Our Fwcderal Union: State Rights and Wrongs.
1~22. The Con.    And yet against this most positive command, that has never been in
Man's disre-  the slightest degree changed, do impious wretches dare to set up their
gard of GoD  appeals for the pardon of the murderer; more impious still, are those
command to
use proper   baser rulers that dare to listen to their fellow mortals, instead of the Sovmeans to defend GOD's   ereign of the universe; arrogating to themselves to be better judges of
what is best, more perfect philanthropists, than our GOD, who gave His Son
to die to save the guilty murderer; not from temporal, but eternal death.
What is the use of having laws, and courts, and jails, and gallows, with
such contemners of justice, of the GoD of justice, as are some in Executive
chairs, who might with propriety be named?
Man thsuperior  Manll's superiority, even over the angelic host, is evident from Paul:
iheb. 1, 14.   Are they not all ministering spirits, sent forth to minister for them who shall be
1 Cor. vi, 3.  heirs of salvation?..   Know ye not that we shall judge angels?
Christ's death  But no truth in any degree illustrates GOD'S estimate of our worththe highest
proof of man's and He alone can comprehend it-which is at all comparable with the
worth.
worth death of Christ upon Calvary's hill.  Paul observes:
Rom. v. 8, 9.    But God commendeth his love toward us, in that, while we were yet sinners, Christ
died for us. Much more then, being now justified by his blood, we shall be saved
viii,'31, 32.  from wrath through him..   What shall we then say to these things?  If God
be) for us, who can be against us? He that spared not his own Son, but delivered
him up for us all, how shall he not with him also freely give us all things?
And; oh, with what majesty, befitting the exalted theme, does the
great Apostle to us Gentiles, pursue his argument I an argument which
seems to have no equal in written language.
GOD never      The GOD of infinite love and wisdom never made a sacrifice without
made an unwise sacrifice. a benefit most abundantly compensatory.  As with everything else, this
subject is entirely incomprehensible, that beings' of such dignity should
The grandeur have been created and then allowed to fall.  Yet even we can see, that it
of creating a
ftee will.    was a greater achievement to have formed a creature with a free will,
than a mere automatic machine, governed altogether by the will of'his
Man's fall, and Creator.  As a consequence, however, these lofty characters fell from
GoD's plan to
save him.    their high estate to a low degree of infamy, and GoD in His eternal counsels, revealed to us more through Paul's writings than any others, proThe atone-  vided a way of redemption for these beings made "in his image."  So
ment must be
infinite,   exalted were they, so enormous was the guilt of such characters in
revolting against the Sovereign' Majesty of Heaven, that nothing less
than a Divine atonement would suffice to restore the dignity of GOD'S
o accom plish broken Law.  And it seems quite probable, that for nothing else than
I may' have
been the cause man's salvation, was it necessary for GOD to divide up the exercise of His
of GOD's divisionofthe eetr- Sovereignty.  And Paul seems to teach, that when the work of redempeise of Sovereignty.    tion is complete, and death destroyed, the distribution of office in the
Godhead is to cease.
The division
may cease      Then cometh the end, when he shall have delivered up the kingdom to God even
when redemption is accom- the Father...  And when all things shall be subdued unto him, then shall the
Cbhrdxv, 24- Son also himself be subject unto him that put all things under him, that God may be
28         all in all.




Introdtuctory Compend.                                  203
However it may be, as to the division of the exercise of GoD's Soy- ~ 22. The Conclusion.
ereignty of which we shall learn ere long, we do know from the foreThe division
going passages and others, which we shall have occasion to quote in of the exercise
of Sovereignty
treating of Sovereignty, that the exercise of the Right of Command in to Father, Son,
and Holy
Heaven was divided up, the Son, the second person of the Godhead, Ghost.
assuming that of Mediator between GOD the Father and His rebellious The Son Mediator between
children.  The Son came to earth, assumed our nature, and by His death,s,,,d the
upon the cross, made such atonement for man's guilt, that the Father Father.
could pardon; and the Holy Spirit, the third person in the Trinity, The Spirit in.
operates upon the hearts of these rebellious children to bring them  back fes us
to love and to obedience. Do we need aught else to teach us our worth,
than the story of Calvary's sacrifice? the crucifixion of GoD's holy Son,
that we might be saved?
And what is required of these offenders to avail themselves of this what must we
do to be saved?
infinite atonement?
Then Peter said unto them, Repent, and be baptized every one of you in the name Acts ii, aS, 39.
of Jesus Christ for the remission of sins, and ye shall receive the gift of the Holy
Ghost. For the promise is unto you, and to your children, and to all that are afar off,
even as many as the Lord our God shall call.
Surely might it be expected that every man whose guilt had made will not all
men accept
the infinite Sacrifice necessary, would accept the atonement; that no one mercy?
would fail to reciprocate the Saviour's love, but with unfeigned repentance, would return to his allegiance to the Majesty of Heaven.  Yet so Some are too
depraved are many of these wretched creatures, that they not only
reject this salvation with contempt, but dare to defy the omnipotence of -bhid defanco
JEHOVAH, and constantly employ the life and health He gives them, in
rebellion against His high and holy laws; and they would endeavor to
prevent all men from loving and serving GoD, and make a very hell of -would make
earth.  To control this wickedness in some degree, is the chief object of
Government by man over his fellow, for which GOD has given us so much These must be
instruction in His holy Word.                                            governed.
This is man's probationary state, as most of us Christians believe; and This is man's
probation.
whatever is to be effected to restore fallen, depraved man to the pristine
glory of his creation, when innocent and holy he stood forth a perfect
man, "in the image of GOD;" whatever results are to be obtained for Man. fali ng to
repent in time,
the benefit of our race from the infinite atonement of our blessed Saviour, is lost forever.
must all be done here in this short hand's-breadth space of time.  If the
guilty sinner fail to accept here the offers of salvation, he sinks to eternal
Man easily led
woe.  And such is the proneness of man to sin, so easily is he led into astray.
the paths of folly, that it becomes of the highest consequence to remove
as much as possible all corrupting influences.  This should, equally with Object otf ovpunishing crime, be the object of Government, and the writer is confident, move tempas of his existence, that GoD's providence has led us to adopt the very
best system for this purpose that was ever devised.  As Christians shall For this our
Federal sysstudy into this subject, realize anew that we and our children are here to tern best.
prepare for a never-ending eternity, consider the worth of the toleration




204                   OurE' Federal Union: State ]Rights and Wrongs.
~ 22. The Con- which  our Governments afford, and  investigate  the  improvements  of
clusion.                                            I
Christian    - which  our compound  system  allows; will they never, in the South  or
shounldnotoep- in the North, consent to have our institutions jeopardized by permanent
ardize it by disunion.
disunion.
GOD has bro-      But Almighty GOD having waited on us, for seventy years, to correct
ken our compact.         our error and  acknowledge Him  in  our Federal Compact, He, by His
providence, has allowed it to be broken, to be annulled forever.  Each
Each State at of these States is now  at liberty to form  another compact, being obliged,
liberty to
frame another, however, to. provide its, portion  to meet existing obligations incurred in
the old Union. Until they shall have seceded, are they liable for their
-might join  proportion of all Federal engagements.  Each State  is at liberty, even,
the Confederate States, who to join the Confederate States, with their consent, which, as chief among
recognize GOD,
but probably  several improvements in  their Constitution, recognize in the  preamble
will not.
their dependence on Almighty GOD.  But for us to  go  to them, is no
more to be expected under the circumstances, than for the South to return
to the old Union.
A Conhveltion     A  Convention must be held of delegates from  such States as please
to be held.
to send, as in'87. -Various important changes will be considered,'
Probable        n It has been the design of the writer, under a sectional head, Improvements to be made, to
c han-es in the suggest the propriety of various changes, and the reasons for them, which this Providential rupture
new'Union.   of our Union gives occasion to consider. But this Compend is already too long, and considerable
space would be requisite. Indeed, all the facts and documents and views that will be presented
here to discuss in this entire compilation, and many others, need to be well understood to discuss the subject of
therm.       changes. There is one point, however, that will no doubt deeply impress the reader, as it already
has the writer, as he pursues the investigation, and sees more and more the excellences of the
Changes must                                            I
be moderate.  ssystem we now have, which is, that we must be slow to make alterations. "Let well enouqls
alone," must be our firm resolve; and we shall have a great deal of wise counsel to be prudent in
fundamental changes in Government.
Taxing ex-      The taxing of exports has already been suggested; also a change in the Judiciary. This great
ports.        balance-wheel of our system  is to be more properly appreciated, and placed beyond the reach oif
The Judiciary. political influence. The Constitution might provide for dividing the country into ten or twenty
This great hbal- districts, each with its Judge to be appointed as now, with liberal salaries, to constituta the.neTwe wheel   Supreme Court, and not perform circuit duties. Inferior Courts and Judges to be establlhed.
must be made Let no Judge of a Federal Court be ever eligible to any other office of trust or emolument of a
secure.      State or of the United States, except promotion to a higher station on the bench. With csreful
safeguards against injustice to the Judges in occupancy, provide that each twenty years )r so, the
Districts should be rearranged according to population, perhaps somewhat increased in number,
We can have such a tribunal, as that every Citizen, every State, will be perfectly sure fJf justice
Its dignity.   being done, and it will soon become the most eminent Court of Christendom. What fls honor to
be a Judge of the Supreme Court of the           States, according as the new Urn.)l shall be
entitled I
Equality of     The question, too, is again to arise, as to the equality of votes in the Senate, in whih the small
votes in the   States will not be able to govern the large ones against all justice, as they did before. But there
Senate.       are important considerations as to expediency, as well as to right and justice; and thouh the
A. change,    writer as a western Citizen was naturally inclined to favor the equalizing of votes in the Senate,
though right, as in the House; yet as the investigation has proceeded, he has become more and more doubtful
may be inex-  concerning it. Not that he deems it important to give the large and small States each the same
tpedient.    power in one branch of Congress, to guard against consolidation, as did Luther Martin, Patterson,
Yates, and Lansing and others; this subject of State rights, State Sovereignty, will never again be
The West can misunderstood as it has been, and there will be no danger of consolidation. But the West is soon
rule the whole to have the power, and will almost rule the whole country. It surely would, if the States are
country..     allowed votes in the Senate according to population. We shall have power enough in the West, in
any event, for our own good, for the good of the country; so that while it is reasonable and just
The enmity of that the Senatorial representation should be equalized, its expediency seems a doubtful question.
the South to  TheSouth would no doubt like at this time to strike down the power of New England; and to
New England. many of their Citizens, it would remove one of their strongest objections to reconfederating with
Changes not to the North, to alter the Senatorial representation. But the changes must not be made to gratify
be made to. present enmities and spite, but with broad statesman-like views, arranged for a Union that shall be
gratify spite.  Continental. We in the West love power as well as any body, and the South know that on the
chief subject of our Federal Union, that of taxation, we shall be with them, and they may be glad




Introductory Com~pend.                                               205
some of which  may be distasteful to particular States, and all may not ~ 22. The Con..at once  come  into  the  new   Union.   But it is  believed  the  chief Changes to be
States, both in the South and in the North, can agree upon a Constitu- made.
Chief States
tion; and if any choose to  try an independent existence for a while, it can form a'will probably prove no detriment to the permanency of the Union, when new Union.
ultimately they may return.   And  no  State will be allowed to shirk its Statesmany
join or not,
quota of existing obligations, whether of the Confederate or of the United bit ca:niot
shirk. their reStates. There will be strength enough in the new Union, if one be prac- sponusibilities.
ticable, to protect against any such injustice.
And  in conclusion, we have a proposition to make to Christians' in A proposition
to Christians..the South and in the North, which the writer would premise by remark-,ing that the last sermon he heard from  his pastor, was upon the efficacy
of prayer.   Mr. Patterson  remarked  that Christians, both in the  South l sermon al.
luded to upon
arnd in the North, were earnestly invoking the Divine blessing upon their the efficacy of
prayer.
respective  causes.   Both  parties praying with  faith, both  must be graciously answered; yet to give victory to the armies of one, was to bring How can GoD
answer the
defeat to  the armies of the other.  How  then was it that GOD could be prayers of
North and
faithful to His: promises, and answer the prayers of these inimical chil- South 
dren?:J:
Said  Mr. Patterson, in  substance, while  the  sincere Christian  prays ThetrueChrisfor "''''   "... ) ~~~~~~tian prays that
for particular blessings, which seem  to him  desirable for himself, his coun- GoD will Sc.
complish His
try, the world, he yet appreciates his fallibility;  and  he  addresses the purposes in
the best way.
Being who  knows precisely what is for the best; One who has the will
and power to accomplish whatever is desirable, and -in the best possible
manner.  So that the true prayer of the righteous man is strongest in the
desire, that even  his most cherished wishes may be over-ruled, if GOD
sees it to be best; and the substance of his prayer is, that the Sovereign
of. the universe will accomplish such  purposes, and in such ways, as He
shall judge will best promote the greatest happiness of man, the highest Such prayers
glory of GoD.  In this way, whether victory come to the  armies North lsvile answ Ored,
or South; whether Union or Disunion triumph, will the Christian's prayer whetherNorth
be answered by our never-failing JEHOvAH.                                                victorious.
to give us the-control.  But there are other questions to arise, in which it will be important for The other seethe other sections united, to be able to overpower the giant West. Inland, little interested tions shouldbe
directly in losses on the ocean, we may be headstrong and aggressive on other nations, in order to able to control
the west.
have war. The South, the Pacific States, the Eastern, should unitedly have always strength
enough, at least in the Senate, to outvote the West. But we. cannot here discuss this great
question.
Whether it be proper to inquire into the status of any subject within, a State, in apportioning The status of
representation and taxation, is to be another point not to be dodged. To make a whole negro in subjects, and
Kentucky, count only three fifths of one in Indiana and Illinois, seems to be an anomaly and slave repreinjustice; and it may be best in the new Constitution to ignore the negro question completely. sentatlon.
A general provision recognizing the principles of International Law, and providing that, if a dog or International
horse of other property escape or be carried for a time into another State, the rights of property Law to be
shall be protected, according to the laws of the State of which the proprietor shall continue to be a recognized.
Citizen, would seem to cover the whole ground, and enable our Southern cousins and brothers to
visit us and our watering places, with considerable more comfort and satisfaction than hitherto.
A good many changes are to result from the Providential breaking of this present Compact, The Starwhich must yet have its continuance by sufferance for a time longer. Hard -will some of them be spangled RBa.to bear, yet must they be cheerfully endured to bring a now and cordial Union.  Even the Star-  er mbay have
spangled Banner may have to give way to another emblem, that shall not speak of blood and woe   given 
to the hearts of our Confederates.




206               Our Fewderal Union: State Rights and  Wrongs.
lusion The Con-    The views were too reasonable, too practical, as are all the sermons of
clusion.
Daysoffasting that excellent and beloved pastor, not to have made an abiding impres.
and prayer  sion, and the entire two years and more intervening have they influenced
have been apoinhted in  the writer.  Never has a day been appointed for fasting and prayer,
either in the North or in the South, which has not been bailed with dewe do not  light.  Yet we do not witness results on either side which give evidence
have answers.
that we have offered, "the effectual fervent prayer of a righteous man
James vi, l   [which] availeth much."  Evidently, we have not had true faith in our
GOD, -which He has a right to expect of us above all others of the creatures that have existence "in His image," because of His unexampled
Have not   goodness toward us, all our lives through.  Instead of trusting the Altrusted God.
mighty Arm, we must have relied upon our poor selves to work out our
deliverance. Instead of being willing to take and to pursue GoD's plans,
we have been trying to make the Sovereign of the universe adopt our
The North re- methods to advance His glory, to promote our best good.  Many of us in
quire GoD to
destroy sla-  the North are determined, at all hazards, to raise to an equality with this
very.
our race, which exists " in thd image of GOD," the very lowest race in the
The South re- scale of humanity; and many in the South are determined, that at all
quire to be
separatedfrom hazards they will be forever separated from  such detestable wretches.
These are the extremes, no doubt, and few are they, who with such base
hatred in their hearts, haye dared to approach the throne of Love wvith
their accursed supplications.. But between these extremes have nearly
We have all all of us erred more or less.  We have not put our full confidence in the
own glory.   GOD of our salvation, but have wanted our own particular measures
adopted, that we as individuals, as States, as rival Confederacies, might
have the glory.
The fault must The fault must be in ourselves, for GOD has explicitly declared with
be ours. 
regard to his faithful children, that
GoD's promise   They shall not build, and another inhabit: they shall not plant, and another eatr
instantly.   for as the days of a tree are the days of my people, and mine elect shall long enjoy
the work of their hands. They shall not labour in vain, nor bring forth for trouble; for
they are the seed of the blessed of the LORD and their offspring with them. And is
Isaiak lxv,  shall come to pass, that before they call, I will answer; and while they are yet speak22-25.    ing, I will hear. The wolf and the lamb shall feed together, and the lion shall eat
straw like the bullock: and dust shall be the serpent's meat. They shall not hurt nor
destroy in all my holy mountain, saith the LORD.
Prayer —how    Here is another phenomenon in religion, which, like the many in
can it have
efficacy?    nature on all sides surrounding us, we have not faculties to comprehend.
How is it possible that the supplications of a fallen, depraved creature,
should have efficacy with the infinite JEHOVAH?  When GOD's decrees
have established unalterably, and from eternity, every circumstance connected with every creature in His dominions, how is it possible thit any
change could be made by prayer, whoever may be the offerer, whoever
the Intercessor? As we know not how the sun shines, yet are sensible
GoD's favor in of its genial influences, so does the Christian feel the rays of the Sun of
allowing us to Righteousness; and that these beings in GoD's image may have a part
ask for bless-sings ordained to them from eternity, our Father h
ings.     in obtaining the blessings ordained to them from eternity, our Father has




Introductory  Compend.                                      207
graciously declared, in connection with His rich promises to His People of ~ 22. The Conclusion.
old, " I will yet for this be inquired of by the house of Israel, to do it for Ezek. xxxvi,
them."  The Bible is filled with encouragements to prayer, and we too 37.
Privilege of
little appreciate our high privilege of being thus made co-workers with beingco-workera with GoD.
GOD in the accomplishment of His eternal purposes.  Bespeaks not this
our dignity?   And whereas the New Testament truths are chiefly addressed to man individually, the Old are applied more to man collectively.
States to be reAs Peoples, as States, must we worship and pray to our King, JEHOVAH, ligious.
and as States shall we be blessed.
The context of the above passage is so full of instruction to these GOD jealous of
Peoples, that a part must be quoted, and the reader should study and
ponder well the whole of it.  Our King is jealous of His honor; He will
have "pity for [His]' holy name."  How  debased is man, associated Man's guilt in
not honoring
man, that he neglects to avail himself of the high dignity accorded to Him.
him, of honoring JEHOVAH!I  And if GOD could reasonably complain
of His People of old for not honoring  Him, how  much  greater the
wrong done by us in failing to recognize Him  in our Federal Constitu- the Hebrews'.
tion, when possessed of so much more knowledge of Deity and of our duty
imparted by the later revelations, and when the claims to our allegiance
have been strengthened by the highest privileges ever bestowed on our
race. Says our King JEHOVAHBut I had pity for mine holy name, which the house of Israel had profaned among GOD's pity for
the heathen, whither they went. Therefore say unto the house of Israel, Thus saith His holyname.
Rzek. xxxvi,
the Lord GOD, I do not this for your sakes, 0 house of Israel, but for mine holy 21-38.
name's sake, which ye have profaned among the heathen, whither ye went. And I God operates
for His own
will sanctify my great name, which was profaned among the heathen, which ye have honor,
profaned in the midst of them; and the heathen shall know that I am the LORD, saith -which man
the Lord GOD, when I shall be sanctified in you before their eyes. For I will take dishonors.
you from among the heathen, and gather you out of all countries, and will bring you tinguished.
into your own land. Then will I sprinkle clean water upon you, and ye shall be clean:
from all your filthiness, and from all your idols, will I cleanse you. A new heart also To have a new
will I give you, and a new spirit will I put within you: and I will take away the stony heart.
heart out of your flesh, and I will give you an heart of flesh. And I will put my spirit GOD'S promise
to the sancwithin you, and cause you to walk in my.statutes, and ye shall keep my judgments, and tifiers of His
do them. And ye- shall dwell in the land that I gave to your fathers, and.ye shall be my name.
people, and I will be your God. I will also save you from all your uncleannesses: and Their great
I will call for the corn, and will increase it, and lay no famine upon you. And I will prosperity.
multiply the fruit of the tree and the increase of the field, that ye shall receive no more bThe humble fto
reproach of famine among the heathen. Then shall ye remember your own evil ways, their sins.
and your doings that were not good, and shall lothe yourselves in your own sight for GOD performs
your iniquities and for your abominations. Not for your sakes do I this, saith the not for man,
Lord GOD, be it known unto you: be ashamed and confounded for your own ways, 0 name's sake.
house of Israel. Thus saith the Lord GOD, In the day that I shall have cleansed you Therebuilding
from all your iniquities, I will also cause yosu to dwell in the cities, and the wastes waste places.
shall be builded. And the desolate land shall be tilled, whereas it lay desolate in the To be like the
garden of
sight of all that passed by. And they shall say, This land which was desolate is become Eden.
like the garden of Eden; and the waste and desolate and ruined cities are become The heathen
fenced, and are inhabited. Then the heathen that are left round about you shall know shall know the
that I the LORD build the ruined places, and plant that that was desolate; I the LORD — yet is man to
have spoken it, and I will do it.  Thus saith the Lord GOD, I will yet for this be inquire of GoD
e-quirWed of by the house of Israel, to do it             for these blesstl aired of by the house of Israel, to do it for them; I will increase them with men jugs.




2)08              Ouer Foederal UJnion': State Righis  and  l7rongs.
~ 22. The Con- like a flock. As the holy flock, as the flock of Jerusalem in the solemn feasts; so'US'ion.   shall the waste cities be filled with flocks of men: and they shall know that I am the
Great prosper- LORD.
ity to ensue.
We must have    Surely as that " GOD iS not. a man tlat He should lie; neither the
trusted to ourselves, have  Son of Man, that He should repent," must the fault be ours, that we have
sought to carry our owa  had to fight and pray, and pray and fight, for over two years, in order
purposes.   to obtain what we on both sides believe to be our just rights.  We have
fought in our own strength, have prayed Almighty GOD to accomplish
our own selfish purposes, not His; and how long must these Christian
Peoples pursue this course?  How. many more hundred thousands of
low many   our dear relations and friends, must be consigned to bloody graves-and
more victims
must be sacri- many of us have them who are falling, on both sides; often their spirits
iced before
we will    hurried from this world of probation to stand befoie the judgment bar of
change?
GOD, with their sins unrepented, no interest in the atonement purchased
with our Saviour's blood!   Oh, in GOD's name, how long: before these
Christian Peoples will consider their ways, and return to reason and to
duty I
the efficacytried  e have tried pretty effectually this plan of praying separately, and
prayers sep- we are very likely to be restricted in our faith, to our own peculiar views
arately, let us
now try them of what is right and expedient.  Let us now try another way and see
together.
what will be the effect; and this is the proposition we desire to make,
after having consulted several Christians in the North: it is, that when
the brethren in the South shall deem it advisable, they shall name a day,
The South to some two or three months in advance, to be observed as a day of fasting
appoint a day
of fasting and and. prayer, for GOD's enlightening influences, to enable us to -know our
prayer.    mutual rights and wrongs; to strengthen us to do our whole duty at any
sacrifice; to give us hearts to make all atonement within our power; and
to preserve us from like guilt in future.
The North will'We in the North will observe it for like holy objects; and we might
observe it, and!probably    reasonably expect -Christians of the mother-land and on the Continent, to
Christians
throughout  join their prayers with ours, that if Consistent with GoD's  holy purthe world.
poses, this grandest experiment in free Government should not be jeopardized by disunion; and yet fervently will they and we in the North
add, in the memorable words of our beloved Saviour, in His darkest hour,
"nevertheless not- my will, but Thine be done."  We can, we will trust
the GOD of Israel and of our fathers, for every good, whether for time or
for eternity.
The Hebrews    The Hebrews, too, will unite with Christians in earnest prayer to the
will also observe it.    GoD of Abraham, Isaac and- Jacob; to the Infinite Author of our system
of Government, for the preservation of this example of the form which
was given by Him to His chosen: family of our race, their fathers, thousands of years agop..      -:
Let our united supplication be, GoD DEFEND BTE RIGHT.




MOB RULE AND STATE SOVEREIGNTY.
THESE two species of authority are totally incompatible. One or the other
must be master. And of all men, the honest poor man is most deeply concerned in putting down the former, in exalting and establishing the latter.
It is the misfortune of Cities to have an undue proportion of ignorant
population. They are also the chief resorts of knaves and villains of every
description. A large part of the honest and ignorant, as well as of the
knaves, are foreign born, and have come hither with vague ideas of liberty,
deeming it their privilege and right to do whatever they please. Nor do
native-born, intelligent American citizens properly instruct themselves or
foreigners in their rights and duties. Recently, a leading conservative paper,
discussing the topic of allegiance, affirmed the word had no significance in
this country; that we were not subjects, but were all Citizen-sovereigns.
Because of this entire ignorance of the plainest and most important principles of our Government, do we witness such lamentable occurrences as the
mobs in New York City from the 13th to the 20th July. The thieves and
robbers, taking advantage of such teachings, and availing themselves of
popular prejudices, as against the conscript act, work upon a few of the
lowest and most ignorant of the population and incite them to riot, that the
real instigators may rob and plunder. How can it be expected that the ignorant can have proper knowledge of duty and be submissive, when taught
they are no subjects, but actual sovereigns?
No one is a sovereign in this land of equal rights. Sovereignty, the
RSight of Command, is in the possession of the People, the body of the Citizens of each State. To that Sovereignty does every individual within the
boundaries of that State owe allegiance. Should one of these States grant
away its Right of Command to a select few, an Aristocracy, as in some of the
Swiss States, allegiance would be due to them; should it convey it to one, as
in Britain, or Russia, allegiance would be due to the Monarch. Every individual in these States, from the President to the pauper or convict, is a subject of the State Sovereignty where he resides, and to it owes his allegiance.
These Sovereignties have created their State Agencies, by which they
exercise their Right of Command in most affairs of Government. They have
also joined together to create a Federal Agency for certain defined purposes
of Government, and they wisely permitted this Agency to operate directly
upon their respective subjects. This feature is, indeed, one of the most notable, important improvements in Federalism which we have made, and does
not, in any degree, "nationalize " the system, as Madison imagined. To be
able to protect against aggression, the Federal Agency must, in periods of
emergency, have the control of the militia, and with cautious safeguards in
the appointment of officers, was it granted. Congress has the power, and
very properly, to compel from each State its quota, and the officials of the
State Agency would violate their allegiance to their Sovereignty, did they in
any way interfere, so long as the Federal Agency duly observes the restrictions of the Constitution.
Because Congress has wisely or unwisely incorporated unpopular provisions in the conscript act, as in the $300 clause, affords not the least excuse
for resistance to the law; and if there be in the law essential wrongs, we have




Jfob Baule and State Sovereignty.
courts provided expressly to remedy them. In this land of law and order,
never should forcible resistance to the laws be tolerated in the least. If any
of these subjects, enjoying the protection and high privileges which these
free States afford, can be so base as to resist lawful authority by mob violence, force alone should be used to quell it. A liberal use of powder and
ball, with well-directed aim —fire blank cartridges after the mob is dispersed
-is the only proper antidote. We su-e to have immense Cities in this
country, whither are congregating the vile and wickled fiom all quarters of
the globe. They must be taught effectually what they are to expect if they
dare to insult the august majesty of any of these free Peoples' Sovereignty.
When principles of Government are once understood in this land of liberty, not licentiousness, we shall have few -mobs; and the more summarily,
the more severely are they quelled, the less the likelihood of repetition. The
truest mercy, is the most extreme severity.
It has been the good fortune of the writer, to have witnessed the rise of
a City. The hundred or two of souls that in 1832 lived about Fort Dearborn,
have increased to 140,000, and possess a fair character as the City of Chicago.
She has many circumstances to which she can refer with pride, but none
equals the proud day of her triumph over passion, when her excitable,
mercurial population, so nobly stood by law and order, and resisted the
temptations and provocations to violence, consequent upon the outrages, by
misjudging military officials, of sacred rights and Constitutional guarantees,
in attempting to destroy the freedom of speech and of the press. And may
our worthy Citizens never permit the glory of that day to be dimmed by
any outburst of popular fury. Let Chicago, every City of the West, resolve
through all this trying ordeal, to stand by law and order. Let there be no
violent resistance of any tyrannical act, under any circumstances, unless
attempts be made by military usurpers to interfere, in some way or other,
with the expression of the sovereign will of these Peoples, through the
ballot box. In that event, which may GoD forefend, let every Citizen defend
his sacred rights to the death.
IBut fortunately for the future of our country, the political power is not
now, is not hereafter to be, in Cities, which are most liable to mob rule. In
the rural population, the little towns and hamlets, are the votes to be given
that will direct the affairs of these existing Federal Republics, of the new
one which, with GoD's blessing, is in time to be organized. The strongest
ground of trust in the permanency of our institutions, under Providence, lies
in the fact, that so large a part of the Citizens of the Federal Republic that
is to be, are Farmers in New York, Pennsylvania, the South, and swarming
in the West. And although immense Cities are speedily to arise here, within
a half-century or so outstripping any on the sea-board, they will have little
power against the dense population yet to occupy a country of such unsurpassed fertility, extent, and resources. It will not be denied, that the future
power of this Continent, lies in the great Northwest; nor will it be questioned, that it is a precious boon of Providence, securing in the best possible
manner the safety of all sections in the exercise of that power, that agriculture is, and must be indefinitely, the predominating interest of the West.
Can any section, however highlyv favored and prosperous, find it advantageous
and desirable to be separated from the West?
Let us all through the West feel the measure of our responsibilities in
this trying, eventful period. Immense are our obligations to the old States,
particularly to the South. Let the young West avail itself of this grand'
opportunity to repay its debt of gratitude.