im i&Y'l* ¦¦¦¦'iiiii !ii':i!jyi!'if::;(!Ti iiiii!:!!;!;!!-;!;.;;:!;?^ I,- iliilaiiUUtllr •:' "lAl'Mi--^':r\V'-' J.tl If' YALE ?VNIVERS ITY * L I B R,A R,Y ? ?= =0 A True Vindication of nixe SoutK In A Review of American Political History By Tlxomas M Sometime U. S. Senator from Georgia Nc anson iNorwooi B= ^ copyright, 1917 BY The Citizens and Southern Bank, / AS Executor of the 'Will of Thomas M. Norwood Braid a Hutton, Inc. Printers. Stationers aAo Lithographers SAVANNAH. GA. CONTENTS Introduction i-xvi Chapter Page I. — Origin of the Puritans T n. — Of the Period Preceding the Exodus from England 7 III. — Puritan Fanaticism 9 IV. — Puritan Nomenclature ; 13 V. — Puritan Nomenclature (Continued) 23 VI. — Slavery in Massachusetts 27 VII. — Slavery in Massachusetts (Continued) 36 VIII. — Slavery in Massachusetts (Continued) 45 IX. — Adams on the Puritans J 52 X.— The Situation in 1860-'61 ^_ 62 XL— Daniel Webster 66 XII. — ^As to Webster's Oratory 75 XIII. — Webster as Statesman and Patriot 86 XIV.— Mr. Webster's Moral Attitude Considered 93 XV. — ^Remarks on Webster's Reply to Hayne 100 XVI.— Webster's Reply to Calhoun Considered 109 XVII. — ^Further Discussion of the Reply to Calhoun 119 XVIII.— Webster's Quibbling on Words 129 XIX.— The Facts Were Against Webster 137 XX.— Webster's "Parental" Fallacy -_ 145 XXI.: — ^Webster's Misinterpretation of the "Preamble" 155 Chapter Page XXII. — An Amazing Ignorance and a Suggested Speech — 159 XXIII.— The Eight of Secession , 167 XXIV.— The Law and the Pacts of the Question 179 XXV.— The Question as Viewed in 1787 186 XXVI. — Secession a Concrete as well as an Abstract Right_196 XXVII.— The Right Way to Determine the Question 202 XXVIII. — Sovereignty and the Law of Nations 205 XXIX.— The Human Law of Highest Authority 214 XXX. — The Author's position Tested and Sustained by Hypothetical Cases 225 XXXI.— What the Federal Government WaS and Is 236 XXXII.— The Difference Between "Delegated" and "Granted" 242 XXXIII.— About the Word "Perpetual"— A Medley of Law and Fact 244 XXXIV. — Some Comments on a Letter of Chief Justice Marshall 250 XXXV. — Sovereignty and Allegiance 256 XXXVI. — Sovereignty and Allegiance (Continued) 266 XXXVII.— Citizenship 271 XXXVIII. — More as to Sovereignty — The Most Signifi cant Amendment 274 XXXIX— Abraham Lincoln 281 XL. — Lincoln Viewed in Different Aspects 286 XLI. — ^About Lincoln's Public Record, and a Puritan Abolitionist's View of Property and Title 291 XLII. — Lincoln and the Chicago Convention that Nom inated Him in 1860 — Seward, Beecher, Parker, and Other Abolitionists and Anarchists 300 Chapter Page XLIII.-— Of the Lincoln-Douglas Debate — Quotations from Lincoln's First Inaugural Address : 306 XLIV. — ^Lincoln Becomes a Usurper and Inaugurates War__313 XLV. — ^Lincoln on ' ' Universal Law ' ' and the ' ' Perpetuity ' ' of the Union 323 XLVI. — ^Lincoln's Learning as a Lawyer Tested — His Contradictory Positions ' : 332 XLVII. — The Latin Maxim, "Facit Per Alium Facit Per Se," Applied to Lincoln 341 XLVin.— The Cunning and Treachery of Lincoln 350 XLIX. — ^Lincoln's Deception of the People North and South_360 L.— ^A Supposed Soliloquy 366 LI. — Testimony of Personal Intimates About Lincoln 370 LII. — ^Northern Faithlessness and Lawlessness 378 LIII. — ^Riot of Lawlessness and Corruption — ^Profit and ^ Loss of the War 382 LIV. — Thieving, Swindling, Bribery, Perjury and General Corruption Rampant in the "Party of High Moral Ideas" 390 LV.— The Social Loss 399 LVL— White Subjugation 406 LVII. — John Brown — A Brief Essay on a Small Subject 409 LVIII.--John Bro-wn (Continued) 417 LIX. — "The Great Conspiracy": A Rollicking Romance by John A. Logan — 426 Appendix. — Lincoln's Letter to Mrs. Browning; A Back woods Wedding Comedy Staged by Lincoln; Some Separate Paragraphs on Lincoln, Thaddeus Stevens, Beecher, Parker and John Brown; Dis union Resolutions at Worcester, Mass. ; Rev. Dr. Fuller on Lincoln; Lee and the Confederate Soldiers ., 437-450 Errata 451 PREFATORY NOTE Thomas Manson Norwood was born in Talbot county, Georgia, April 26th, 1830, and died at his home near Savannah, June 19th, 1913. Between those dates he had been for fifty years a prominent member of the legal profession in his native State, had served it as legislator in the council-chambers of its own capitol and in both branches of the Congress of the United States, and had presided for twelve years on the bench of the City Court of Savannah. At the time of his election to the State legislature he was a private soldier in the military ser-vice of the Confederate States. Judge Norwood's schoolboy years were passed at the CuUo- den Academy, long a f amoTls educational institution of Middle Georgia; and his collegiate education was received at Emory College, Oxfordj Georgia, where he graduated in 1850. Twenty- five years later he returned there as a senator of the United States, and delivered the address from which is taken the beautiful tribute to Lee that is printed in the appendix in this book. A year or two before the alumni address he had made a notable speech in the Senate on the "Civil Rights Bill" — a measure devised by Republican party leaders inspired by ani mosity towards the South, then prostrate and bleeding under the rule of that sectional party, whose course had brought on the War Between the States, with all its horrors and lamentable consequences. His "Civil Rights" speech, as it was called, gave Senator Norwood great prominence throughout the South, especially, not only because of the force of its argument, but because also of its felicitous satirizing of a measure so obnoxious to the Southern people. During the rule, following the War Between the States, of the Republican party in the South, when the elective franchise was taken from an educated white population of the highest type of civilization, and given to an uneducated black popula tion of the lowest type, controlled in their exercise of the franchise by the white political adventurers from the North (called carpetbaggers) and the few native Southern whites (called scalawags) who were Republicans for revenue (of which two classes, in addition to the negroes, the Republican party in the South was composed) ; — during that dark period of American history, when that combination of such unsavory and infamous memory was — ^with the backing of the military power of the United States Government — in political control of the Southern States and holding its orgies in their capitols, one of its members was installed by it in the office of Governor of Georgia. His name was Bullock. He was a Northern man, and had been in the employ of the Southern Express Company a* Augusta before his political associates — ^the negroes, scalawags, and carpetbaggers — elevated him to the Executive Chair of the Empire State of the South. This Republican "Governor" and his Administration af forded an inviting field for Mr. Norwood's pen and his distinc tive style of sarcasm and invective, and he availed himself of it in a series of newspaper articles, over the signature of "Nemesis," that attracted more than State-wide attention and the authorship of which was for some time a subject of much and mistaken conjecture. Not long after their publica tion the ci-devant Express agent resigned the office of Governor and fled the State, which then came again into the hands of its own, and the writer of the "Nemesis" articles was sent to the United States Senate. Judge Norwood was a Democrat "after the most straitest sect" of t^e Democratic political faith. He believed it to be a cardinal principle of that creed that governments derive their just powers from the consent of the governed. He knew that that principle was proclaimed to be a self-evident truth by the Declaration of Independence, written by the father of the Demo cratic Party. He believed in the principles of State Sovereignty and State Rights, as they were set forth in the Virginia and Kentucky Resolutions of 1798- '99— of which James Madison and Thomas Jefferson were the authors, and that were asserted by others of the founders and foremost statesmen of the Republic. He knew that those principles constituted the corner-stone of the American Union — ^the political edifice of whieh those patriots and statesmen were the architects, and that all the facts of its history show that that Union was not established by force — was not a government of force, but was a voluntary union of independent States. Eoiowing these great fundamental truths of American his tory, he never questioned the right of a State to withdraw from that Union when to the State its withdrawal seemed necessary to secure its unalienable rights and its safety and happiness; and when the Northern States began and waged a war of coercion against the Southern States for having withdrawn from the Union when it seemed to them that withdrawal was necessary to obtain such security, he held that they — the Northern States — ^by that war wrongfully assaulted and violated those principles, and that the Southern States rightfully defended them against that assault ; — that the South was right in its loyalty to those principles and the North criminally wrong in its disloyalty to them. And such, it can with entire truth be said, is the conviction of the living descendants of the men of the South who fought for those principles under the leader ship of Robert E. Lee. They know that the result of that war — of twenty-two States against eleven Statesi — showed where the might was. They are equally sure that it did not show where the right was. The great illusion of the age — the notion that power could make right — has not found lodgment in the souls of the sons and daughters of Confederate sires. In his old age Judge Norwood bethought him to utilize the leisure that came with retirement from public life by writing a "book to establish" (as he says in the Introduction) "the justice of the South 's action before, during and after the War of Abolition between the Northern and Southern States in 1861- '65. ' ' With characteristic resolution he began work upon the purposed book ; but neither the mi^d nor the body under the weight of eighty years can work with the vigor and endurance of an earlier time. Years steal strength from the one as from the other, and Judge Norwood had to yield to the encroachments and infirmities of age, and to answer the final summons, before he had brought his manuscript to the state of completion he contemplated, and arranged it for publication. What he had written, though, was enough to "prove his case," and to make the volume now published in accordance with his testamentary direction, under the title designated for it by himself. Time did not weaken Judge Norwood's sehse of the crime of that war^on the Southern States. It did not weaken nor soften his memory of the physical and mental suffering, the cruelties, horrors and agonies, inflicted by a devastating war on their people — and his people — only for their loyalty to primal American ideals consecrated by the blood of their Revolutionary fathers-r-only for claiming and contending for the right of political self-government proclaimed by the Declaration and won by the Revolution of '76, of which they sought not to deprive the people that attacked them. He neither forgot nor forgave that war's violation of the basic vital principle of repiublican government and of the American Constitution, nor the irreparable wrongs and calamities to his own State and section that followed in its wake ; and while the fact that he wrote under the unabated influence of a vivid recollection of thos6 Calamities may properly be considered and given its due weight in connection with his characterization of , individuals whom he believed chiefly responsible for them, it does not invalidate the indisputable historical facts in the book, which — alone, in and of themselves — constitute a vindication of the South. T. K. 0. INTRODUCTION The chief purpose in writing this book is to establish the justice of the South 's action before, during and after the War of Abolition between the Northern and Southern States in 1861-65. I regret deeply that some one of our able Southern men has not presented the law involved in the struggle be tween the free and slave States as I shall endeavor to give it. This regret does not arise from loss of wha.t might be the effect on the minds of people lof the North. It is because the young men of the South have, to some extent, been left to draw conclusions from the mass of falsehoods slandering their forefathers that have issued from the Northern press, in books, magazines, weekly and daily papers, school-books and diction-. aries for three-quarters of a century, but especially since the year 1861. I purpose to show that the South was in the right and was justified in every issue between her and the North, from the first division between them when a geographical line was drawn and the associated States were designated by the words — ^the North and the South. I purpose to show that in 1865 the Northern and Southern colonies were two distinct peoples, of different origin, although from the same island ; that in temperament, education, opinions on government — ^political and ecclesiastical, habits, training, mental and moral, tastes and conduct, they were antipodal; that these fundamental differences existed during the Revolu tion of 1776, and when the Constitution -was agreed to; and ' that they have .continued to this day. ' If these statements be true I do not suppose there can be cavil over the conclusion that the union of two such peoples to establish a common agency to conduct, in many respects, their individual busi ness, was an egregious blunder. The open history of the States under a written agreement made in 1787 is a demonstration of that blunder. Two peoples who can not live together without constant wrangling, abuse, fighting, aa|d wholesale murder should never come together. When religious fanatics claim that negroes they hold in slavery are personal property, and sell them to others and guarantee the title, and afterwards demand of the purchasers to free those negroes, and — only because the demand is re- fused-T-muster men and with arms kill the masters and free the negroes, argument is not needed to prove on whose hands is the blood lof Abel. I anticipate a denial of the fact that negro slavery caused the war, and the assertion that Secession caused it — by saying, I am not now attempting to give what the Abolitionists and Nationalists assign as the cause. They shut their eyes to all the wrongs done to the South during sixty years before Secession, and fix them steadfastly on the proximate cause, Secession, and assert that there would not have been war if the Southern States had not seceded. This is only surmise. Who can tell what would or would not have occurred had Secession not occurred ? It is folly to reason with one who assumes to prophesy what millions of fanatics obeying no law, human or divine, and who were encouraged, upheld and protected in deeds of lawlessness, theft, and even murder, by a majority of Legislatures in fourteen Northern States who enacted "Personal Liberty, Laws" — would or would not do at any time. But this is not the place to enter fully into that quiestion.. It will be taken up at the proper time. The responsibility for the disruption of the Union and the butchery of a half-million men, the anguish of millions of mothers, wives and children, and the destruction of the Re public, will be fastened on the guilty, and in this book I have contributed my mite to aid in fixing that guilt. Others will follow and take up the work. The question is one of Law, and Law .alone can and will settle it. In all the writings by the Nationalists and all others in the North, not one, so far as I have read or heard, has ventured to discuss the legal views of the War. They all followed the Daniel Webster 'of 1830, and damn the Daniel Webster of 1850. The South reverses that order, and condemns Webster's speeches in ,the debates with Hayne and Calhoun, and holds that he became convinced ii of his ruinous opinions expressed in those two debates, and endeavored to atone in 1850 for the impending destruction of the Union caused by his speeches in 1830-3. The stock "argument" at the North has been patterned after the method of argumentation that is practiced by negroes in the South. In a quarrel between two negroes, the one who can bawl louder, talk faster and has the better ¦wind, and, especially, who can roll out the foulest, filthiest and most obscene words, strengthened at short intervals with .coarsest oaths, is always adjudged by the promiscuous audience acting as umpire, to be the conqueror. The parallel is perfect, except ing the adornment by profanity. Since the war the air has been burdened with declamation by slanderers, some so ignor ant they do not know the difference between a horse-chestnut and a chestnut horse — between a parallel and a parallax. Imi tating furious negro debaters and logicians in a quarrel, they have kept the air in rapid and violent agitation by exploding in it such bombs as "Rebel! Rebellion! Treason! Traitor! Conspirators! Conspiracy! The Great Conspiracy!" That argument growing monotonous and not being sufficiently stimu lating to the audience, these artists in vilification rise a few keys higher to C flat and screech "Arch-Traitor!! Architects of Ruin ! ! Damnable Heretics ! ! Villainous Rebels ! ! Archi tects of Anarchy ! ! Base Anarchists ! ! " One of these B'Ombast.es Furiosos, who for ten years has haxi his hand on the door knob of a lunatic asylum, in order to popularize his "Life of Thomas H. Benton," baptized Jeffer son Davis an "Arch Traitor," and not a few of these patriots for bounties, 6rst, and then, pensions, in annual camps, held to demand bigger pensions, decorated by their censure Robert E. Lee, calling him a "Traitor," and dreading to face him even in marble standing in the "Hall of Fame" in Washington. These mouthing logicians pay no attention to the wisdom of the Bible. It tells us "Evil communications corrupt good manners. ' ' Ever since the Puritan fanatics made the discovery that the negro is their equal, .and made him their companion and bed-fellow, and have received him into their families as a son-in-law, they have absorbed from him not only his ability as a logician, and his method of argumentation, but have acquired, also, two of his native and irrepressible talents; one Ul is, he. is so economical with Truth he starves it down to famine, and the other, his undying devotion to other people's property. Some of the Rebels and Traitors, when they read these compliments by Nationalists, are too much disposed to forget another wise precept of the Bible — "Answer not a fool accord ing to his folly, lest you, also, be like unto him;" for they, in abbreviated sentences, say some impertinent things about "Bull Run" — " Chancellorsville, three men to one" — "old women and girls hanged as witches" — "Quakers whipped," "ears cut off, and then hanged," — "white children sold as slaves just to get money, — women, preachers, teachers, stealing negroes," — "Treason and perjury in Personal Liberty Laws passed by Puritans," "Higher Law than the Constitution," — "Constitu tion a league with Death and covenant with Hell," — "Negroes made slaves by statute in Massachusetts, and law never re pealed," — "Statute of Massachusetts forbidding marriages of negroes and whites repealed, and now it's a playground and Paradise for yellow brats and gro-wn-up Bismarcks." Inferiors should not answer their superiors, yes, their supremes, in that manner. It is not respectful, even by' servants, but when Rebels and Traitors and Conspirators so far forget their subordinacy as to answer furious words that signify nothing Dy blurting out history, l^he offense is lese majeste, whieh amounts to treason. Besides, the truth hurts. The great lawyer, James L. Petigru, of Charleston, South Carolina, was once assailed by an irate man who called him a scoundrel. He said — "I didn't mind that because I knew it was not true. He then called me a liar, and I didn't notice him, as that was not true. He then called me a Federalist, and I knocked him down because that was the truth." The responsibility for that horrible internecine war can not be settled by epithets and abusive adjectives. They are the weapons of raucous fishmongers ; the scourings of Billings gate; the pointless arrows of vanquished Parthians; the final refuge of impotent malice; a confession of chagrin, mortifica tion and shame over failure to overcome a foe one-fourth in number, without refusing exchange of prisoners, without the aid of hired Hessians and negro warriors, and without brutally sacrificing the lives of brave men in prisons — companions in iv arms— -who had been cunningly duped into service to free negroes, by the cry — "Sa-v© the Union from destruction by Rebels and traitors!!" These word-mongers are so vengeful that, had they the power, they would not let it "do a courtesy to their wrath." They would, without the form of justice, with rope, hasten pell-mell to "the sour apple tree." They are the hei-oes who sleep as the battle rages, and then march in quick-step to the distant echoes of the drum-beat, to share the spoils with carrion crows and thieves. They revel in the toggery of mock heroics, and, mayhap, are brave enough to daringly head a corps of camp-followers on the perilous expedition to kick a dead lion. But— I "The little dogs and all. Tray, Bianch, and Sweetheart — see ! they bark at me. ' ' The purpose of this book being as stated, the aim of the writer is to find the truth of history. Knowledge of the history of the war waged by the Northern or Pree States against the Southern or Slave States, is not essential to arrive at the right or wrong of the war. The truth that determines the justice, or the right or -wrong of that struggle, is to be found in the history of all the States in the Union, that preceded the be ginning of that horrible and inhuman fratricide. When the truth shall be found we shall find the responsibility for that demoniac sacrifice by Mammon to Moloch on the hills and in the valleys of sixteen States. The right or wrong does not turn on facts alone. The key to the right or the wrong is what is known among civilized peoples as Law. That is the generic word. Its branches are Ci-dl Law, Constitutional Law, and the Law of Nations. It will be seen that all three must be invoked to sit in judg ment on the question of guilt or innocence in this case of the arraignment of Sovereign States. It will further appear that of these three Justiciaries, the Law of Nations is the Chief — the predominant — ^not only because it is the only law by which disagreement between nations can be settled, but be cause it is law of the highest authority that men have ever devised. It is the law which has been laboriously compiled line by line, precept upon precept, here a little and there a little extending through thousands of years, by sovereigns who had to agree to do justice in order to obtain security. In theory, by that law, the weakest nation or republic is in every respect the equal of the mightiest. The republic of San Marino, or the kingdom of Montenegro, before the tribunal of Nations, is as great as the empire of Russia. It is by this law the guilt or the innocence of one or the other party to that butchery must be determined. The cry of Rebel — Traitor — Conspirator — during the war served its purpose. As a slogan it was very effective, just as many a criminal has escaped by raising the cry of "stop thief." But that cry no longer avails, although it still reverberates in hundreds of anaemic folios as they fall from the printer's press and start out "like the tale of an idiot, full of sound and fury, signifying nothing." Of these dumb de- ciaimers — ^many now smothered in slumber by benevolent dust — speaking through printer's ink, some notice has been taken in the foUo-vdng pages. One — perhaps the Boanerges of this roaring multitude — ^has been of much assistance to the writer, not so much by what the man who fathered the book compiled by another, vindictively said, as by his inability to understand the effect of what he said. This pompous and laborious en deavor to vilify the South and all Southerners is "THE GREAT CONSPIRACY," by John A. Logan. If every utter ance of the charge of "Rebel — Rebellion — Traitor — Treason — Conspirator — Conspiracy" — each and all invariably with a capital initial — ^were a separate indictment, and his stentorian voice were proof of each charge, the South would be fairly depopulated, and her best blood would lie in cold obstruction by Henry Wirz and that poor old woman, Mrs. Surratt — the victims of national fury and suborned and suppressed testi mony. But the removal, by near fifty years, from that vociferation to stimulate what, by misnomer, was called patriotism, has made it inaudible to normal ears, and we care nothing for epithets and vituperation. We are before the judgment seat of impartial History. Reason, that fled to brutish beasts, is again on her judgment seat, is deaf to clamor and abuse, and calls for facts and law. The Allen clan that gathered in moun- -vi tain fastnesses and, descending armed to the plain, invaded the Temple of Justice and attempted to decide legal questions by powder and bullets, has learned that the "remple still remains, that Justice still presides, and that outraged law upheld by civilized men will vindicate itself by the hangman's rope. The Abolitionists, Freesoilers and Puritan fanatics who haled the Huns, the Bavarians, the Hessians, the Mafia and the Africans from their lairs to this shore, baited by a fraction of an as sassin's pay, to adjudicate a constitutional question, and to settle the Law of Nations by cannon, bullets, bayonets, and starvation in dungeons, after mobbing Justice and hurling her from the Temple, are learning that, though the greater number of cannon may overwhelm, they are not judges to determine laws by which every nation must be governed or perish. They are learning that the commands — "Thou shalt not steal" — "Thou shalt not kiU" — did not expire with Moses on the Mount. They are learning that when "the parents eat sour grapes the children's teeth are set on edge;'' that ¦w'hen fathers and mothers, in presence of their children, steal what their fathers sold and guaranteed to be property, the children are very apt scholars and have not dishonored their parents by refusing to follow their example. They are learning that the world, although "a mighty maze is not without a plan." They are learning that the Ear that hears and heeds the cry, from the ground, of the blood of one child, is not deaf to the cry of the blood of a half million of His children, and the cry of millions of broken-hearted -widows and beggared orphans. They are learning that He who laid the foundations of His footstool did not place Avarice as its cornerstone; did not exalt Greed, Selfishness, Injustice, Inhumanity and Oppres sion among its pillars ; did not take care of sparrows and for sake His last and highest creation — a little lower than His angels — to be butchered in Coliseums at the turn of brutal, pagan thumbs, nor to be murdered on battlefields and tortured to death in dungeons by Christian Mammonites. vu They are learning that "Righteousness" alone "exalteth a nation" and that fidelity to man is the highest evidence of fidelity to God. They are learning all these lessons, and shall learn many others, but they are very dull, stupid, refractory, obstinate pupils. Their insatiable appetites are too keen in devouring the luscious viands of Belshazzar's feast to raise their eyes, for even a hasty glance at the wall. The sound of revelry and the roar of commerce rushing through the streets drowns the rising hungry growl of St. Germain just below their feet. They have yet to learn the profound meaning of Him who announced the simple truth — "The poor ye have always with you." When building this footstool He laid no stone to be used to "grind the faces of the poor." He hears the Oily Gam mons, wily flatterers and cajolers of the poor to keep them at the grind, and through the thick blanket of the night He sees these hypocrites gather and combine to rob iby cunning the trusting victims of their flattery. This work deals first with the Puritan — ^the word being used in its collective sense. He is traced from his first appear ance on the stage of the world's theatre through the many scenes of his kaleidoscopic career down to the present time. Hq is exhibited in his multiform and contradictory views and attitudes. He will be seen as saint and as sinner ; as a fugitive from persecution, and the originator of worse persecution. He will appear in the white robe of Personal Liberty for aU man kind, and soon after as a pirate on the high seas capturing negroes to deprive them of personal liberty. Denouncing the Church of England as a persecutor of conscience, he rivalled the Inquisition in persecution of conscience; and neither sex nor age could mitigate his ferocity. It will be seen that from his fir^t disturbance of the public peace, centuries ago, two overmastering passions have marked his bloody footsteps to this hour, to-wit : Religious Fanaticism and Insatiable Avarice. From these two trunks have grown many branches, or collaterals. But, as they intertwine and at time bear fruit that may be assigned to either trunk, it is difficult to classify them. Among them, prominent and distinct, as products of his fanaticism, are Intolerance, Religious Perse- vui cution, Superstition, the hallucination of being God's Chosen People, and, therefore, of being in His confidence and counsel. From this branch, it will be seen, sprang the Puritan's peculiar and deadly system of religion — a Theocracy like that of the Israelites, and this offshoot ramified even to the length of christening his children with Jewish names, and other names of marvelous invention but indicative of the Puritan's holi ness. Another branch gro-wing out of his hallucination of close communion with God is his inordinate egotism that burdens him with the duty to regulate and direct mankind and the business of the Earth. Hence, his irrepressible itching, at times becoming violent and murderous, to intermeddle with other people's business. From this egotism springs another shoot. It is his claim of right to do what he will not permit others to do. The Puritan's insatiable Avarice, "like the stems and roots of the bamboo," is without limit and takes any and all direc tions. He became a bloody, cruel pirate on the high seas for two hundred years. When this wide field so full of revenuei was denied him by law, he turned land pirate, feeding on the white race, his appetite growing by what he fed on — and, as will be seen, that is still his chief sustenance and daily occu pation. It will be shown that when his slave-trade was for bidden and that feeder of his Avarice was out off, his religious fanaticism, assuming the delusive shape of philanthrophy, went out to the negroes he ha,d enslaved, and his pliable and elastic conscience prompted him to resort to theft as a justifiable means of restoring to freedom the slaves he had sold. But, far worse than theft, he resorted to lawlessness in every form; he repudiated the most solemn contract made by his ancestors, while enjoying its benefit^; he attempted to annul the Con stitution by acts of the legislatures; he damned his forefathers for making "a covenant with Death and an agreement with Hell;" he defied all laws that barred his will and purpose;, he finally made war on the men who had bought his slaves; he murd*ed a million whites to free three million blacks, and signalized iis venom, hate, malice and brutality by trying to force the master to be servant under his slave. is Running through this current of blood will be seen an illuminating and predominating streak of Avarice commingled ¦with his fanaticism. Philanthrophy, was the cry, but gain was the goal. The contrast between the Cavalier and Puritan is given. For this exhibition, Massachusetts and Virginia are selected as the typical colonies and States; the first settled exclusively by Puritans, the second mainly by Cavaliers. ^ I do not purpose to write or to rewrite a history of the Puritans. He is an enthusiastic novitiate, or has time to waste, or is one of the thousands of lineal descendants, who would, at this late day, attempt to throw a cheerful beam upon the dismal a.nd worse than erratic wanderings of the Pilgrim Fathers. To me the task is impossible. As I have said, thousands have tried to justify, or to exculpate the conduct of that special band of religious fanatics. Including histories, full and partial, sermons, magazines, pamphlets, platform addresses, speeches and lectures, I have estimated the defenders of that abnormal people at a very low figure. Indeed, in the brazen art of self -laudation they have no parallel in aU history. They have exalted themselves by encomiums to, the Seventh Heaven, ¦and, with sincerity, have been damned to the Nether Pit. A stranger, after wading through the tomes -written by the descendants and other advocates and defenders of the Pilgrim Fathers, is reminded of the Psalmist, who says — "Righteous ness exalteth a nation, ' ' and he feels the inferiority experienced by a dwarf suddenly translated to the land of Brobdingnags. But, when he turns to the story as told by those not of the Puritan blood, nor moved by its fanaticism and egotism, he discovers himself looking down on the pigmy race of the Lilliputs. The philosopher, statesman, or theologian who delves into the unnumbered volumes written in advocacy or defense of the Puritans, looks in vain for one broad, liberal principle that .could be adopted as the corner-stone, oi; arch key, to any system of philosophy that would be accepted by even the unthinking multitude; or for any principle that an advanced, rational peo ple would adopt as a part of their government; or for any view, or tenet, of religion that would not be flouted by any other people. Christian or pagan. They have occupied a niche far more conspicuous than ap- plausabk, in the history of England and America for three hundred and fifty years, and when the inextinguishable light, gloomy and darkly visible as it is, of those frantic and bloody centuries, is turned on the pages of those volumes in their defence, the philosopher, statesman and theologian are re minded of at least two notable records of filial devotion, one biblical, the other, modern. The first is the filial duty per formed by two of Noah's sons when they walked backward to hide the nakedness of their Pilgrim Father who had fallen imder the burden of a bacchanal debauch, and the other is the instinctive and devotional precaution moving each defender, without concert of action, before he begins his apology, to step to the closet, where hang the thousands of skeletons, and to lock the door hard and fast. Like the mediums who claim communion with the spirit world, they, too, turn down the light before the performance begins. One practices fraud on the spectator by commission, while the other attempts to de ceive the reader by fraud — dishonest by omission. One, in cataleptic rigor, from the weird gloom, throws on the scene a spectral hand or an imaginary form or face. The apologist calls from the dead centuries a ghostly host, invests them with the sacred robe of Samuel, and delivers an eulogium, that, if true, would raise them to a level with Christian — ^Bunyan's hero. One is of an imaginary man clothed by the genius of Bunyan with Christian virtues; the other is of real men in vested by deception and fraud with imaginary virtues. It has been said by credible 'authority that there are more readers of the Bible than any other book; that next in popu larity in Christendom is "The Pilgrim's Progress." It is my opinion that more books, pamphlets and stories have been writ ten, and more sermons and post-prandial speeches delivered on the Puritans than any other subject. One writer is credited with 382 books and pamphlets on this prolific provocative of the cacoethes scribendi. It is safe to say that np man or woman was ever so self-«aerificing as to read one-tenth of these productions. I have read not a few, and I have not found one of these histories that is fair, full and impartial. The large majority are by the Puritan Fathers and their descendants of the full or diluted blood, or by religious or political parti- XI cans. It is safe to say there was never such a loud cry and so little wool. This may be asserted — aiid the assertion made good by "profert in open court" — ^that these histories bear indisputable proof of carefully studied art to conceal the mul- tidudinous evil and to exaggerate the minimum of good the Puritans, did during the first hundred years of their free-hand in New England. Some of these -writers, called by courtesy historians, begin their stories at the landing on Plymouth Rock in 1620, some start when this religious sect was hidden away in Holland; some, when they were holding conventions at^ Scrooby, but not one that I have read follows them from their earliest known appearance, about the middle of the sixteenth century, through their devious paths in England and Holland, and along their bloody tracks in Massachusetts. Not one has dared to lay biafe their innate ferocity, their flinty asceticism, their cruel and deadly fanaticism, their boastful and absurd chauvinism, when patriotism was synonymous with the Puritan's creed in Church and State ; the weighing the value of their coimtry in the same scales in which they weighed the price of their slaves stolen in Africa and sold in Barbadoes,^ West Indies and the South; their hypocritical cry for freedom of conscience; the anomaly that they fled from England to enjoy personal liberty, and straight-way despatched hundreds of low-deck vessels to Africa to buy or steal negroes for no other purpose than to deprive these barbarians of their freedom; their persistent claim of their right to secede from the Union and denial that any other State had that right; their open rebellion for three centuries against all law§, civil and ecclesiastical, except thdse of their own making, or that conformed to their opinions and selfish purposes. There are some explorers in the field of occult literature who believe they have discovered in Milton's Lucifer a tribute to the Puritan character. On this occult ques tion I would not venture an opinion. But I do hot believe that Milton belittled the figure of Lucifer by taking the Puritan as his prototype. But, belief and conjecture aside, if the his tory of those Puritans who fled to Massachusetts, as written by themselves and their partissms, be ' true, Milton, in the rehellious attitude of Lucifer has typified the Puritan who "would rather reign in Hell than serve in Heaven." xii To the unbiased mind it seems that when these historians decided to write, and before they began, they went to the door of the closet where hung the skeletons of the innocent victims of the Puritans ' ferocious fanaticism, and of the many black thousands of their insatiate greed, and locked it hard and fast, and by some necromancy, or self-imposed hypnotism, or through subliminal control, they forgot all that was wicked, and cruelly and brutally criminal, and remembered only the few palliative -virtues that here and there were visible. Keep ing their sight steadfastly on the oasis far ahead, they over looked the dismal, dreary desert "where not a flower ap peared." The drama to be presented was known by all the audience. It had been rehearsed before the public thousands of times by unpaid thespians, and the leading actors were Dr. Jekyl and Mr. Hyde. Dr. Jekyl always appeared gentle, though uncouth; meek as Moses, wise as Solomon, strong as Ajax, brave as Agamemnon, humble as Francis of Assisi, continent as Joseph, more in the confidence of God's purposes and pro-vi- dences than the Prophets of old; a saint and martyr perse cuted by his King, the Pope, the Established Church, Luther ans, and Baptists, Calvinites and heretics ; while the real actor and hero in this bloody tragedy, Mr. -Hyde — ^who, to silence his accusiag conscience and to serve his God, hung men, women and children for opinion's sake, and, as head buccaneer of the Atlantic, battened between low-decks a hundred thousand negro slaves who starved and floated to death in their o-wn fllth and were fed to pursuing sharks from the shores of Africa, to Newport, Marblehead, Salem and Boston — re mains tied behind the scenes until the curtain falls. Such, as I read the histories of the Puritan Fathers, has been the per sistent plan of their historians of the whole and diluted Puri tan Blood and of thein prejudiced partisans. So the record has run, so the innocent and ignorant have been taught for three hundred years and up to the year 1903, when a halt was cialled, when the word "check" was sounded in this game of cheat, — ^by one of the Puritan whole blood ; one, as he tells us, of direct lineal descent from two Puritan preachers — Cotton Mather and Thomas Shepard. The debate between Daniel Webster and Robert Y. Hayne in 1830, and between Webster and John C. Calhoun in 1833 Xlll are reviewed. And, as Webster was by far tbe best product of Puritan civilization, he is reviewed as man, citizen, patriot, orator and statesman. And as Webster then and there planted the mine and laid the fuse that exploded in 1860 'and rent the Union, it is shown how and why he did it. This leads to dis cussion of States Rights, of the Federal Government, their re lations, their respective powers and the measures of Federal powers. And this brings under discussion the question pf Secession — first, as a right per se, and, second, as a right coupled with a duty at the time and under the surroundings of the Slave States when they seceded. Following these subjects the corollary as to the right of States in the Union to make war on other States is considered. The question is discussed in this form, because, as the reader will observe, the writer holds that the action of the Federal Government in making war on the Confederate States was the action of the Northern States — as they supplied the army, the navy, and the money, the federal government being nothing more than machinery used by the States. Connected with the question of Secession are the subjects of Sovereignty and Al legiance. Under this head is noticed the views of Chief Jus tice Jay, Chief Justice Marshall, Judge Story, Judge Oooley, and other Federalists. As Abraham Lincoln was President and on his own motion began the war, his first Inaugural is analyzed, and a view of him is given from his birth to his death. He is looked at as a boy, as a young man, as a lover, a politician, congressman, orator, abolitionist, lawyer, statesman, patriot, negrophilist, warrior, a generator and purveyor of unprintable stories, a hero and Savior of the Constitution and Union. The kind of Union he saved is presented in a separate chapter. Some may think that too much space has been given to Abraham Lincoln. But they probably have not thought of the hundreds of volumes that his worshipers have devoted to this wonderful hero. His only rival among NoHhem adorers is John Brown. Brown ¦was apotheosized the day he was hung for murder. He was compared to Christ, because he had sanctified the gallows as much as Christ had made the Cross adorable. And now Lin coln is eulogized as the greatest man on Earth since the death of Christ. The writer, therefore, does not agree that too much XIV has been written in this work of a human being .of such trans cendent greatness, especially when he remembers that the public has been deprived of the pleasure or spared the nausea from reading a large part of the best, because the truest, biography , of this Colossus written, by the man who knew him most inti mately as his law partner for eighteen years before his death. This Qandid biographer of the true Lincoln that took the public behind the scenes, before the low comedian was spangled and tricked out in the toggery of the stage as the world's greatest tragedian, was speedily suppressed, and an expurgated edition now delights the devotees ignorant of the imposition and cheat. As the mind of the reader, like a true juryman, stands im partial between the North's two greatest heroes, a chapter is also given to John Brown. It is a singular coincidence that the friends of both heroes believed they were insane; one permanently, the other, -with lucid intervals. Lincoln's friends feared he would .commit suicide, and he so strongly believed he would that he dared not carry a pocket knife. Says Mr. Herndon: "During these spells of insanity, or melancholia, knives and razors and every instrument tbat could be used for self-destruction were removed from his reach." One attack in 1835, in his 26th year, was so alarming that James Speed , took him to Kentucky and kept him there six months. This Speed was afterwards appointed Attorney General of the United States by Lincoln. The closing chapters contain some reflections on conditions in the republic before the Northern States became lawless, and, thereby, forced the South to seek peace and domestic tranquil ity by Secession, and then followed her with bayonets, bullets, cannon, cavalry, and the torch, to drive her back into a Union; and on the conditions and results of that war from its close to the present time. It will be seen that the witnesses that have been called in to testify have been summoned from the North, with a few exceptions. The latter are named and located so the reader can judge of their reliability and fair ness. Books and records quoted can not be doubted, as they are accessible and belong to history. The conclusion drawn that the responsibility for the war and for all the deaths, wounds, diseases, anguish, suffering, brutality and devasta tion rests on the soul of Abraham Lincoln and the people who XV followed him, will, no doubt, be received in the North with some misgiving. The assertion that whatever perjury, rebel lion and treason preceded and caused secession were committed in the North, and were repeated and emphasized if possible by making war on the South, may not be admitted. In prose cutions for crime the sequel sometimes has been that the defendant has been acquitted and the loud-mouthed prosecu tor has been tried and convicted of the crime. CHAPTER I. ORIGIN OF THE PURITANS. The origin of tbat angular section of the human race known the wotld over by the name Puritan, raises a question of wide geographical extension. That they are of the white race no one has suggested a doubt, but of what nationality there is a difference of opinion. One of the elect — "one of the tribe of Judah" — one bom and educated in New England — one highest in authority in tbat cultured corner-^says the Puri tans are Armenians, or came from Armenia. This authority is John Fiske, one of the greatest scholars, essayists, philosophers and historians of New England. He was a voluminous writer, and — it may be added — aluminous on subjects he understood, being the author of fourteen books and of much miscellaneous matter. In his history entitled "Beginning of New England," he assigns as his reason for tracing the Puritans back to Armenia, that the Greek word — Cathari — means Puritans. In the Bulgarian tongue they are known as BogomiliaAs, or men constant in prayer. They accepted the New Testament, denied any mystical efficiency to baptism, fro-wned upon image- worship as no better than idolatry, despised intercession of saints, and condemned the -w'orship of the Virgin Mary. Their ecclesiastical government was in the main Presbyterian, and in politics they showed a decided leaning toward democracy. They wore long faces, looked askance at frivolous amusements, and were terribly in earnest. They moved westward through the Balkan peninsula into Italy, and thence into southern France, where toward the end of the twelfth century we find their ideas coming into full blossom in the great Albigensian heresy. From France they passed over to England — at what time Fiske does not state. While this is to a very slight degree probative, from the fact that in all time no other people was palled Puritans, and no other languages but the Greek and English have that word, still, it is far from being satisfactory. There is however, cor- 2 TRUE VINDICATION OF THE SOUTH ^ roborative evidence in several facts, one of which is mentioned by Fiske, to-wit: That tbe Puritans migrated from Armenia many centuries before they appeared in England, and during their several migrations, they were in war on account of religion. This is a good biography of Puritans so far as it goes. The other fact, not given by Fiske is, that the Armenians for more than 3,000 years were in constant turmoil, warfare and subjection. From 2,000 years before Christ to 1200 A. D., the Armenians passed under nine dynasties and were finally ab sorbed by partition into Russia, ^Persia and Turkey. When the "Puritans" (Catharists) emigrated they passed through Turkey, skirted along the northern border of Italy, drifted into Northeastern France, and there fell in with the Albigenses, and mixed up with them in their struggle for life against the armies of Pope Innocent III. The remnant that escaped the sword of that pious Innocent wandered on until they reached England, where trouble soon began. If the theory of Fiske be correct, we can understand the turbulence and insurrectionary conddct of the, Puritans in England, and the ferocity of their religion when they reached America. Environment shapes not only the physical develop ment, of fauna and flora, but it controls the physical, mental, and moral qualities of mankind. A people who had been a football for Europe and Asia for three thousand years, and had to endure the different whims, commands and cruelties of Assyrians, Persians, Greeks, Romans, Russians and Turks, fol lowed by the brutal persecutions of Pope Innocent III, had the iron driven into their souls so deep that revenge, cruelty and brutality became their ruling passions, and descended to their children almost as inevitably as the color of their skin. They became a tribe of Ishmaelites-— their hands were against the human race. No wonder is it they rebelled against aU restraint, physical and spiritual, and kept the established church of England seething and boiling like the troubled sea. No wonder is it they avoided the haunts of men and betook themselves, at first, to the barrenness and heather of Nottinghamshire de scribed by the English scholar, Edward Arber, in "The Story of the Pilgrim Fathers," as without roads, with a few strag- TRUE VINDICATION OF THE SOUTH 3 gling villages, among them Scrooby, a Post Office ; and Gains borough — ^the former saved from oblivion by the presence of Cardinal Wolsey when he retreated before the -wrath of his King, Henry VIII, and the latter remembered as the spot to which George Eliot gave the name, St. Oggs, in "The Mill on the Floss" — the pseudonym for the river Trent by which still stands the mill she immortalized as Dorlcote Mill. No wonder is it that when landed in America, -with none to molest them or make them afraid, free as the roving Indians, and ferocious as .the beasts of the forests, their avarice — tenderly veiled by Francis Parkma,n, one of their o-wn family, under the soft and gentle phrase, "excess in the pursuit of gain" — reaicbed its slimy, cruel tenacles across the Atlantic, and drew into its empty and insatiable maw slaves from Africa and digested them into gold. No wonder is it that Indian warriors captured, not as "Rebels" and "Traitors," but in open warfare, were, by thousands sent to market as slaves in the Barbadoes and West Indies, and converted into cash, among them the Queen of Philip, King of the Pequods, and their son, a lad. No wonder is it that an Inquisition was set .on foot claimed ¦to be by Divine approval (says Parkman), and called the Re ligion of Christ, and under its charity and love men and women were dragged at the cart-tail, "whipped through three towns," their ears cut off, and then hanged till dead — all in the name of and to honor the Lord. No wonder is it that white children — one a tender girl of 14 years — brother and sister, for the offense of poverty that prevented payment of a fine of twenty pounds for not attend ing "religious service"' conducted by the Inquisition, were sentenced by the High Court of Boston to be sold as slaves, to end their joyous lives, day and night, working with negro slaves in the Barbadoes — and this, to put money in the Puri tans' purse. No wonder is it that the descendants of Armenian servants unden foreign rulers for over 3,000 years had lost, if they ever possessed, the sense of honor that is the chief and strongest bond, the surest anchor of safety to the weak, between civilized nations, and that their fanaticism and avarice over-rode the 4 TRUE VINDICATION OF THE SOUTH only bond between the sovereign States in the Union — denied its authority to bind the Puritans, as they were bound only by a "Higher Law," while insisting with bullet, bayonet and cannon that the Southern States had to obey the bond. No wonder is it that after preaching Secession and threat ening to secede for forty years, these descendants of Armeni ans, controlled by avarice, denied in 1860 that any other State had the right to secede. And it was as natural as for the sow to return to the wal low, that, impelled by avarice, the Puritans waged fierce and relentless war, with such barbarous practices as leaving their own soldiers — dupes of a false .appeal to enlist — ^to perish in prisons and "dungeons" after" their foes had offered to ex change them. After that barbarity, and death sentence passed on their own companions in arms, what simpleton would express sur prise that men and women of the best blood of England, with bayonets at their breast, were manacled and fettered and delivered up to the rule and ignorance and lusts of their owti slaves, by these descendants of menials of three thousand years servitude in savage Asia. ' , This origin of the Puritans is boldly stated by one of their kind and kin. He bore to his grave the imprimatur of New England— which is tantamount to the Northern People — as well as the diploma and seal of Harvard University. His cre dentials are of high authority and — I was about to sa.y — beyond denial or question at the North, but in the blazing light of history it is beyond the ken of any mortal to tell what Puri tans will not assert — will not deny or repudiate. They as serted and then denied the divinity of Christ. They asserted for forty years the right of New England to secede, and denied in 1833 the right of any other State, or States to secede. They denied that the fugitive slave clause in the Constitution was binding on them. This sketch of Armenia's history given above is in the book of Fiske. On the assumption that his statement of the origin of the Puritans is correct, I give the sketch to account for the monstrous mental and spiritual teratology of that people. TRUE VINDICATION OF THE SOUTH 5 There is another theory of their origin which is easier to believe as it is less involved. It is that the Puritan stock had been growing on the ground of England centuries before their outbreak at Scrooby. All writers — even Fiske among them — say they first appeared in Nottinghamshire — Scrooby being a rendezvous. Ethnically there seems to be no dispute except that made by Fiske, but in qualities of mind, in spiritual adapta tion to existing social and political order and organism of the age, they are what botanists and zoologists have labelled as a "sport." They sprung from the common stock, but, by a hidden, undiscoverable process acting on the germ ia cunning Nature's laboratory, the offspring dishonors the parent and a lusus naturae appears, and propagates its kind. From under the roof that has sheltered a dozen offsprings of sane and sound parents sometimes issue eleven model types of manhood and womanhood, and the twelfth goes forth an incorrigible monster in crime. Even from the highest type of civilized and Christian men and women there comes to life an albino. The latter is an affliction very rare — ^the former is not infrequent. Either theory — ^that of Fiske or that of a "sport" — accounts for the abnormality of the Puritan. A third and the last hypothesis explains the mental obliquity, but not the moral turpitude. As the mental precedes the moral condition, it will be seen that, whereas, in single instances, it is sufficient explanation, yet, when applied to millions running through a period of four or five centuries, it is not satisfactory, because it does not solve the factor of persistent heredity. This theory requires, as does the first, a reference to history that runs not further back than the Reformation. The Reformation by Martin Luther began near the middle of the fifteenth century. But it was not the dawn of that spiritual illumination. As in the beginning John the Baptist was the forerunner of Christ, so Wycliffe prepared the way for Luther. Both preceded Gutenberg, but Wycliffe 's translation of the Bible was copied often by hand and -widely distributed and read. The masses before that translation knew little of that repository of the Written Word for which their famished souls thirsted, and that little, for a" thousand years, had been strained through the stingy lips of priests. Wycliffe supplemented his 6 TRUE VINDICATION OF THE SOUTH translation with treatises, painphlets and tracts to such a num ber, as one writer says, they "baffled calculation." They stealthily crossed the British Channel, and were welcomed with Soy in huts and palaces, and two hundred, by papal order, were burnt in Bohemia alone. Thus the da-wn of the Reformation was in England. The common people who had hungered cen turies for the word read this forerunner with avidity, and grew restive under the teachings of the clergy. A century or less later Martin Luther rose up and shook off his fetters. He threw fuel on the fire kindled by Wycliffe. CHAPTER n. OF THE PERIOD PRECEDING THE EXODUS FROM ENGLAND. Nearly all books and other laudatory writings on the Puri tans that have filled libraries were composed by themselves and their descendants. That impartiality should mark the tone of these family records, or that truth should be the base line to which all should conform, is not to be expected. Much of the inspiration that aroused the zeal of the authors came from exaggerations composed of tria.dition and misstatements called history. I speak now of what preceded the exodus from England. There is nothing that excites so vehemently the sympathies of civilized men as the narrative of physical agony, mental anguish and spiritual suffering that a person or a people under goes on account of religious faith. There is witchery in the dim past, just as there is in the natural world, that magnifies objects seen through haze. The sun appear^ more than twice as large at the horizon than at its zenith. Time has magnified women of ordinary statute into Amazons; has increased the glory of Galahad ; multiplied the army of Xerxes ; made mar velous, not to say enviable, the gastronomic capacity of the Romans, and, even later, of our English ancestry, and the physical strength of the Greeks. We reach widely different conclusions after reading stories told by Ariosoto and Mun chausen; and history recited by Robertson, Green, Bancroft, or Ridpath. And it is this perversion of the light of hsitory that has cast a seered halo around the heads of the Puritan Fathers. An epitome of the history of this people in England can be stated in very few words. This arose from the spiritual unrest, the civic turmoil, the mental unbalance that followed the defiance of the Vatican by Martin Luther. The religious worid was upheaved. Then came the "confusion worse con founded" when the Bible was printed and every man aiid 8 TRUE VINDICATION OF THE SOUTH woman who could read became its interpreter. ' From that time to the emigration to America, 'the Puritans were a law unto themselves. They hooted the Catholics, they jeered the Lutherans, they hated the Calvinists, they defied the Estab lished Church and the Acts of Parliament, and especially the Act passed in the 35th year of the reign of Elizabeth, A. D. 1593. They set up a church of their own and worshipped, in contempt of the statutes, when, how and where they pleased. The consequence was what they called persecution. That they were right they no doubt, believed, because they were religious fanatics. That they were in the wrong no one' can doubt who is not a religious fanatic, and who knows their history after they got unbridled control of their ecclesiastical and civil government in America. When the Puritan is stripped of his tinsel cro-wn of martyr dom in England, of his forged passport to the heart of Chris tian sympathy, of his bicentenary badge worn on his breast — as the beggar wears his cry "Help the Blind" — ^^smeared with his own blood by his own hands, he stands like Mokanna un^ veiled, the most repulsive, cruel, bloodthirsty, selfish and ag gressive as well as ludicrous figure tbat ever sprang from a Christian people, bearing the Cross as the symbol of their Faith. In fact, his martyrdom is similar in kind but not in degree to that which John Brown suffered at Harper's Ferry. I beg to say that I do not include all Puritans in the above characterization, nor shall I include all in what shall follow. I am speaking of those who settled in Massachusetts and spread' out over New England. There were a few good and great men of that Faith who did not leave England — such as Milton, Bunyan and Baxter. They were enthusiasts but they kept -within the bounds of enthusiasm. The colony that swarmed out from Scrooby when stirred by the royal tipstaves, gave free rein to their enthusiasm that ran wild and swept them over the border far into the quagmire of fanaticism where they have cast up mire and mud for three hundred years, and the end is not yet. * CHAPTER in. PURITAN FANATICISM. Since the dawn of authentic history four disastrous waves of fanaticism on religion have swept over -the world with most destructive results to the human race. The first was when Mohammed issued from his cave with the divine message com mitted to his keeping by Allah, and, slowly mustering his hosts, started out with the Koran in one hand and the sword in the other to offer to men of all creeds the sacred privilege to take the Koran, or the sword. Rising in the first half ol the seventh century, it swept rapidly over Persia, Greece, Egypt, Spain and India. It then turned westward into central Europe, bearing do-wn all opposition, until it broke on the pjain of Tours, and its refluent current settled over the classic ground of Greece and over Asia Minor, where it has lain a thousand years, another but far more repellent Dead Sea, coveted by all nations, but protected by the danger of approach. The second wave of this singular type of fanaticism was heaved into destructive action by the potent voice of a rabid monk — ^Peter, the Hermit, in the eleventh century. This time the Christian world was the aggressor. Under Pope Urban II. Europe was largely depopulated by the craze to rescue from polluting hands the sacred sepulchre at Jerusalem. Four times this tidal wave rolled Eastward, the first — a conglomerate mass of men in armor, men in sackcloth, and women and children — some babes in the arms. But, finally, the Moslem fanatics van quished the Christian fanatics, and by the capture of Constanti nople established the Crescent steadfast on European soil. After the forests of Europe and the arid sands of Arabia were so-wn ¦with human bones, and excepting some knowledge of a few of the Arabs' arts, nothing remains but the bloody pages of history, and the addition of. the word "Crusade" to the English vocabulary. The third wave was when Chirstians rose against Christians at the instigation of bloody Innocent HI, when the sword, the 10 TRUE VINDICATION OF THE SOUTH dungeon, the rack, the fagot and torch, the hot spikes of the iron bed — ^the auto da fe — ^forerunners of the guillotine — ^were the missionaries of the Inquisition to convert heretics and to spread the Gospel of the Prince of Peace. Of the fourth and the last it may be said — "Time's 'vilest' offspring is the last ! " It was and is the religious fanaticism of the Puritans. Their historian, John Fiske, gives them an honor able pedigree — that is, if honor shall be due on acount of age only. But it is not necessary to hark back to the eighth century to find them in Armenia, and to trace their tortuous and rebel lious course through eight centuries, during which they kept the atmosphere of Europe as hot as it was destructive. The only value attaching to Fiske 's ancient pedigree, if true, is the demonstration of the imperishable quality of the Puritans' fanaticism. It runs parallel in length of time with that of the Mohammedans, or the Turks. The distinctive features of the two religions is in the direction of their lust. That of the Turks runs to women — while the Puritans' runs to gold. Eeligious fanaticism and avarice distinguish the latter. The last religious fanaticism began to foment in England in the fifteenth century. In the sixteenth century it appeared at first like a cloud over the barren heather of Northampton shire. It gathered volume and spread to Holland. Thence it rolled across the Atlantic, where, unrestrained by law, it became a law unto itself of such anomalous and hydra-headed shapes as we shall have a glimpse of in the following pages. Yes, the Puritans' fanaticism was the vilest of all. The following pages will demonstrate this charge to the satisfaction of every man not a Puritan or already prejudiced in their defense. That the reader may have a foretaste of the facts on which this charge is founded, a very brief outline is here submitted. The Puritans left England because they could not get justice there ; because they were denied freedom of conscience, freedom of speech and personal liberty; because they were persecuted; because they were denied the privilege to publish books relating to their Faith. As soon as established in the colony they began to persecute all who would not subscribe to their Faith; to suppress freedom of speech, freedom of worship, freedom of conscience, freedom of the press. They banished all non- TRUE VINDICATION OF THE^SOUTH 11 conformists on sentence of death by hanging should they return, and accordingly they hanged those who ventured to return — ¦ men and women. They had but one court to hear, try and give judgment in cases civil, ecclesiastical and criminal. From its judgment, or sentence, there was no appeal — ^no escape. They punished with pillories, bilboas and stocks, by whipping men and women on their bare backs while dragged at the cart-tail, through many towns, and by cropping off ears, and by hanging. These barbarities were inflicted for minor misdemeanors, after the victims failed to pay flnes imposed. Indians captured in war were sold into slavery with negroes ; white children, unable to pay fines, were sentenced to be sold into slavery for life in the West Indies. Their o-wn records will be given in proof of these deeds and of many others. They came to this continent to enjoy personal liberty. Within sixteen years after landing they became the most active pirates engaged in seizing of negroes in Africa to deprive them of personal liberty by making them and their posterity slaves for life. This "industry" was conducted with zeal and enthusiasm for two hundred years. Here was the Puritans' avarice in full operation. Religious fanaticism and avarice — twin monsters — like Sin and Death guarding the gate to Hell, that none might escape. But religious fanaticism is not only imperishable ; it is invul nerable. Its subject may be hanged, drawn and quartered, but its spirit -will take refuge and find a lodgment in another body. It is, in a sense, a verification of the Greek metempsychosis. With the Mohammedan it has survived the death of thirteen centuries. Like the White Plague, it is transmitted frohi sire to son. Like another secret human malady, it contaminates whomever it touches and destroys whom it contaminates. These facts and reflections bear directly on the agitation by the Aboli tionists. Isaac Taylor, one of England's foremost scholars, about the close of the eighteenth century, in his able work on Fanaticism, says : "Such transitions of strong, and turbid emotions from one channel to another are not unusual. If the torrent of feeling be choked on one side, it swells and bursts a passage in another ; and strange as it may seem, it is a fact that the gentle and genial affections have a specific tendency, when cut off fr-^m their 12 TRUE VINDICATION OF THE SOUTH natural flow, to take the turn of rancour and ferocity. The spirit baffled in its flrst desires and defeated, but not subdued, sud denly meets a new excitement, although altogether of a different order — combined with the novel element and rushes on it knows not whither. ' ' The fanaticism of the Puritans on religion was scotched by the clause in the Constitution forbidding interference -with one's religion. A dam was thus throvsm across the current, but the current was not removed nor destroyed. As morality is an essential to religion and as conscience is essential to both, the Puritans made negro slavery a question of conscience. While the slave trade was permitted by the Constitution, their con science could not detect its immorality. The reason is that the second domineering passion of the Puritans — ^Avarice — ^was being glutted, and the surfeit satisfied conscience, which, like the boa constrictor after a gorge, quietly slumbers until aroused by hunger. And as the surfeit by the slave trade continued for two hundred years, the slumbering conscience did not wake until the gorge of Avarice was cut off by denial of its pabulum. Negro slaves in the North had been found unprofitable long before the right to import negroes was denied by the limitation in 1808. Even that experience could not awaken the Puritan's conscience. But, when Avarice could no longer rake in the ducats, its twin passion — ^Religious Fanaticism — awoke and dis covered that negro slavery was an abomination in the sight of God, and as the Puritans were His special vice-gerents, they felt constrained by conscience to sweep it from the face of the earth. CHAPTER IV. PURITAN NOMENCLATURE. The nettle "Danger" drove New England and the Southern States together in 1776. From it they "plucked the fiower. Safety," but the nettle flourished and grew like the green bay tree for more than a century. It ceased to be exotic and became permanently domesticated. The union was a misalliance and from the beginning the nuptials were celebrated by incessant bitter bickerings, criminations, recriminations, domestic quar rels and family combats that blazed at last into open war. The parties to the imion were of different social rank, held widely variant views of morality, justice, humanity and personal liberty, and, judging from practical results, they worshiped diff erent Gods. For the religion of one was gentle, persuasive, charitable and tolerant ; while the religion of the other was in tolerant, cruel, ferocious and bloody. According to the infallible interpreters of the Puritans' God, He never relented or repented as did the God of the Jews. If in the two cities of the plain there had been, not twenty, or ten, or five righteous men, but ten thousand, and but one unrighteous, their God would have con sumed the cities with a rain of fire. This is but a meagre outline of the irreconcilable differences between the two parties to the "indissoluble union" (as Mr. Webster vie-wed it in 1830), formed in 1787. The facts on which this outline is predicated will appear at the proper times and under appropriate heads as I pro ceed with this discussion. When ethnologists undertake the difficult labor of tracing the origin and relation of different branches of the human race, one of their methods is to study their languages, their memorial inscriptions, and the similarity of labial sound. When no written language can be discovered they resort to names given to natural objects, as rivers, mountains, plains and animals. When a people had a written language, however remote the a^e of their existence, it has been the sesame that opened to paleogra phers and philologists the degree of civilization attained by that 14 TRUE VINDICATION OF THE SOUTH people. Language is the detective that discovers the secrets oE the heart, as well as the operations of the mind. By it we can know, not only the limit of a man's education, but, also, his associations — ^the company he keeps. As Cuvier could take a tooth, or jawbone, and with it construct the frame of the animal to which it belonged, even one of the mastodon order, so, although a people may have passed into oblivion so long ago that their marble temples and statues, their images of bronze, undc-i" the erosive tooth of Time, may be mingled with the dust of the desert, yet the etymologist can scan their language and tell us that people's customs, food, drink, egoism, or altruism, their form of government, their religion, their gods and goddesses, the degree of their refinement, knowledge of the arts and the sciences, their hero-worship, and to what degree they loved and honored their ancestry — their great men and women. As Virginia and Massachusetts were the first and mother colonies in North America, and as from Virginia the South was mainly settled, and from Massachusetts the other New England territory and the Northern and Western territory were largely colonized, let us apply to these two colonies a few of the tests spoken of above to see if we can determine the characters of these two peoples. Of course, the test by language has no bear ing on this question, as both spoke the same tongue. It is to the matter of egoism, or altruism, of customs and laws, of religion, of liberty of conscience, and of pride of ancestry, and honor paid to their heroes and distinguished dead that I shall invite atten tion. And, first, as to the last named characteristic of the two colonies. A people who love and honor their parents and great men adopt every method they can devise, within reasonable limits, to perpetuate the memory and glory of their kin who were great in any station and endeavor, whether military, civic, or scientific. One of the most ob^vious and usual methods is to perpetuate their names by visible objects and records. They write biography in their* geography as well as in their books. To their children a!nd the inquiring stranger within their gates they point with pride to the monuments they have erected to perpetuate the deeds of heroism and the achievements in whatever field, of their ancestors. Palestine was decorated by the Jews with rude monu- TRUE VINDICATION OF THE SOUTH 15 ments of stone in testimony df deeds, events, and even of dreams they cherished the memory of, and desired to transmit by legend and signs to future generations. And archaeologists are to day excavating and sweeping aside the rubbish that Time has piled over those tokens of admiration and re^verence, to identify them with the records of history. Every Spartan who passed the defile of Thermopylae contributed a stone to form the sacred pile where fell Leonidas and his immortal Three Hundred. A book could be filled -with such testimonials of pagan hearts. As pagan hearts were thus moved by altruism and filial love, what should we not expect of a boastful Christian people whose oral and printed praise of their ancestry and of themselves can not be exaggerated, and whose seLf-laudation, like Tennyson's brook, "flows on forever?" What has Massachusetts done in this particular for her great men ? Look at her map. She has fourteen counties that bear the foUo-wing names : Barnstable, Berkshire, Bristol, Dukes, Essex, Franklin, Hampden, Hampshire, Middlesex, Nantucket, Norfolk, Plymouth, Suffolk, Worcester. Two men are honored — ^Franklin, an American, and Hamp den, an English hero and patriot, but in no sense a Puritan; Surely the Puritans did not intend to honor Essex — an Eliza bethan courtier of the most abject servility. Tbe other twelve counties bear unaccountable names — ^English and Indian — all of the neuter gender. Tbe names' of her postoffices show tbe same lack of rever ence, respect, and of State and family pride. Of nine hundred postoffices, less than two and one-half per cent bear the names of distinguished' persons. Of the two per cent, eleven were Englishmen, to-wit: Blackstone, Chatham, Chesterfield, Car lisle, Grafton, Hampden, Hard-wick, Mansfield, Marlboro, Walpole, Wellington. Of the remainder of their small per cent, eight were not her sons, to-vrit : Washington, Jeffer son, Franklin, Monroe, Hancock, Hamilton, Clinton, Randolph. Of her own distinguished men she has remembered in naming postoffices,— -Adams, Bancroft, Quincy, Gushing, Warren and Webster. Why were left unhonored her Paul Revere, Choate, Sumner, Longfellow, Ha-wtbome, Whittier, Holmes, Butler, Everett, and many more who have shed glory on her name? 16 TRUE VINDICATION OF THE SOUTH Why not do honor to Bunyan, Baxter, Milton, Cromwell, Prynne, Burton, Bostwick and many other Puritans? As she has thus honored Wintbrop, a colonial Governor, why omit Endicott and Cotton Mather? Wintbrop sold children into slavery only because they could not pay a debt; Endicott hanged the Quakers only because they would not change their religion, and subscribe to the Puritan Articles of Faith, and Mather hanged and burned old women and young girls only because some superstitious neurotic accused them of witch craft, a^d they could not disprove the charge. Why honor the Governor who made two little children — ^boy and girl, brother and sister — slaves to work with negroes in the Barba does, and refuse or neglect to place Governor Endicott and Mather, her great Scholar and Divine, in tbe sam^ Hall of Fame, one of whom had murdered innocent men for no other crime than a difference on doctrines of religion that neither understood, and the other had broken the necks of women and children on the gallows for failing to prove that they bad not been working miracles? Instead of trying to perpetuate in every laudable way the memory of her sons, Massachusetts is blanketed with names of no more memorial significance than are the following few selected at random: Egypt, Ponkapog, Assinippi, Assonet, Quinsigamond, Quineapoxet, Wagnoet, Woods Hole, Wey mouth, Yarmouth, Needham, Eastham, West Chop, and after these "mouths" and "hams" and "chops," she offends one of the world's five senses with Buzzard's Bay and Buzzard's Bay Postoffice. And, as if she had never beard of Hawthorne, Longfellow, Bryant, Whittier, Choate, Sumner, Everett, and others of her great sons, and was unable to find more names on the earth, or in the appendix to Webster's Unabridged, she doubles, triples and quadruples insignificant names already bearing' postoffices, by prefixing East, North, South and West to about 180 towns, sucb as East Weymouth, North Weymouth, West Yarmouth, South Yarmouth^ South Braintree, etc. I now take the geography of Virginia and West Virginia. I include the latter because she bad received her baptism and honorable nomenclature before she was ripped from her mother by that barbarian and African process which Henry A. Wise TRUE VINDICATION OF THE SOUTH 17 Virginia's war-Governor, so felicitously characterized by re- ehristening her as "the bastard offspring of political rape." Of West Virginia's forty-one counties, thirty-seven were named in honor .of distinguished persons, and of these all were her sons except five. Taking Virginia and West Virginia to gether there are 142 counties, and all of these perpetuate the names and glorious deeds of men and one woman — ^Pocahontas. In order to show that this proof of pride of ancestry and of lofty sentiment in the South is not confined to Virginia, I select one other State — the Benjamin of the Thirteen — Geor gia. Space does not allow me to exhibit other Southern States, notably North and South Carolina. Georgia has (1912) 146 counties. In 1905 she bad 137. Of these 126 bear the names of distinguished men, and nearly all were Georgians. The exceptions 'are equally honorable to the State, to-wit: Washington, Jefferson, Madison, Monroe, Greene, Burke, Richmond, Calhoun, Decatur, DeKalb, Effing ham, Chatham, Franklin, Hancock, Henry, Jackson, Jasper, Milton, Oglethorpe, Pike, Pulaski, Putnam, Taylor, Webster and Worth. The counties not named for men attest the patrio tism of tbe people of Georgia, and also their aestheticism and admiration of the beautiful and musical. These exceptions are: Columbia, Liberty, Union, and (Indian names) Chatta hoochee, Chattooga, Cherokee, Coweta, Catoosa, Oconee. Since 1905 nine counties have been added and each one was created, in part, to bear the name of a distinguished Geor gian. They are: Jenkins (Charles J., who refused, as Gov ernor, to surrender to the bayonet the seal of his State, and was deposed by the military) ; Grady (whom even Boston has applauded vociferously) ; Toombs (Robert) — tbe most bril liant, probably, of all Americans) ; Stephens (Alexander H., Vice-President of the Confederacy, and known world-wide) ; Turner (Henry G., Representative of ability, known to the country as one who refused re-election to Congress only be cause be differed with bis constituents on the silver issue) . As tbe postoffices in Qeorgia are largely over 2,000 I can not review them in this limited space. Tbe names of her eoun.- ties alone illustrate more clearly than do those of Virginia the lofty filial sentiment of the South, her admiration and love for I, 18 TRUE VINDICATION OF THE SOUTH patriots, statesmen and noble kindred. Tbe icasual reader must be impressed with the conviction that there is a wide gulf between Virginia iand Massachusetts, and (ex uno disce omnes), the same condition exists in a larger degree between the States in tbe aggregate — North and South. There are many who have not measured the magnitude of tbe gulf be tween them. Now, what does the nomenclature adopted by the two colo nies and States indicate? It shows that their peoples are of different origin. A philologist would say, after a glance, that they differed widely in sentiment, in feeling, in filial devotion and pride, and in social culture. What does history say ? Why did the sons of Virginia give to her counties such names as King and Queen, Prince Frederick, Prince George, Prince Wil liam, Prince Edward, King William, Orange, Elizabeth City, Louisa, and others which were of the royalty and the nobility of England? Virginia was named in honor of the Virgin Queen, Elizabeth. Why did Massachusetts omit all such names, and daub and plaster her face with such crude material as I have given a few samples of? Was it accidental? Was it a vagary that ran through two centuries, from father to son during six generations? Those names were not dra-wn from a bat. No ! Those names betray unmistakably the nature of the people who established Massachusetts Bay. They were in and of one class in England, and the Virginia colonists were in and of a different and much higher social class in England. The Virginians were not toadies and flunkeys in the gutter, reaching up to touch the hems of garments worn by tbe nobil ity, and giving to their children and homes noble names that thrift might follow. Association, social and blood relations suggested those names. They were familiar household sounds. Some of the nobility came to Virginia. One of them has but recently become vested, by descent and failure of issue, with the title of Lord Fairfax. Be it said to his credit tbat be hesi tated and debated whether he would not renounce the title and remain a citizen of Virginia. In England the ancestors of Virginia's colonists were either of the nobility or were of the leisure class that did not labor. They followed the hounds and tbe turf as a gentleman's sport; TRUE VINDICATION OF THE SOUTH 19 and as Thackeray portrays in "The Virginians," indulged, men and women, in games of chance. Massachusetts was founded- by Puritans; Virginia was founded by the Cavaliers. These two were of or near the extremes in tbe social order of England. They were not only not in touch socially, but were as far apart as the poles in politics, tastes, habits, sentiment, temperamenty amusements, occupation, and, above all, in religion. Tbe Cava lier clung to the old order of government. Tbe Puritan was not only a dissenter, a Nonconformist, but was a leveler, and desired to overthrow the government and its religion, roots, trunk and branches. Indeed, the position of the two, the Puritans and tbe Cavaliers in England, is well typified by the scene of the Cavalier seated in Parliament, while the Puritan, like Guy Fawkes, was in the basement burrowing and packing gunpowder to blow up the Parliament. One was an organizer for the general good. The other was a disorganizer for his special benefit. Is it cause for wonder that two peoples with such opposite origins should exhibit sucb contrariety and inequality in senti ment, feeling and action? The Cavaliers were born and reared in affluence near the throne ; tbe Puritans were born and reared in poverty and many were servants to the nobility ; one conform ing to tbe established order of State and Church ; the other so angular and rebellious that they despised both the State and the Church, and flouted every doctrine and form of religion — Catholic, Lutheran, Presbyterian and Episcopal — and demanded that their o^wn peculiar religious tenets should be accepted by all other religionists as a condition precedent to peace and good order in the State. T^he Cavaliers were educated in tbe colleges and universities of England and Continental Europe; the Puritans, -with few exceptions, that will be named later on, received scant parochial education, and passed over the British Channel but once, and that was when their rebellious spirit at home aroused the gov ernment to action and a few fled to Holland where they prepared for their final exodus across tbe Atlantic in 1620. I beg to say that I am not, out on a crusade against the Puritans. I do not subscribe to Macaulay's conclusion that the Puritans condemned bearbaiting, not because it was cruelty to the bear, but because the sport gave pleasure to the spectators. 20 TRUE VINDICATION OF THE SOUTH I am not -writing to arouse sectionalism. I desire to allay it. Sectionalism was not littered in the South, and, so far as I know, taught as I have been by continuous residence in the South, her people deplore the cleavage of sectional animus. But when a man becomes supercilious, arrogant and abusive, and dons his Pharisaical robe, he provokes inquiry into his title to assumed superiority. When a man charges bis neighbor with dire offenses he is open to a challenge to produce his proof. When a man has committed crimes against the peace of the State, the welfare of all citizens demands an investigation. So, wben a quarrel begins between two individuals and homicide ensues, and each charges the other with being the aggressor, the question for a judge and jury to determine is, who was the aggressor ? This is necessary in order to determine whether the homicide was justifiable. If one section of our Union has been arrogant and abusive; has charged another section with offenses iagainst the law ; has committed crimes against individuals as well as against the laws and peace of the State ; has unjustifiably provoked a disastrous war, ^hat section should be the one held responsible for all con sequences that followed. It is my purpose to endeavor to show who provoked the war between tbe North and the South, and'I begin the legal inquiry by an examination into the history of the Puritan. I assume as my minor premise that bad there been no Puritan there could b^ve been no war. This I shall establish later by proofs, and my chief -witness shall be tbe Puritan. Had there been no Puritan there would have been no Abolitionist, for his sire was the Puritan and bis dam was tbe negro. And just here a remark is suggested by that scrap of gene alogy. It is that the Republican party of to-day has stolen and is masquerading under the name of the party of Jefferson, Madi son and Jackson, and is the offspring — the primogenitor — of that child of the Puritan begotten of the negro. The South was present when that Party's father was born, and afterward witnessed that child's shame at its base parentage, which it tried to escape by being christened "Republican." But the change of name did not change the infant's spots nor its skin. True to its parentage it has all the greed, rapacity, fanaticism and law lessness of its father, and much of the immorality and 'uncon querable, iimate proclivity of the mother for appropriating the TRUE VINDICATION OF THE SOUTH 21 property of others, that have attained for father and mother and child international reputation. In this genealogy can be seen one of the insuperable obstacles 'in tbe way of the benevolent propagandism of Mr. Taft — tbat is, his desire to absorb tbe South in the Abolition Party., It may be that Faith can remove mountains, but there is a high wall tbat neither Faith nor Mr. Taft's blandest "smile" can budge. I am not assuming to sit in judgment and to decide which of the two peoples I am hastily reviewing is the superior. "Whether it is nobler in the mind" to pursue the vocations and avocations adopted by the Puritans, or those followed by the Cavaliers ; whether it was better to chase the fox witb hounds and thus save tbe chickens, or to chase Quakers and hang them for dissenting from a creed tbat they could not, in conscience, believe ; whether it was more conducive to morality and happi ness to train horses for the turf and to run them for a wager, or to teach from pulpits tbe duty to God to bunt and run down old women and young girls, and hang them on tbe sole basis of a superstition that they could repeat the miracles performed under Divine authority by Moses and afflict cattle with murrain by looking over a neighbor's fence ; whether it was more humane or less fiendish to hang and bum women and children for imaginary witchcraft, or to sentence only one woman accused of witchcraft to be ducked as "common scolds" were punished in England ages ago, and for the judge to relent and revoke bis order ; whether it was more cruel and barbarous to steal negroes in Afrina, and chain them between decks and to deprive them forever of personalliberty,make them slaves and sell the few who did not perish of hunger and thirst while floating in their own filth in the middle passage from Africa to New England, or for Virginians to buy the surviving slaves— paying for them in full — and to treat them with humanity ; whether it was more accept able to God to be worshiped under thirty-nine Articles of Faith, which a sinner could believe and be saved, or go his way without persecution in this life and take his chance of being damned in the next for unbelief, or to worship God under eighty-two "Articles of Faith, or be damned in this life for refusing to accept them, and have his neck broken by a hangman's rope for heresy ; whether it was more just and promotive of personal liberty and 22 TRUE VINDICATION OF THE SOUTH freedom of conscience to leave each citizen free to attend divine worship at his will, or to enact laws that every man, woman and child shall go to church a stated number of times each Sabbath, or be fined. so many shillings, and, on failing to pay, to be sold into negro slavery and shipped to the Barbadoes, to collect the. amount of the fine ; — ^these and other questions that -will arise in this discussion are questions of casuistry, of conscience, and of such intimate knowledge of the Divine will and pleasure tbat I do not understand and will not assume to decide them. There is one fact, however, on which I would have Mr. Taft exercise his judicial acumen. It is this, — thati the religion of the Thirty-nine Articles of Faith is as firmly grounded today as it was three hundred years ago, while the intolerant religion of the Eighty-two Articles of Faith was long ago exploded and, like an exploded meteor in space, is floating in a hundred frag mentary forms — headed by Fourierism and Mormonism, and ending, for the present only, in Abolitionism, Socialism, Mis cegenation and Eddy-Bakerism. CHAPTER V. PURITAN NOMENCLATURE.— ( Continued. ) Words are things and names are words. I need not tell of the latent, dynamic power that abides in a word. It is the mightiest , instrument for good or evil that Gpd has given to man. It can make a hero, or mar a saint. ' ' Tbe pen is mightier than the sword" — ^not the pen, but the word the pen records. Who knew this truism better than the Puritans? When tbe Federal Constitution, by guaranteeing freedom of speech and of conscience and by separation of Church and State, deprived those fanatics of exercising, at pleasure, their brutal practice of banishing and hanging any who dissented from their theocratic mummery, they turned at once, with im petuous fury, on their old enemy, the Cavaliers, to wrest from them the property sold to them under guaranty of title by the Puritans. One of these fanatics under the power Of a momen tary flash tbat bordered on genius, in order to gather a mob of followers and to bold them, cried out that "the Constitu tion is a covenant with Death and an agreement -with Hell." The insanity of tbe phrase, did not in the least impair its vigor and energizing power over the ignorant multitude it was framed to excite. No people, no sect, no fanatics ever sought more diligently for verbal weapons to enforce a creed, to damn imaginary here tics, to perpetuate a Faith, or to deceive tbe public than have tbe Puritans from the age when, as an ethnic "sport," they appeared a nondescript and a misfit in English history, do-wn to their last, but not their final triumph in chicanery, the devis ing of the schedule on wool and cotton in tbe Payne-Aldrich- Cannon-Taft Tariff bill. That they are not always fortunate in the selection of names will further appear to the discomfiture of their warm est defenders, when I shall collate a few of the barbarisms with which they branded their children at the baptismal font. 24 TRUE VINDICATION OF, THE SOUTH This will be shown under the head, "Puritan Fanaticism," which includes the hagiology of this unparalleled religious monstrosity. The last two paragraphs, although seemingly digressions, have a direct bearing on the Puritan's nomenclature, to which I now return. The question is — why is the face of Massa chusetts daubed and warted all over with such meaningless, not to say raucous and repellent names? It was not to com pliment the Indians. They were abhorred and despised by the Puritans, whose scalps adorned the surrounding wigwams. In the war with the Pequots or Pequods, tbe Indians taken prison ers, against all rules of modern warfare, were shipped to the West Indies and Barbadoes and sold as slaves. Even the wife of Philip, King of the Pequods, and their only son, were doomed to that inhuman fate. By all tbe rules that commonly influence men in the selec tion of names, we should more reasonably expect to find tovras in Massachusetts named for some of her negro slaves than for her Indian foes. In scanning the map and trying to pronounce the names of some of the towns, .as so many are Indian, it is worthy of note that we do not stumble over "Aponopemquin," who, for his piety after the manner of the Puritans, was dub bed by them "Old Jacob." This distinction was conferred be cause Aponopemquin "prayed to God." Before giving names to icats and dogs even negroes con over a list of names to find one that has some association or euphony to commend it. There is but one conclusion to be drawn. It is that the Puritans bad no thought nor desire to honor their ancestors or men distinguished in Church, State, literature, science, or art. Whatever possessed or ol(sessed them when things were to be named, they left footprints on the sands of New England that will endure as long as her granite hills. They selected and domiciled a thousand wit nesses tbat testify to the Puritans' barrenness of gentility, of refined sentiment, (of filial devotion, of pride of ancestry — so barren that the words of their savage foes, that would balk a Russian, are their deliberate choice over the names of their TRUE VINDICATION OF THE SOUTH 2S Christian brothers, statesmen and heroic dead. Here are some of them: NOMENCLATURE. Date 1543 — Gersham Hilles. 1688 — ^Manasseh Jeake. 1802 — ^Zaphnaphpoaneab Clark. 1803 — ^Mahershelal-bash-baz Bradford. 1564 — ^Abdias Pownall. Barnabas Pownall. EzekielPostbumus ' ' Repentence ' ' 1589 — ^Baraleel NichoUson. Aholiab NichoUson. Rebecca ' ' 1613 — Jael Mainwaring. 1617— Ezekyell Culvenvill. 1582 — ^Zackary Newton. One Edmond Snape, Puritan preacher, promised to bap tize a neighbor's child. He said to the father, "You must give it a Christian name allowed in the Scripture. ' ' The father said his wife wanted the name of her father, Richard, given to the child. When the neighbors were assembled,, and Snape delivered a long harangue and asked for the name for baptism, and Richard was given, he refused to baptize tbe child and stood there until the crowd dispersed. 1563 — A Puritan's wife had twins and he had them baptized "Cain and Abel." Another chose Ramoth-Gilead for his son to wear. Mr. Pegdeii bad five sons. They were christened in the order bom — Matthew, Mark, Luke and John, and the fifth was christened Acts-Apostles. Lamentations Chapman was sued in Chancery about 1590.Some children were baptized "Dust-and- Ashes." 1509 — ^Affray Mahne. 26 TRUE VINDICATION OF THE SOUTH 1614 — Aphora Merrewether. I have said the Puritans were of the lowest social order — ¦ and not educated. The reader can not fail to observe their ignorance. In choosing names idem sonans was their only guide. Evidently they could not read. Take the name "Aphrah" in one of Micah 's lugubrious prophecies — "Declare ye not it at Gath * * '* in the bouse of Aphrah roll thyself in the duSt." Aphrah means dust. In the Puritans ' baptisms Aphrah is spelled Affray, Affera, Afra, Aphora, Aphoric, Aphoro. When the preacher who was christening a child for whom the name Achseb (Caleb's daughter) had been chosen, asked, "What name?" One woman said "Axber." He turned to another, who replied "Axher." A third said "Axher." By perseverance, for which Puritans and all fanatics and lunatics are distinguished, he learned that the name desired was Achseb. Tbe high ways, byways, paths, lanes, alleys, and graveyards were stre-wn for three centuries -with Drusillas, Sap- phiras, Cecilias, Rebeccas, Deborahs, Sarahs, Susannahs, Judiths, Faiths, Hopes, Charities, Priscillas, Dorcases, Tabithas, Marthas, Repentances, Hepzibabs, Adahs, ¦ Tillahs, Methetabels, Jehviadas, Equilas, Eunices, Adnas, Dinahs, Tamaras, Daniels, Ezekiels, (spelled six ways, showing the ignorance of the preachers who entered the names on the parish' registers.) Here is a list of Jurors : Redeemed Campton. Stand-Fast-on-High Stringer. Weep-not Billing. Called Lower. Elected Mitchell. Renewed Wisbury. Fly-Fornication Richardson. i Figbt-tbe-Good-Fight-of-Faith White. Kill-sin Pemble. Preserved Fish. CHAPTER VI. SLAVERY IN MASSACHUSETTS. Needless is it to tell any American that tbe Puritans' "shadow of a great rock in a weary land," for forty years, was Daniel Webster. But when, in 1850, in the trial between the North and the South, he turned "State's evidence," the Puri tan's favorite avenger — tbe mob — shunted him do-wn, drove him to Marshfield, hemmed bim in and there crushed his great heart that loved Massachusetts so well as to sacrifice bis honor in ber service. As a complete and final answer to the Puritans' attempt to dodge the wrath of Jehovah, scathing the North in every region, from Back Bay, Beacon Street, Tremont Street, to tbe reeking slums, I give a quotation from Mr. Webster's address December 22, 1820, delivered on Plymouth Rock, entitled "First Settlement of New England" : "I deem it my duty on this occasion to suggest that the land is not yet wholly free from the contamination of a traffic, at which every feeling of humanity must forever revolt, — ^I mean tbe African slave-trade. Neither public sentiment, nor the law, has hitherto been able entirely to put an end to this odious and abominable trade. At tbe moment when God in His mercy has blessed the Christian world with a universal peace, there is reason to fear tbat, to tbe disgrace of the Christian name and character, new efforts are making for the extension of this trade by subjects and citizens of Christian States, in whose hearts there dwell no sentiments of humanity or of justice, and over whom neither the fear of God nor tbe fear of man exercises a control. In the sight of our law the African slave-trader is a pirate and a felon; and in the sight of Heaven,' an offender far beyond the ordinary depth of human guilt. There is no brighter page of our history, than that which records the measures which have been adopted by the government at an early day, and at different times since, for the suppression of this traffic ; and I would call on all the tme sons of New England to co-operate with the laws of man, and the justice of Heaven. If there be. 28 TRUE VINDICATION OF THE SOUTH within the extent of our knowledge or influence, any participa tion in this traffic, let us pledge ourselves here, upon tbe rock of Plymouth, to extirpate and destroy it. It is not fit tbat tbe land of the Pilgrims should bear the shame longer. I bear the sound of the hammer, I see the smoke of the furnaces wbere manacles and fetters are still forged for human limbs. I see the visages of those who by stealth and at midnight labor in this work of hell, foul and dark, as may become the artificers of such instru ments of misery and torture. Let tbat spot be purified, or let it cease to be of New England. ' ' Let it not be overlooked that he was speaking in the present tense — of conditions in December, 1820 — ^thirty years after the Puritans began to petition Congress to abolish slavery, and thirty-three years after the Puritan deputies in tbe Convention that framed the Constitution affected such sensitiveness of con science as to wrangle over tbe horrors of slavery until they got a valuable concession for consenting to the fugitive slave clause, and to the continuance of the slave-trade until A. D. 1808. Note this language : "It is not fit that the land of the Pilgrims should bear this shame longer. I hear the sound of the hammer, I see the smoke of the furnace where manacles and fetters are still forged for human, limbs, I see the visages of those who, by stealth, and at midnight, labor in this work of hell, foul and dark, as may become the artificers of such instruments of misery and torture. Let that spot be purified, or let it cease to be of New England ! ' ' And this appeal by New England's greatest Prophet and Priest ! Let us hear another witness on slavery during 150 years, in the first colony of the New England group — the bellwether of the flock; the one whose filio-pietistic historians — ^in the vain struggle to bury out of sight her mountainous avarice, hypocrisy, perfidy to prisoners, fanaticism worse than insanity, cruelty to all races, white, black and brown — ^have written more books and pamphlets, preached more sermons, delivered more maudUn post-prandial speeches and set orations, and spun more sailors' yarns than Scheherazade invented through a thousand and one dismal days, to spin during as many nights to save her life. This witness is George H. Moore, Librarian of the New York TRUE VINDICATION OF THE SOUTH 29 Historical Society and corresponding member of tbe Mass achusetts Historical Society. His book is entitled "NOTES ON THE HISTORY OF SLAVERY IN MASSACHUSETTS." This book appeared in 1866, one year after Massachusetts had ceased from her bloody work of four years to free the negroes she had enslaved and sold to the South. Mr. Moore 's book is not written as a history. It is a careful compilation of extracts from his tories, legislation, journals, judgments of courts, statutes, execu tive documents, etc., some of which "import absolute verity," and aU are free from the suspicion of bias. The reader will note that tbe various extracts contain proof of the above charges of fanaticism, avarice, hypocrisy, perfidy, treachery, and cruelty. Tbe lame and impotent effort of the statesmen in Massa chusetts, during a century, to legislate slavery out of the colony, forms the most ludicrous chapter in all the solemn farces in the history of hjrpocrisy, and of man's success in illustrating "how not to do it." In fact, tbe entire history of negro slavery in that nursery of "moral ideas" is, in the moral and intellectual realms, as fantastical, spasmodic and neurotic as is her record made by her religious fanatics. The two are like the two nega tive poles of electricity — they never come together. There was a constant battle-royal between Avarice and a weak antagonist wearing tbe masque of Conscience — ^with Avarice always in the ascendant. Tbe forces arrayed under the banner of Conscience, while holding the vantage ground in every conflict, were too weak to dislodge the foe. In every assault. Conscience, like tbe great New York statesman, "Me Too," always fell outside the breastworks. This imequal struggle was waged during a hundred and fifty years. And, Mr. Moore says, the indisputable record shows that Conscience never succeeded in vanquishihg its stubborn foe; not until the Southern States went to its assistance in 1866, by voting to adopt the 13th Amendment to the Constitution. The advantage Avarice held to the last was that it occupied the citadel with headquarters in palaces along Beacon Street, Tremont and Commonwealth, faring sumptuously on pumpkin pie, Boston beans, champagne and the rarest Havanas, while Conscience had to camp outside, having no bounties to buy recruits, in the valley of dry bones of the mur dered Quakers, womep and children, their ovra innocent victims, 30 TRUE VINDICATION OF THE SOUTH mingled with the skeletons of a hundred thousand negro slaves contributed to the heap by her enemy — ^Avarice. Now to the law anA testimony as furnished by that impar tial "chronicler of the times," George H. Moore. His opening sentence is in these words: "We find the earliest records of the history of slavery in Massachusetts at the period of the Pequod War — a few years after the Puritan settlementi of the colony. Prior to that time an occasional; offender against the laws was punished by being sold into slavery or adjudged to servitude ; but the institution first appears clearly and distinctly in the enslaving of Indians captured in war." That it ma,v appear beyond question that Mr. George H. Moore had no pro- slavery proclivities, I quote the closing sentence in the para graph just quoted from: "And at the outset we desire to say that in this history there is nothing to comfort pro-slavery men anywhere. The stains which slavery has left on the proud escutcheon even of Massachusetts, are quite as significant of its hideous character as the satanic defiance of God and Humanity which accompanied the laying of the corner-stone of tbe Slave holders ' Confederacy. " Page 4. He says: "At any rate, it is certain that in the Pequod War they took many prisoners. Some of these, who had been disposed of to particular persons in tbe country, ran away, and being brought in again, were branded on the shoulder. In July, 1637, Wintbrop says, 'We bad now slain and taken, in all, about seven hundred. We sent fifteen of the boys and two women to Bermuda, by Mr. Pierce; but he, missing it, carried them to Providence Isle. The prisoners were divided, some to those of the Connecticut Colony and tbe rest to us. Of these we sent the male children to Bermuda, by Mr. William Pierce, and the women and maid children are disposed aboute in the tonnes.' " Hubbard, a contemporary historian of the Indian Wars, con firms that statement of Gov. Wintbrop. Winthrop, in his Journal of Feb. 26tb, 1638, says: "Mr. Pierce, in the Salem ship, the Desire, returned from the West Indies after seven months. He had been at Providence, and bought some cotton, and tobacco, and negroes, etc., from thence, and salt from Tertugos." Long afterwards Dr. Belknap said TRUE VINDICATION OF THE SOUTH 31 of the slave-trade, tbat the rum distilled in Massachusetts was "the mainspring of this traffick." Josselyn says that "they sent the male children of the Pequots to the Bermudas. ' ' This single cargo of women and children was probably not the only one sent, for the Company of Providence Island, in replying from London in 1638, July 3rd, to letters from the authorities in the island, direct special care to be taken of the ' ' Cannibal negroes brought from New England. ' ' And in 1639, when the Company feared that the number of the negroes might become too great to be managed, the authorities thought they might be sold and sent to New England or Virginia. The ship "Desire" was a vessel of one hundred and twenty tons, built at Marblehead in 1636, one of the earliest built in the Colony. Josselyn visited New England twice, and spent about ten years in this country . In speaking of the people of Boston he mentions that the people ' ' are well accommodated with servants * * * of these some are English, others negroes. ' ' It will be observed that this first entrance into tbe slave- trade was not a private, individual speculation. It was the enterprise of the authorities of the Colony. And on the 13tb of March, 1639, it was ordered by the General Court "that 318s should be paid Leiftenant Davenport for the present, for charge disbursed for tbe slaves, which, when they have earned it, bee is to repay it back againe." Tbe marginal note is, "Lieft. Davenport to keep tbe slaves." The first statute established on slavery in America is to be found in the famous CODE OF FUNDAMENTALS, or BODY OP LIBERTIES OF THE MASSACHUSETTS COLONY IN NEW ENGLAND— the first code of laws of that colony, adopted in December, 1641. These liberties had been, after a long struggle between the magistrates and the people, extracted from the reluctant grasp of the former. "Tbe people bad (1639) long desired a body of laws, and thought their condition very unsafe, while so much power rested in the discretion of magis trates." (Winthrop, I, 322.) Never were the demands of a free people eluded by their public servants with more of tbe concortions as well as wisdom of the serpent. But to the law 32 TRUE VINDICATION OF THE SOUTH and the testimony. The ninety-first article of tbe Body of Liberties appears as follows, under the head of "LIBERTIES OF FORREINERS AND STRANGERS: "91. There shall never be any bond slaverie, villinage or captivitie amongst us unless it be lawfuU captives taken in just warres, and such strangers as willingly selle themselves or are sold to us. And these shall have all tbe liberties and Christian usages which the law of God established in Israeli concerning such persons doeth morally require. This exempts none from servitude who shall be Judged thereto by Authoritie." In the second printed edition, that of 1660, the law appears as follows, under the title ' ' BOND SLAVERY. ' ' "It is Ordered by this Court & Authority thereof; that there shall never be any bond-slavery, villenage or captivity amongst us, unless it be LawfuU captives, taken in just warrs, or such as shall willingly sell themselves, or are sold to us, and such shall have the liberties, & Christian usages which the Law of God established in Israel, Concerning such persons, doth morally require, provided this exempts none from servitude, who shall be judged thereto by authority. ' ' A copy of this law is now pre served in the Library of the American Antiquarian Society at Worcester, in Massachusetts. Thus stood the statute through the whole colonial period, and it was never expressly repealed. Based on the Mosaic code, it is an absolute recognition of slavery as a legitimate status, and of tbe right of one man to sell himself as well as that of another man to buy him. It sanctions the slave-trade, and the .perpetual bondage of Indians and negroes, their chUdren and their chUdren 's chUdren, and entitled Massachusetts to pre cedence over any and all the other colonies in similar legislation. It anticipated by many years anything of the sort to be found in the statutes of Virginia, or Maryland, or South Carolina, and nothing like it is to be found in the contemporary codes of her sister colonies in New England. Yet this very law has been gravely cited in a paper communicated to tbe Massachusetts Historical Society, and t-wice reprinted in its publication -without challenge or correction, as an evidence that "so far as it felt free to follow its own inclinations, uncontrolled by tbe action of the mother country, Massachusetts was hostile to slavery as TRUE VINDICATION OF THE SOUTH 33 an institution." And witb the statute before them, it has been persistently asserted and repeated by all sorts of authorities, historical and legal, up to that of the Chief Justice of the Supreme Court of the Commonwealth, that "slavery to a certain extent seems to have crept in; not probably by force of any law, for none such is found or known to exist." For over a hundred years negroes were sold in Massachusetts as slaves and their children were born in slavery during at least four generations, and one negro, Edom London, had been recognized as a slave to the extent of being sold and bought by eleven masters. Chief Justice Parsons in making tbe decision, said that the general practice and common usage bad been opposed to this opinion, but sustained the opinion that a negro bom in tbe State before tbe Constitution of 1780 was born free, although born of a female slave. Chief Justice Parker, in 1816, cautiously confirmed this view of the subject by his predecessor. He said, ' ' The practice was * * * to consider such issue as slaves, and the property of the master of the parents, liable to be sold and transferred like other chattels, \nd as assets in the hands of executors and administrators." He adds, "We think there is no doubt that, at any period of our history, the issue of a slave husband and a free wife would have been declared free. ' ' "His chUdren, if tbe issue of a marriage with a slave, would, immediately on their birth, become tbe property of his master, or of the master of the female slave." Notwithstanding all this, in Mr. Sumner's famous speech in the Senate, June 28th, 1854, he boldly asserted that "in all ber annals, no person was ever bom a slave on the soil of Massa chusetts," and "if, in point of fact, the issue of slaves was some times held in bondage, it was never sanctioned by -Any statute- law of Colony or Commonwealth." The Articles of Confederation of the United Colonies of New England, 19th May, 1643, which commence with tbe famous recital of their object in coming into those parts of America, viz., "to advance tbe Kingdome of our Lord Jesus Christ, and to enjoy the liberties of the Gospell in puritie -with peace," practically recognize the lawful existence of slavery. The fourth Article, which provides for the due adjustment of 34 TRUE VINDICATION OF THE SOUTH the expense or "charge of all just warrs whether offensive or defensive," concludes as follows: "And that according to their different charge of each juris- dieeon and plantacon, the whole advantage of the warr (if it please God to bless their Endeavours) whether it be in lands, goods, or persons, shall be proportionably devided among the said Confederates." The original of the Fugitive Slave Law provision in the Federal Constitution is to be traced to this Confederacy, in which Massachusetts was the ruling colony. Mr. Moore says: "Historians have generally supposed that tbe transactions in p.644-5, in which Thomas Keyfer and one James Smith, the latter a member of the church of Boston, were implicated, first brought upon the icolonies the guilt of participating in the traffic of African slaves. The account which we have given of the voyage of the first colonial slave- ship, the Desire, shows this to have been an error, and that which we shall give to these transactions wiU expose another of quite as mach importance." Mr. Moore then quotes from the historian Hildreth in his story .of New England theocracy, and says: ' ' The first code of laws in Massachusetts established slavery, as we have shown, and at the very birth of the foreign com merce of New England the African slave-trade became a regu lar business. The ships which took cargoes of slaves and fish to Madeira and the Canaries were accustomed to touch on the coast of Guinea to trade for negroes, who were carried gener ally to Barbadoes, or the other English Islands in the West Indies, the demand for them at home being small. In fact. Gov. Winthrop in his Journal made this entry: 'One of our ships, which went to tbe Canaries with pipe-staves in the be ginning of November last, returned now (1645) and brought wine, and sugar, and salt, and some tobacco, which she had at Barbadoes, in exchange for Africoes, which she carried from the Isle of Maio. ' " In 1646, the Commissioners of the United Colonies made a very remarkable order, practically authorizing, upon complaint of trespass by the Indians, the seizure of "any of that planta tion of Indians that shall entertain, protect, or i-escue the of- ^fender." The order further proceeds: "And, because it wiU be chargeable keeping Indians in prisone, and if they should TRUE VINDICATION OF THE SOUTH 35 escape, they are like to prove more insolent and dangerous after, that upon sucb seazure, tbe delinquent or satisfaction be againe demanded, of the Sagamore or plantation of Indians guilty or accessory as before, and if it be denyed, that then the magistrates of the Jurisdiccon deliver up the Indians leased to tbe party or parties indamaged, either to serve, or to be shipped out and exchanged for Negroes as the cause will justly beare. ' ' Two things must be noted here, viz., the export for trade of Indians for negroes, and the measure of ' ' justice ' ' in those days between the colonists and tbe natives. Mr. Moore also notes the treatment of the two children,, Daniel and Provided Soutbwick, son and daughter to Lawrence Soutbwick, who on June 29th, 1658, were fined 10£, but their fines not being paid, and tbe parties (as is stated in the proceedings) "pretending tljey have no estates, resolving not to worke and others like wise have been fjmed and more like to be fyned" — tbe Gen eral Court were caUed upon in the following year, May llth, 1659, to decide what icourse should be taken for the satisfac tion of the fines. This they did, aiter due deliberation, by a resolution empowering the County Treasurers to sell the said persons to any of the English nation at Virginia or Barbadoes^ in accordance with their law :^or the sale of poor and delin quent debtors. To accomplish this they wrested their own law from its just application, for the special law concerning fines did not permit them to go beyond imprisonment for non-pay ment. J The father and mother of these children, who had before suffered in their estate and persons, were at the same time banished on pain of death, and took refuge in Shelter Island, where they shortly afterward died. The Treasurer, on a1> tempting to find passage for the children to Barbadoes, in exiecution of tbe order of sale, found "none willing to take or carry them." Thus tbe entire design failed, only through the reluctance of these shipmasters to aid in its consummation. Provided Soutbwick was subsequently, in tbe same year, in' company with several other Quaker ladies, "whipt with tenn stripes," and afterwards "committed to prison to be proceeded ¦with as the law directs." CHAPTER VII. SLAVERY IN MASSACHUSETTS. (Continued.) In August, 1675, tbe CouncU at Plymouth ordered the sale of a company of Indians, "being men, women and children, in number 112. The Treasurer made the sale "in the coun- tryes bebalfe." (Plymouth Records, v. 173.) A short time after tbe Council made a similar dispo sition of 57 more Indians who had come in and surrendered. These were condemned to perpetual servitude, and the Treas urer was ordered to make sale of them, "to and for the use of the coUonie." One item Mr. Moore gives is that tbe Colony of Massa- chussets for 188 Indians, prisoners of war, received 397£. (Plymouth Records, x., 401.) Mr. Moore says — "There is a peculiar significance in the phrase which occurs in the Records — sent away by the Treas urer. It means sold into slavery.*' (Mass. Records, v. 58.) He says: "Tbe statistics of tbe traffic carried on by the' Colony Treasurer cannot be ascertained from any sources now at command. But great numbers of Phillip 's people were sold as slaves in foreign countries. In tbe beginning of the war Captain Moseley captured 80, who were confined at Plymouth. In September following 178 were put on board a vessel com manded by Captain Sprague, who sailed from Plymouth with them for Spain. "The Apostle Eliot's earnest remonstrance is a glorious memorial of his fearless devotion to reason and humanity — to which neither the rulers nor tbe people of Massachusetts were then inclined to listen. He appeared to the Governor and Council, and, among other things, said: 'Christ hath said, blessed are the merciful for they shall obtain mercy. This usage of them is worse than death. * * * jt seemeth to me, that to sell them away for slaves is to binder the inlargement of Christ's kingdom. * * * To sell souls for money seemeth TRUE VINDICATION OF THE SOUTH 87 to me a dangerous merchandise. If they deserve to die, it is far better to be put to death under godly governors, who will take religious care tbat means may be used that they may die penitently.' * * * (Deut. 23: 15-16. Plymouth Colony Records.) "There is nothing to show that the Council gave heed to the petition of Eliot, but it has been disclosed that tbe General Court tbe same day shipped several Indians away. The Gen eral Court, 1678, passed an order prohibiting everybody in the Colony, or elsewhere, 'to buy any of tbe Indian children of any of those captive salvages,, without special leave, liking and approbation of the government of this jurisdiction.' " It were well if the record were no worse; but to all this is to be added the baseness of treachery and falsehood. Many of these prisoners surrendered, and still greater numbers came in voluntarUy to submit, upon tbe promise that they and their wives and children should have their lives spared, and none of them be transported out of the country. In one instance, narrated by the famous Captain Church himself, no less than "eight score persons" were "without any regard to the promises made them on their surrendering themselves, carried away to Plymouth, there sold and transported out of the coun try." (Church, 23, 24, 41, 51, 57. Baylies, in his Memoir of Plymouth Colony, Part III., pp. 47, 48, gives some additonal particulars of this affair. I give here another quotation from Mr. Moore to illustrate the Puritan's conscience. "After tbe destruction of Dart mouth, the Plymouth forces (soldiers) were ordered there, and as the Dartmouth Indians had not been concerned in this out rage, a negotiation was commenced -with them. By the persua sion of Ralph Earl, and tbe promise of Captain Eels, who com manded the Plymouth forces, they were induced to surrender themselves as prisoners, and were conducted to Plymouth. Notwithstanding the promises by which they had been allured to submit, notvrithstanding the earnest, vehement, and indig nant remonstrances of Eels, Church and Earl, the government, to their eternal infamy, ordered the whole to be sold as slaves, and they were transported out of tbe country, being about 160 in number. So indignant was Church at tbe commission of 88 TRUE VINDICATION OF THE SOUTH this vUe act, that the government never forgave the warmth and the bitterness of his expressions, and the resentment that was then engendered induced them to -withdraw all command from this brave, skillful, honest, open-hearted and generous man, untU the fear of utter destruction compelled them, sub sequently, to entrust bim with a bigh command. This mean and treacherous conduct alienated aU the Indians who were doubtful, and even those who were strongly predisposed to join the English." Easton, in bis Relation, p. 21, says: "Philip being flead; about a 150 Indians came in to a Plimouth Garrison volentarly. Plymouth authority sould aU for Slafes (but about six of them) to be carried out of the country." Plymouth Colony gave Church authority to receive certain fugitives (whether men, women, or children) from the .authori ties of the Rhode Island government, 1676. He was "im- powered to sell and dispose of such of them, and so many as he shall see cause for, there : to the Inhabitants or others, for Term of Life, or for shorter time, as there may be reasons. And his acting, herein, shall at all times be o-wned and justified by the said CoUony." Nor did the Christian Indians or Praying Indians escape the relentless hostility and cupidity of the whites. Besides other cruelties, instances are not wanting in which some of these were sold as slaves,"* and under accusations which turned out to be utterly false and without foundation. (Gookin's Hist, of the Christian Indians.) President Mather (President of the High Court) in relating the battle in August, 1676, tbe last one of tbe war, says : "Philip hardly escaped with his life also. He had fled and left his peage behind him, also his squaw and son were taken captive, and are now prisoners 'at Plymouth. Thus hath God brought this grand enemy into great misery before be quite destroy him. It must needs be bitter as death to him to lose bis wife and only son (for the Indians are marvellous fond and affectionate tow ards their children) besides other relations, and almost all his subjects, and country also." Edw. Everett, in his address at Bloody Brook, 1835, among . other things said : "And what was the fate of Philip 's wife and TRUE VINDICATION OF THE SOUTH 39 son? This is a tale for husbands and wives, for parents and children. Young men and women, you can not understand. What was the fate of Philip 's wife and child ? She is a woman, he is a lad. They did not surely hang them. No, that would have been mercy. The boy is the grandson, his mother the daughter-in-law of good old Massasoit, the first and best friend tbe English ever had in New England. Perhaps — perhaps, now Philip is slain, and his warriors scattered to tbe four winds, they will aUow bis wife and' son to go back — ^the widow and the orphan — ^to finish their days and sorrows in their native wilder ness. They are sold into slavery. West Indian slavery; an Indian princess and her child, sold from the cool breezes of Mount Hope, from tbe wild freedom of a New England forest, to gasp under the lash, beneath the blazing sun of the tropics ! Bitter as death; aye, bitter as bell! Is there anything, — I do ndt say in the range of humanity-^is there anything animated, that would not struggle against this?" "Ah ! happier they, who in the strife For freedom fell, than, o 'er the main, , Those who in galling slavery's chain StiU bore the load of hated life, — Bowed to base tasks their generous pride. And scourged and broken-hearted, died ! ' ' Several curious investigators, among them Ebenezer Hazard, of Philadelphia, who died 1817, tried to ascertain the fate of the boy, the son of Philip. Documents were discovered by Nahum Mitchell that showed that the most devoted followers of Christ among the Puritans discussed the question as to whether the boy was to be put to death, and the matter was referred to tbat celebrated and learned Puritan divine, John Cotton, and Rev. Mr. Arnold, of Marshfirfd. (We wonder if this were afterward the seat of New England's great prophet, priest and expounder of the Constitution, Daniel Webster.) Among other things in a very curious discussion of the question by these learned divines, Sept. 7th, 1670, they say: "Our answer is that we do acknowledge tbat rule, Deut. 24:16, to be moral, and therefore perpetually binding, viz., that in a P9,rticular act of wickedness, though capital, tbe crime of the parent doth not render his child a subject to punishment by the 40 TRUE VINDICATION OF THE SOUTH civil magistrate; yet, upon serious consideration, we humbly conceive that the children of notorious traitors, rebels, and murtherers, especially of such as have bin principal leaders and actors in such horrid villanieg, and that against a whole nation, yea the whole Israel of God, may be involved in the guilt of their parents, and may, salva republica," (Latin almost as bad as the logic) "be adjudged to death, as to us seems evident by the scripture instances of Saul, Achan, Haman, the children of whom were cut off, by the sword of Justice for the transgression of their parents, although concerning some of those children, it may be manifest, that they were not capable of being co-acters therein. Signed: Samuel Arnold, John Cotton." The Rev. Increase Mather, nephew of Cotton Mather, of Boston, also took a hand in the discussion, six years after, that is in 1676. "It is necessary tbat some effectual course should be taken about him (Philip 's son) . He makes me think of Hadad, who was a little child when his father (the Chief Sachem of the Edomites) was killed by Joab; and, had not others fled away with him, I am apt to think, that David would have taken a course, that Hadad should never have proved a scourge to the next generation." Tbat is, he was apt to think that DaVid would have gently removed him from this world to tbe next. In 1675, Major Waldron, a Commissioner, and Magistrate for a portion of Massachusetts territory, issued general war rants for seizing every Indian known to be manslayer, traitor or conspirator. Under this unlimited order ship masters began to kidnap every Indian along the coast. One vessel lurked along the shores of Pemaquid kidnaping the natives, carried them to foreign parts and sold them as slaves. Similar outrages were committed farther east, as far down as Cape Sable, "who never had been in the least manner guilty of any injury done to the EngUsh. ' ' For this kidnaping and slave trade there is no record that the offenders were punished. After the death of King PhUip, 400 more of his warriors, who were at perfect peace with the colonies, were arrested, sent to Boston, seven or eight of them, who were kno-wn to have kUled EngUshmen, were condemned and hanged; the rest were sold into slavery in foreign parts. TRUE VINDICATION OF THE SOUTH 41 I will now give some extracts from Mr. Moore 's work on the evidence of the existence of the commencement and continuance of slavery in Massachusetts. It has already been shown that in sixteen years after the Pilgrim Fathers landed on Plymouth Rock they built their first ship and christened it "The Desire," which started out at once to the coast of Africa, and returned with a cargo of slaves two years later; that, so far as I have been able to ascertain, was the beginning of the slave trade by the Puritans who had fled from England to enjoy personal liberty and freedom of conscience. We will skip now to the 18th century, slavery having con tinued from that date, 1638, so far as Mr. Moore could discover, until the first positive action forbidding it, the 13th Amend ment to the Constitution of the United States, in 1866. I give here a few disconnected extracts as valuable nuggets. Judge Sewall referred to the "numerousness" of the slaves in Massachusetts in 1700. Gov. Dudley's report to the Board of Trade, in 1708, gave 400 as then in Boston, one-half of whom were born there. This fact I mention because some very indis creet descendants of these Puritan Fathers have maintained that chUdren born in slavery in Massachusetts were free. In 1735 there were 2,600 negroes in Massachusetts. In 1742 there were 1,514 in Boston alone. Mr. Moore says that it is a curious fact that tbe first census in Massachusetts was a census of negro slaves. In 1754 there were 4,489 ; in 1764 there were 5,779 ; in 1790 (by the United States census) 6,001. In 1700 Massachusetts thought it advisable to legislate against some of her citizens to prevent peonage of Indians. The law of 1700 was enacted to protect tbe Indians against the exac tions and oppressions which some of the English exercised towards them "by drawing them to consent to covenant or bind themselves or children apprentices or servants for an unreason able term, on pretense of or to make satisfaction for some small debt contracted or damage done by them." In 1725 a law was enacted to prevent those citzens from kidnaping Indians. In 1703 a law was passed against the "manumission, discharge, or setting free ' ' of mulatto or negro slaves. Security was required against the contingency of these persons becoming a charge to the to-wn, and none were to be accounted free for whom security 42 TRUE VINDICATION OF THE SOUTH was not given ; but were to be the proper charge of their respec tive masters or mistresses, "in case they stand in need of relief and support, notwithstanding any manumission or instrument of freedom to them made or given." The Puritans had been in the habit of freeing their aged and infirm slaves to relieve them selves of their support. To prevent this practice, the act was passed. This act was i^till in force as late as June, 1807, when it was reproduced in the revised laws and continued until a much later period. In 1703 a law was passed prohibiting Indians, Negroes or Mulatto servants or slaves to be abroad after 9 o 'clock at night. In 1705 a law was passed "for the better prevention of a Spurious and Mixt Issue, etc." It also punishes any Negro or Mulatto for "stricking a Christian," by whipping at the discretion of the Justices before whom he may be convicted. It also prohibits marriages of Christians with Negroes or Mulat- toes^and imposes a penaltj'^ of £50 upon the persons joining them in marriage. The citizens of Massachusetts seemed to have reconsidered the justice of this law prohibiting negroes and whites to marry, as such marriages were practiced almost daily near the outborders. It seems that they had advanced to that stage of civilization wherfe they left that question to be settled by the moral sense of the parties who proposed to be joined in wedlock; just as recently some members of tbe Methodist Church, North, in Convention in Minnesota, moved to repeal the church ordinance that forbids dancing, attending theaters, etc., and to leave it to the moral sense of the members of the church. In Pennsylvania, where there were quite a number of negroes, it seems that WilUam Penn proposed to his CouncU that they do some legislating about the negroes, and a bill was introduced in both Houses "for regulating Negroes in their Morals and Marriages, etc.," which was twice read and rejected, or, as they would have said in the Massachusetts General Court, the biU "subsided." To one but sUghtly acquainted with the morals of negroes it seems to have been a brave undertaking on the part of the Pennsylvania law makers to regulate the morals of negroes. It has been said times without number that at the North during the existence of slavery there, mothers and children TRUE VINDICATION OF THE SOUTH 43 were never parted. Mr. Moore says, page 57: "The breeding of slaves was not regarded with favor. The owner of a valuable female slave was to consider what all the risks of health and life were to be, and whether the increase of stock would reimburse the loss of service." Dr. Belknap says that "negro children were considered an incumbrance in a family ; and when weaned, were gi-ven away like puppies." (Mass. Historical Society Coll., 1, TV, 200.) They were frequently publicly advertised "to be given away. ' ' In 1786 tbe legislature of the State of Massachusetts passed an "Act for the orderly Solemnization of Marriage," by the seventh section whereof it was enacted ' ' that no person author ized by this act to marry shall join in marriage any white person with any Negro, Indian or Mulatto, under penalty of 50 £ ; and all such marriages shall be absolutely null and void. ' ' The pro hibition continued until 1843, when it was repealed by a special "act relating to marriage between individuals of certain races." It thus appears that Massachusetts, over twenty years before negroes were freed, threw wide open tbe doors of her churches, of her courts and magistrates, to negroes and whites to tee joined in tbe holy bonds of matrimony. ,In 1727 — Mr. Drake says — "the traffic in slaves appears to have been more of an object in Boston than at any other period before or since. ' ' In the following year an act was passed more effectually to secure the duty on tbe importation of negroes, and more stringent regulations were made to prevent smuggling of slaves in the pro-vince to avoid paying the duty, and the dra-w- back was allowed on all negroes dying within twelve months. Another act prohibited negro slaves to entertain any servants of their o-wn color in their houses, without permission of the respective masters or mistresses. In 1718 all Indian, Negro, and Mulatto servants for life were estimated as other Personal Estate — ^viz.. Each male servant for life above fourteen years of age, at 15£ value; each female servant for life, above fourteen years of age, at 10 * value. Mr. Moore adds (page 65) : "And thus they continued to be rated witb horses, oxen, cows, sheep and swine, until after the com mencement of the War of the Revolution." On the same page, Mr. Moore says "the Gninea Trade, as it was called then, since 44 TRUE VINDICATION OF THE SOUTH knovra and branded by all civUized nations as piracy, whose beginnings we have noticed, continued to flourish under the auspices of Massachusetts merchants dovm through tbe entire colonial period, and long after tbe boasted Declaration of Rights in 1780 had terminated ( ?) tbe legal existence of slavery within the limits of that State. ' ' He then gives a copy of the letter of instructions dated Nov. 12th, 1785, to a Captain of a brig by the o-wners, who were about to send the Captain to the coast of Africa for a cargo of Negro slaves. CHAPTER Vin. SLAVERY IN MASSACHUSETTS. (Continued) Before the war of 1861 the press of the North was full of caricatures of the sale of negroes in the South on the block; they would describe how the auctioneer would tell the negro to open his mouth to see if his teeth were sound, show bis limbs, turn him around and display his good qualities. I make a short quotation from tbe instructions given by the owners of the Captain of the brig mentioned in the preceding chapter : ' ' Our orders are, tbat you embrace the first fair wind and make the best of your way to the coast of Africa, and there invest your cargo in slaves. As slaves, like other articles, when brought to market generally appear to the best advantage ; therefore, too critical an inspection can not be paid to them before purchase ; to see that no dangerous distemper is lurking about them, to attend particularly to their age, to their countenance, to the straightness of their limbs, and, as far as possible to the good ness or badness of their constitution, etc., etc., will be very considerable objects." The slaves purchased in Africa were chiefly sold in the West Indies, or the Southern colonies; but when these mar kets were glutted, and the price low, some of them were brought to Massachusetts. In 1795 Dr. Belknap could remember two or three entire cargoes, and the Doctor himself remembered some, between 1755 and 1765, which consisted almost wholly of children. Sometimes the vessels of tbe neighboring colony of Rhode Island, after having sold their prime slaves in the West Indies, brought the remnants of their cargoes to Boston for sale. Page 69. It has been asserted that in Massachusetts, not only were the miseries of slavery mitigated, but some of its worst features were wholly unkno-wn. But tbe record does not bear out the suggestion ; and the traditions of one town at least preserved the memory of the most brutal and barbarous of all, "raising slaves for the market." 46 TRUE VINDICATION OF THE SOUTH Page 70. Mr. Moore gives an advertisement bearing on the subject of non-separation of mother and child. "For Sale, a likely negro woman about 19 years and a child of about 6 months ^ of age to be sold together or apart." Mr. Moore quotes on page 71 from Fronde's History of Eng land, Volume VIII., page 480 : "It would be to misread history and to forget the change of times, to see in the fathers of New England mere commonplace slavemongers ; to themselves they appeared as the elect to whom God had given the heathen for an inheritance ; they were men of stern intellect and fanatical faith, who, believing themselves the favorites of Providence, imitated the example and assumed the privileges of the chosen people, and for their wildest and worst acts they could claim the sanc tion of reUgious conviction. In seizing and enslaving Indians, and trading for Negroes, they were but entering into possession of the heritage of the saints ; and New England had to outgrow the theology of the Elizabethan Calvinists before it could under stand that the Father of Heaven respected neither person nor color, and tbat His arbitrary favor — if more than a dream of divines — ^was confined to spiritual privileges." No servant, either man or maid, was permitted ' ' to give, sell or truck any commodity whatsoever without license from their masters, during the time of their service, imder pain of fine, or corporal punishment, at the discretion of the Court, as the offence shall deserve." Page 105. Mr. Moore says : "The Puritans appear to have been neither shocked nor perplexed witb the institution, for which they made ample provision in their earliest code. They were familiar with the Greek and Roman ideas on the subject, and added the conviction that slavery was established by the law of God, and that Christianity always recognized it as the antecedent Mosaic practice. On these foundations, is it stra,nge that it held its place so long in tbe history of Massachusetts ? " In 1767, James Otis, perhaps the greatest of all tbe sons of Massachusetts (Webster being born in New Hampshire) de livered an address called "A Protest Against Negro Slavery," which, for a time, shook the moral world in Massachusetts as an earthquake shakes the natural world. John Adams heard the words of Otis, and "shuddered at tbe doctrine be taught," TRUE VINDICATION OF THE SOUTH 47 and to the end of his long life continued 'to shudder at the consequences that may* be drawn from such premises." The views expressed by Otis must have sounded strangely in the ears of men who lived (as John Adams himself says he did) "for many years in times when the practice (of slavery) was not disgraceful, when the best men in my vicinity thought it not inconsistent with their character. ' ' If there was a prevailing public sentiment against slavery in Massachusetts — as has been constantly claimed of late — the people of that day, far less demonstrative than their descendants, had an extraordinary way of not showing it. More than a century passed away before all the ancient badges of servitude could be removed from the colored races in Massachusetts, if indeed it be even now true that none of these disabilities which so strongly mark the social status of the negro still linger in the legislation of that State. I wiU now present some efforts of legislation in Massachu setts to abolish slavery in tbat State, and it will be noticed that these efforts did not begin until the Puritans had occupation of Massachusetts for 150 years. The first indication of life in the consciences of Puritans on the subject of slavery that I have been able to find occurred in the little to-wn of Worcester, which in 1765 instructed its representative in the General Court to "use bis influence to obtain a law to put an end to that un christian and impolitic practice of making slaves of the human species," and that "be give his vote for none to serve in His Majesty's Council who will use their influence against such a law. ' ' This appears in a Boston News-Letter. In the same year Boston took a band in the game "for the total abolition of slavery among us" and to prohibit the importation and the purchasing of slaves for the future. In 1767, at a town-meeting, the same course was taken to instruct the representatives. In 1767 the flrst movement was made in the legislature to procure tbe passage of an Act against slavery and the slave- trade. Introduced on the 13th of March. It was read a first time, and the question was moved whether a second reading be referred to tbe next session of the General Court, whieh was passed' in tbe negative. Then it was moved that a clause be brought into the bill for a limitation to a certain time, and the question being put it was passed in the affirmative ; and it was 48 TRUE VINDICATION OF THE SOUTH further ordered that the biU be read again on the foUowing day' at ten o'clock. On the 14th the questipn was put whether the third reading be referred to the next May session. This passed in the negative, and it was ordered that the Bill be read a third time "on Monday next at three o'clock." On the 16th the Bill came up and after a debate it was ordered that the matter "subside." (Tbat was the Puritan's soft, euphemistic substitute for the word "lost" or "killed.") But a committee of three was appointed to bring in another BiU for laying a duty of import on slaves imported into the Province. On tbe 17th that BiU came up. (This was a substitute, it -will be observed, for the abolition of slavery in the Colony.) This bill was read a first and second time, and ordered for a third reading on the next day at 11 o 'clock. On the 18th the question was put whether the enacting of this Bill should be referred to the next May session, "that the mind of the country may be known thereupon." (A qualified form of our present day referendum.) This passed in the nega tive. Then another cautious legislator moved whether a clause should be brought in to limit the continuance of the Act for the term of one year. Passed in the affirmative and ordered that the bill be recommitted. Tbe committee reported tbe bill to Council on the 19th of March. On tbe 20tb it was read a second time and passed to be engrossed, and sent do-wn to the House of Representatives for concurrence. The members read it and unanimously non-concurred. And thus the bill disappeared and was lost, tbat is to say it "subsided." Mr. Moore says : "It was the nearest approach to an attempt to abolish slaverj^, within our knowledge, in all the Colonial and Provincial legislation of Massachusetts. ' ' How bravely the determination to abolish that vile crime of slavery took the field in 1767, and after going through an experience with the legislators, who were instructed to abolish slavery,' it came out so battered and hacked that its friends could not recognize it, it being a bill for laying an import on the impor tation of negroes and other slaves. In 1771 tbe subject of the slave trade came up again in the legislature of Massachusetts, and a bill to prevent the importa tion from Africa was read tbe first time, the next day it was TRUE VINDICATION OF THE SOUTH 49 read a second time and postponed to tbe following Tuesday, and on that day tbe bill was recommitted. On the 19th another bill to prevent the importation of negro slaves in the Province was read the first time. On the 20th it was read a second time and ordered to be read again "on Monday next, at three o 'clock. ' ' On the 22nd it was read tbe third time, and passed to be engrossed. On tbe 24th it was read and passed to be enacted. It was then sent up to the Council for concurrence. The Council proposed an amendment, whieh was passed, and sent back to the House ; the House con sidered the amendment, concurred with the Honorable Board therein, and sent the biU up to tbe Honorable Board. It ap peared that this bill was vetoed by Gov. Hutchinson. In 1773 an attempt to discourage the slave trade was renewed. It -wiU be noted that the efforts to abolish it had dropped out of view. This bill was to prevent the importa tion of negroes into Massachusetts. The constituents in in structing their representatives to prevent the slave-trade in Massachusetts suggested two ways. First, by laying a heavy duty on every negro imported or brought from Africa or else- iwhere into tbat Province, or by making a law that every negro brought or imported aforesaid should be a free man or woman as soon as they come within the jurisdiction of it, and tbat every negro child that should be born after enacting such law sboiUd be free at the same age as tbe children of white people are. This discloses further evidence on the question as to whether children born of negro slaves in Masachusetts were free. If they were there was no necessity for tbe legislature to enact that they should be free at the age of twenty-one. Other representatives were instructed on the same line. In 1774 a bill to prevent the importation of negroes and other slaves into this Province was introduced, read, and ordered to be read again the next day. The next day, in the afternoon, the third reading took place, and the bill was passed to be engrossed, when it was sent up to the Council Board for concurrence. On the 4th of March the bill was returned as "passed in Council witb Amendments." On the 5tb the House voted to concur witb tbe Council, and on the 7th passed the bill to be enacted. On the 8tb it received the final sanction of 50 TRUE VINDICATION OF THE SOUTH tbe CouncU, and only required the approval of the Governor to become a law. Mr. Moore remarks, "That approval, however, it faUed to obtain; the only reason given in tbe record being that 'the Secretary said (on returning the approved bills) that His Excellency had not had time to consider the other BiUs that had been laid before him,' and so the bill 'subsided.' " Such was the response of the Great and General Court of Massachusetts to tbe petition of her negro slaves in 1773-74. They prayed that they might be liberated from bondage and made freemen of the community, and that this Court would give and grant to them some part of the unimproved lands belong ing to the Province for a settlement, or reUeve them "in such other way as shall seem good and wise." Not one of their prayers was answered. In the first Provincial Congress of Massachusetts, October 25, 1774, Mr. Wheeler brought into Congress a letter directed to Doc. Appleton, in effect as follows: "Tbat while we are attempting to free ourselves from our present embarrassments, and preserve ourselves from slavery, that we also take into con sideration the state and circumstances of the negro slaves in this Province." The same was read, and it was moved that a Com mittee be appointed to take it into consideration. After some debate thereon, tbe question was put, "whether the matter now subside, ' ' and it passed in the affirmative. A resolution passed by the Committee of Safety (Hancock and Warren) in 1775, protested against any slaves being admitted into tbe army upon any consideration vvhatever. It was introduced in the Pro-vincial Congress and Mr. Moore remarks "It was probably allowed to ' subside ' like the former proposition. ' ' The prohibition against the admission of slaves into the Massacbuisetts Army clearly recognizes slavery as an existing institution. Deacon Benjamin Colman, of Newbury, Massachusetts, in 1774, says: "And this iniquity is established by law in this province. ' ' The same learned Deacon, in a letter addressed to the General Court, says: "Was Boston the first port on this Continent that began the slave-trade, and are they not tbe first shut up by an oppressive act, and brought almost to desolation, wherefore, Sir, though we may not be peremptory in applying the judgments of God, yet I can not pass over such providence TRUE VINDICATION OF THE- SOUTH 51 without a remark." Tbe oppressive act that shut up and brought Boston almost to desolation was nothing but the Embargo Acts made by Congress for tbe benefit of all the people. In 1776 two negro men captured on the high seas were advertised for sale at auction in Boston as a part of the cargo and appurtenances of a prize duly condemned in the Maritime Court. This awakened Massachusetts again to a small spasm on slavery, so on September 13th, 1776, it was resolved that a committee be appointed to look into it. A little more than a month after, on October 19th, three members were appointed a committee to consider the condition of the African slaves in Massachusetts. This resolution was concurred in by the Council and a committee was appointed. Mr. Moore says: "We have made a diUgent search for further action under this resolution and appointment of tbe committee, but have failed to discover any trace of it. ' ' Tbe matter was probably ' ' allowed to subside ' ' again. On the same day tbe House passed a resolution "to prevent the sale of two negro men lately brought into this State and ordered to be sold at Salem." It was read and con curred in by Coimcil, Sept. 14th, 1776. In the House of Repre sentatives read and non-concurred and sent up for concurrence. In the CouncU read and concurred in and sent down for con currence. In the House of Representatives read and concurred. CHAPTER IX. ADAMS ON THE PURITANS. I am far from claiming that I have read all or even a large part of the declamations at convivial gatherings, or most of the histories and fugitive articles relating to the Puritans. I do not believe any person has ever read one fiftieth of them, not even one preparing to write such a history. It has been asserted on reliable authority that the most widely read book is the Bible, and second to it. The Pilgrim's Progress. Reading places third in the list writings of different kinds and speeches of all kinds exploiting the Puritans. One author is credited -with 882 books, pamphlets and sermons on this subject. In all I have read I have not found one fair account of the crimes committed by the Puritans in the name of Christ and for the glory of His kingdom on earth. The panegyrists, by one consent, have been playing the game of literary thiinble-rigging for three centuries. Lookers-on have denounced the trick ; some have written it up, but the children who have inherited the ancestral strain, for their o-wn reputations still try to hide the sin by extolling the imaginary virtues of their ancestors. Not until near the end of the last century was there a break ,in this devoted filial line of defenders. Not before did even one rise up and "turn State's evidence" and tell tbe truth. As St. Paul declared himself to be a Hebrew of the Hebrews, one of the strictest sect, so this witness states in his -written testi mony that he is a Puritan of tbe Puritans — one descended in the direct line from Cotton Mather, the most distinguished priest , of this tribe of Levi, and from Thomas Shepard, another preacher of fame in and for his day. This witness is as dis- tiijguished for learning as was Cotton Mather in his generation, and is, in intellect and judgment, tbe superior of any Puritan of whom we have any authentic account. As Milton says of Abdiel be is "faithful among tbe faithless — faithful only be." This honorable Puritan is Charles Francis Adams of Boston, Massachusetts. Having decided to deliver a few lectures to the TRUE VINDICATION OF THE SOUTH 53 students of Harvard University, he chose the story of the Pil grim Fathers. He began to rummage "over many a quaint and curious volume of forgotten lore," and the further he roamed — the deeper he delved — tbe more he grew amazed. His own words are best. He told the students. He delivered four lectures which are now in book form with the title "Massachusetts, Its History and Its Historians," "Apples of Gold in a Picture of Silver." But there is one fly in this precious ointment; still it does not vitiate the beaUng virtue of the ointment. It bears neither microbes nor bacteria, and indeed, on inspection tbat need not be close, it is discovered to be like the fisherman's fly — only a decoy for suckers. I quote his words tbat the decoy may be apparent. "For the present it is sufficient to say, 'Do men gather grapes of thorns, or figs of thistles ? Even so, every good tree bringeth forth good fruit, but a corrupt tree bringeth forth evil fruit. Wherefore, by their fruits ye shall know them.' Can it, be possible tbat we are indebted for all that is good in our Federal and State Constitutions; for freedom of speech, of conscience, of separation of Church and State, and other liberal provisions too numerous to recapitulate here, to a people who unanimously established a theocrary for their government j -who enslaved their fellow-man; who decided private causes by quoting the law of the cases from a sentence in Joshua or Judges, or the Proverbs, who bung men and women because they exercised freedom of conscience and did many other abominations just as cruel and fiendish? But, as I have said, enough of this at present. I shall take this up at another time. Suffice it to say, that something must be conceded to a son who, moved by noblesse oblige, volunteers to tell the truth on his ancestors, and claims, in conclusion, some good, some virtue for them, although the claim is overwhelmingly refuted by every Journal of every convention that framed the Constitution of each of tbe Southern States and of the United States. ' ' I conclude this chapter with some pages from Mr. Adams's lectures, as follows: . MASSACHUSETTS INTOLERANCE. " 'As the twig is bent, the tree inclines.' Tbe Massachusetts twig was here and there bent ; and, as it was bent, it, during 54 TRUE VINDICATION OF THE SOUTH hard upon two centuries, inclined. The question of Religious Toleration was, so far as Massachusetts could decide it, decided in 1637 in the negative. On that issue Massachusetts then definitely and finally renounced all claim or desire to head the advancing column or even to be near the bead of the coluinn; it did not go to the rear, but it went well towards it, and there it remained until the issue was decided. But it is curious to note from that day to this how the exponents of Massachusetts polity and thought, whether religious or historical, have, so to speak, -wriggled and squirmed in the presence of the record. 'Shuffling,' as George Bishop, the Quaker -writer, expressed it in 1703, 'and endeavoring to Evade the Guilt of it, being ashamed to own it ; so that they seldom mention to any purpose, even in their histories.' They did so in 1637, when they were making the record up; they have done so ever since. There was almost no form of sophistry to which the founders of Massa chusetts did not have recourse then, — ^for they sinned against light, though they deceived themselves while sinning ; and there is almost no form of sophistry to which tbe historians of Massa chusetts have not had recourse since, — ^really deceiving them selves in their attempt to deceive others. And it is to this aspect of the case — what may perhaps be not unfitly described as the filio-pietistic historical aspect of it — that I propose to address myself. For in the study of history there should be but one law for all. Patriotism, piety and filial duty have noth ing to do with it ; they are, inded mere snares and sources of delusion. The rules and canons of criticism applied in one case and to one character must be sternly and scrupulously applied in all other similar cases and to all other characters ; and, while surrounding circumstances should, and, indeed, must be taken into careful consideration, they must be taken into equal con sideration, no matter who is concerned. Patriotism, in the study of history, is but another name for provincialism. "On its face, the Massachusetts record from November, 1637, when those of the faction which followed Anne Hutchinson were disarmed, disfranchised and exiled, dovra through the Baptist and Quaker persecutions to the culmination of the ¦witchcraft craze at the close of the seventeenth century, does not seem to admit of evasion. The first decision, and the policy TRUE VINDICATION OF THE SOUTH 55 subsequently pursued in accordance with it, were distinct, au thoritative and final, — against Religious Toleration. The policy assumed definite form after the political defeat of Vane in May, 1637. The subsequent banishment of John 'Wheelwright aiid Anne Hutchinson, together with the body of their active adher ents, was, as a proceeding, indisputably inquisitorial and extra judicial. Tbe offence, as well as tbe policy to be pursued by the government, was explicitly and unmistakably set forth by the chief executive and the presiding official at the trial of Mrs. Hutchinson, when Governor WinthrOp said to her, — 'Your course is not to be suffered ; * * * we see not that any should have authority to set up any other exercises besides what authority bath already set up.' Note here again the words 'set up any other exercises. ' Then it was maintained, and it has since been maintained, that the persecution in this case was 'not for opinion's sake,' that the magistrates did not 'challenge power over men's consciences,' that tbe government never claimed any power over men's private opinions;' and, indeed only tbe Inqui sition, as tbe Holy Office o^ Catholicism, has gone to this length. But where was the right so distinctly set forth in tbe edict of Galerius, and which is of tbe essence of Religious Toleration, — the right 'freely to profess private opinions' and to 'assemble in conventicles -without fear of molestation?' The privilege of holding opinions in secret, without ever disclosing them, is of limited value, and one a denial of which it is difficult to enforce. "But Winthrop 's words apeak for themselves; and in the subsequent history of Massachusetts the policy set forth in them was maintained and rigorously enforced by frequent infliction of tbe penalties of banishment and death! The public senti ment behind the policy, and which insured its enforcement, expressed itself in many forms. Now it was in the well known verses found in Governor Dudley's pocket after his death; — 'Let men of God in .courts and. churches watch 0 'er such as do a toleration hatch. Lest tbat ill egg bring forth a cockatrice To poison all with heresie and vice.' Again, in 1647, while the battle for Toleration was waxing hot in England, the Simple Cobbler of Aggawam in America 56 TRUE VINDICATION OF THE SOUTH thus delivered himself: 'My heart hath naturally detested foure things: * * * Tolerations of divers Religions, or of one Religion in segregant shape: He that willingly assents to the last, if be examines his heart by day-light, his con science vrill tell bim, he is either an Atheist, or an Heretique, or an Hypocrite, or at best a captive to some lust : Poly-piety is 1;he greatest impiety in the world. * * * It is said that Men ought to have Liberty of their Conscience, and that it is persecution to debarre them of it : I can rather stand amazed than reply to this: It is an astonishment to think tbat the brains of men should be parboyl'd in such impious ignorance.' "More than thirty years after the Rev. Nathaniel Ward thus expressed himself, the Rev. William Hubbard, the first his torian of Massachusetts, a man of whom it was said he was 'equal to any of bis contemporaries in learning and candor, and superior to all as a writer,' preached tbe Election Sermon (1676) at the inauguration of Governor Leverett. In it he said, — '1 shall not entertain you -with any sharp invective, or declaiming against a boundless toleration of all Religions, lest it should be an insinuation that some here present are inclined that way, whieh I believe there was never any occasion given to suspect. * * '* Such opinions in Doctrine, or professions and practices in Religion, as are attended witb any foul prac tical evils, as most heresies have been, ought to be prohibited by public Authority, and tbe broachers or fomenters of them punished by penal laws, according to the nature of tbe offence, like other fruits of the flesh." * * * "Let me now put on the stand two ministers of the church of Cambridge here, Urian Oakes, afterwards President of the CoUege, and Thomas Shepard, second of the name. In his Election Sermon delivered in 1673, Urian Oakes said,— "I profess I am heartily for aU due moderation. Nevertheless I must add, that I look upon an unbounded toleration as the first born of all abominations;' whUe the year before Thomas Shep ard had declared,— 'To tolerate aU things, and to tolerate nothing (its an old and true maxim), both are intolerable. * * * Yet I would hope none of the Lord's husbandmen will be so foolish as to Sow Tares, or plead for the Saving of them, I mean in the way of Toleration aforesaid, when as it may be TRUE VINDICATION OF THE SOUTH 57 prevented : the light of Nature and right Reason would cry out against such a thing.' So much for Thomas Shepard the son; but I come now to Thomas Shepard the father, first pastor of the Cambridge church. Thomas Shepard is handed dovra to us by tradition as a divine of gentle character ;^-pronouneed shortly after his death 'a silver trumpet' of the faith; Cotton Mather also declared that 'his daily conversation vs^as a trembling walk with God.' Tbe mind of this man would nat urally incline to toleration ; — ^he surely on this issue should have been in tbe advance of bis contemporaries. Yet in his New England Lamentations for Old England's Errors, printed in London in 1645, he expressed himself thus : — ' To cut off the hand of the Magistrate from touching men for their consciences will certainly in time (if it get ground) be tbe utter overthrow, as it is the undermining, of the Reformation begun. This opinion is but one of tbe fortresses and strongholds of Satan, to keep his head from cnisbing by Christ 's beele, who (forsooth) because he is krept into men's consciences, and because conscience is a tender thing, no man must here meddle with him, as if con sciences were made to be the safeguard of sin and error, and o:^ Satan himself, if once they can creep into them. ' "I have cited Urian Oakes, President of Harvard College from 1675 to 1681. He was succeeded by Increase Mather, who was President from 1685 to 1701 ; and in 1685 Increase Mather thus deUvered himself on the subject of religious liberty : ' More over, sinful Toleration is an evil of exceeding dangerous con sequence; Men of Corrupt minds, though they may plead for Toleration, and Cry up Liberty of Conscience, etc., yet if once they should become numerous and get power into their hands, none would persecute more than they. * * * And indeed the Toleration of all Religion and Perswasions, is the way to have no true Religion at all left. * * * I do believe that Antichrist bath not at this day a more probable way to advance his Kingdom of Darkness, than by a Toleration of all Religions and Perswasions. ' "But it is useless to multiply citations wbere all are to the same effect. If in tbe somewhat arid as well as meagre record of Massachusetts seventeenth-century utterances there are any which, subsequent to 1637, favor reUgious toleration, or breathe 58 TRUE VINDICATION OF THE SOUTH the spirit of toleration, I am not famiUar with them, and would much like to have my attention caUed to them. For, in dealing with such a subject and making general statements in regard to it, the tendency always is to an appearance at least of exag geration. It is attack and defence ; not a holding of equal scales. So in this connection I can only say that, while my investigations in the field referred to have brought to light many expressions on the subject of toleration such as those I have quoted, I fail to remember any of an opposite character. The record is sufficiently fuU; but it is aU one way. And, in the fuU light ol tbat record, judicially examined and compared with the records of other lands during the same epoch, it is difficult to detect any flaw in the foUowing indictment by George Bishop in his 'New-England Judged.' 'For, this let me say, That tho' more Blood hath been shed, and with greater Executions, and in some sense more cruel, by those who have not pretended to Religion; at least to Liberty of Conscience, from whom no other thing could be expected; ¦ * * * yet, from Men pretending to Religion and Conscience; who suffered for Religion and their Conscience; who left their Native Counti?y, Friends and Rela tives, to dwell in a Wilderness for to enjoy their Conscience and Religion; from Professors, who have made so much ado about Religipn, and for their Conscience, and set themselves up as the Height of all Profession of Religion, and the most Zealous Assertors of Liberty of Conscience ; and for that Cause have expected to be had in regard, viz. : because of Conscience and Religion, for Men * * * thus to Exceed all Bounds and Limits of Moderation, Law, Humanity and Justice, upon a People, barely for their Conscience, and the Exercise of their Religion * * * and for you to do it, who yourselves are the Men (not another Generation) which so fled, which so suf fered, is beyond a Parallel. ' ' ' The question now arises, — ^Wherein did they differ in this respect from those of the established churches of the Old World against whose persecutions they so loudly and so properly bore witness ? "But the difficulty with this portion of the early record of Massachusetts — that of tbe Founders and those prior, we will. say, to 1660 — is not merely tbat it is all one way ; but, unhappily. TRUE VINDICATION OF THE SOUTH 59 in addition to breathing a strong spirit of intolerance, there runs through it a vein of apology and sophistical excuse, or impUed denial, which shows that the fathers of Massachusetts in saying and doing what they did say and do faded to act. wholly according to their light. In other words, they knew better. They once had been subjected td persecution, — they were themselves tbe victims of religious intolerance; and, as is usual with those so situated, they had in that school made rapid advance in the lessons of toleration. Now they were in power and authority ; and, being so, they proved themselves no less intolerant than those from whose intolerance they had fled. They were not unaware of the fact. Conscience troubled them as those who suffered from their intolerance wrote down words like these : 'But that which most of al} may be the Astonishment and Destination of Mankind is. That (the Spirit of Persecution, Cruelty and Malice) should predominate in those who had Loudly Cried out of the Tyranny and Oppression of the Bishops in Old England and from whom they fled ; but when they settled in a place, where they had liberty to Govern, made their little Finger of Cruelty bigger than ever they found the Loins of the Bishops.' "Throughout the first half of tbe eighteenth century Massa chusetts was an" arena of theological conflict ; and though a modified form of toleration was in 1780 grudgingly admitted into the first constitution of the State, it was not until 1833,. — when the third century of its history was already entered upon, that complete Uberty of conscience was made part of the funda mental law. The battle of Religious Toleration had then been elsewhere fought and won ; Massachusetts reluctantly accepted the result. So far from wuming laurels in that struggle, her record in it is in degree only less discreditable than that of Spain. "The trouble with the historical writers who have taken the task upon themselves is that they have tried to sophisticate away the facts. In so doing they have of necessity had recourse to' lines of argument which they would not for an instant accept in defense or extenuation of those who in the Old World pursued tbe policy witb which they find themselves confronted in tbe early record of the New. But there that record is ; and it will not 60 TRUE VINDICATION OF THE SOUTH out. Roger Williams, John Wheelwright and Anne Hutchinson come back from their banishment, and stand there as witnesses; the Quakers and Baptists, witb eyes that forever glare, swing from the gallows or turn at the cart 's tail. Tn Spain it was the dungeon, the rack and the fagot ; in Massachusetts it was banish ment, the whip and the gibbet. Tn neither case can tbe records be obliterated. Between them it is only a question of degree, — one may in color be a dark drab, while the other is unmistakably a jetty black. The difficulty is witb those who, while expatiating with great force of language on the sooty aspect of the one, turn and twist the other in the light, and then solemnly assev erate its resemblance to driven snow. Unfortunately for those who advocate this view of the respective Old and New World records, the facts do not justify it. On tbe contrary, while the course in the matter of persecution pursued by those in authority in the Old World was logical and does admit of defence, the course pursued by the founders of Massachu setts was illogical, and does not admit of more than partial extenuation. "The man who has suffered from those in authority for opinion's sake must not, when in his turn clothed with authority, inflict for opinion's sake suffering on others; and, i£ he does so, he and his posterity must accept tbe consequences. What greater hypocrisy than for those who were oppressed by the bishops to become the greatest oppressors themselves, so soon as their yoke was removed; and the sophistry to whicK the representative Massachusetts divines had recourse in reply was no less sophistry then and to them, than it is to us now. On the pleadings they stand convicted. So much for the early clergy. As to the magistrates, in the mouths of James I. and Charles I., — of Philip IT. of Spain or Louis XIV. of France, the words— 'We see not that any should have authority to set up any other exercises besides what authority bad already set up,' — these words in those mouths would have had a familiar as well as an ominous sound. To certain of those who Ustened to them, they must have had a sound no less ominous when uttered by Governor John Winthrop in the Cambridge meeting-house on the 17th of November, 1637. John Winthrop, John Endicott and Thomas Dudley were all English Puritans. As such they TRUE VINDICATION OF THE SOUTH 61 bad sought refuge, from authority, in Massachusetts. On what ground can the ' impartial historian withhold from them the judgment he visits on James and Philip and Charles and Louis ? The fact would seem to be that tbe position of tbe latter was logical though cruel ; while tbe position of the former was cruel and iUogical." CHAPTER X. THE SITUATION IN 1860-61. I will now give the social and political situation in the States called the United States in 1860-61. To do this it wiU not be necessary to track the Puritans in England before they first took flight to HoUand, nor to notice much of their devious conduct whUe sojourning there. 'What they did in HoUand has no direct bearing on tbe issue between the North and the South, but tbe animus that controUed them in some of their deliberate .actions for two hundred and fifty years, and en tered into their treatment of the people of the South, must be noticed. One transaction illustrates this animus. It was the petition in which Brewster and Robinson, two of their greatest and most pious leaders, lied to King James by saying in plain words they subscribed fully to the Faith of the Estab lished Church — from which they fled to HoUand and which Faith they kicked. into the fire as soon las they landed at Ply mouth. Nor would I but for the animus stir the malodorous horrors that fill their "Pleasant vaUey of Hinnom. Tophet them And black Gehenna called — ^the type of bell," wherein the sainted Puritan priests of Moloch sacrificed on the gallows with impartial band captured Indian warriors; Indians not captured ; old women, their neighbors and of their o-wn blood and faith; children (girls) of their o-wb blood, too young to understand religious faith, but old enough, said the Puritan priests, to be midnight associates of and revelers witb tbe De-vil, riding old women in the air, and to learn bow to become adepts in all the deadly magic of witchcraft ; Quak ers who made noisy demonstration, whereas the Puritans' in sanity on religion made them sullen, silent, and brut&l, and as the two — ^the boisterous and silent — could not worship ac ceptably to the Puritans' confidential God together, the Quak- TRUE VINDICATION OF THE SOUTH 68 ers were hanged to make them keep sUent. These few pastimes of the Puritans are mentioned that the reader may have just here a glimpse at the nature of the people the Southern States entered into partnership with in 1787. No argument is needed to show their lamentable deficiencies, their insanity on religion, their avarice, their readiness to force every obstacle out of their way, whether animate or inanimate, mental as con victions, or spiritual as religion; whether professions of love, of personal Uberty, or of friendship and personal honor; aU of which, and more to be told hereafter, had to go dovra be fore that one insatiable craving — avarice! This chapter is -written to demonstrate, not to tbe Puritans nor their allies in tbe Abolition War — ^whether they be the serfs they raked from the expanse of Europe, or their three hundred thousand stolen negro-slaves and leompatriots, or the foreigners already on, the soil, who, knowing nothing of per sonal liberty at home, nor of the nature of tbe government whose blessings they had come here to enjoy, were inveigled into the ranks of war by false cries of ' ' Rebellion ! " " Treason !" "Save the Union!" sugared by big bounties and seventeen doUars and fifty cents a month — ^no, not to them, but to .demon strate to that vast body of statesmen whose seats are bigh, as they overlook the ruling nations of the earth and, by Wisdoin and Justice, keep the world in balance, and whose great ances tors, starting -with one fundamental principle — "the rights of man in the state of Nature" — and making it the comer-stone, pillar after pUlar, pedestal, column, pilaster, architrave and dome, so expansive and secure that under it aU nations of the earth that do justice and love mercy, are asesmbled, and where the least among them is as great as the greatest. These are the rulers — the noblemen who, wben they enter into , a solemn covenant to the good faith of which they "pledge their lives, their fortunes and sacred honor," abide by it forever; who, when they covenant that anything alive or dead is property, never, by slipping in like negroes to a henroost, violate their oaths by stealing it; who, when they enter into a covenant, never plead a century after, as an excuse for breaking it, that they found a "Higher Law;" who, wben confronted -with a covenant entered into by their fathers but a generation past, 64 TRUE VINDICATION OF THE SOUTH do not dishonor their fathers who died to bequeath to their sons freedom and wealth, by charging them as fools and knaves for entering into a compact that is "a covenant with Death and an agreement with HeU" and then making war on the other party to that covenant .and, after applauding their fathers for denouncing King George III for employing Indians to butcher them, stealing negro slaves they sold to Southern masters and enlisting two hundred thousand in their army to murder their masters and families. I said in the first chapter I was not writing this book to convince the Puritans; that I care nothing for their opinion. I am writing to reach the statesmen referred to above ; and yet not so much for them as for the youth of the Southern States, that they may know the truth and do honor to their fathers who were in the right in every dispute with the North from 1790 to this date. This I declare not in a spirit of boasting, for, should I ever descend to that grade, I shall look for some cause much more creditable than being in the right in any controversy with Puritan fanatics. I would not do so if I did not have the proof to make good the assertion. After the thirteen States had won their freedom and each, by name, had been acknowledged by Great Britain to be "Free and Independent," for reasons needless to be repeated in this connection they saw tbe necessity for uniting and acting together for their "common defense and general welfare." They agreed to create a common agent to represent them abroad in all matters international, and at home in the exclus ive exercise of a few of the powers common to each State. But several obstacles at home were in their way. One was negro slavery in nearly aU the States ; another was the conflictinu i»^ terests of the commercial and the agricultural States — ^there heing about half in each group. During 150 years tbe Puritans, all settled in New England, bad been rivals of Spaniards, Portuguese and English in the African slave trade. Massajchusetts was the queen Tjee in the New England hive, engaged in gathering this honey in Africa. She built the first American slave ship in 1636 and received the first cargo of negro slaves in 1638. Tbe profits of the trade were irresistibly seductive to the avarice of the Puritan. TRUE VINDICATION OF THE SOUTH 66 It overcame and subdued bis virtne that had paraded through England and Holland proclaiming personal liberty and equal rights for all men. Wben Avarice bad brushed off the veneer (stripped off that mask of the hypocrite and he was opeiUy exposed) , he decided not to wear the shame without deserving the blame, and he fell to building slave ships as a business. This progressed until at one period tbe little village of New port was the haven for 150 slave-trade vessels. Every colony was stocked witb negro slaves. From Delaware to Georgia each State was indebted to New England for slave labor. And even this diabolical traffic, whose continuous phos phorescent wake across the Atlantic rivalled at night the glow of the Milky Way, and planted mile stones along that watery wilderness witb negroes murdered in "The Middle Passage," Puritan historians have vainly striven for a hundred years to fasten on foreigners and the Southern States. To the base ness of the subterfuge of this lame attempt to flee from Jus tice there was one notable exception. He was New England's shield. Protector — ^the Great High Priest and Prophet at whose feet she knelt and prayed "Give us this day our daily bread." CHAPTER XI. DANIEL WEBSTER. The more we know of biographies of our great men, the better we understand our history. In fact, the world has but recently learned tbat history is biography multiplied. The third chapter, Vol. I., of Macaulay's History of England, has taught us how to write tbe complement to history. 'Who, after finishing the reading of a volume of Ancient History, has not felt as he laid it dovra as tho' be had been stuffed with trash and sawdust. Take, for instance, the stories we have been told of the world's greatest intellectual wonder — "The Blind Old Bard of Scio's Roclsy Isle." He has been held on stationary exhibition for thousands of years as a Cosmic Santa Clans, decorated from head to heel -with marvelous gewgaws, the gayest ribbons and sweetest bonbons, to be handed out to each succeeding genera tion to delight its babyhood. It is true that he lived in an age of what we call "fable," when history was scarcely written; when no less than seven cities claimed his birthplace, but it is too much for human creduUty to be told that this blind old man had caught floating on the air a thousand fugitive legends, not one any more connected with the others than is a story of the Arabian Nights with one of St. Paul's epistles; and that, with the power of a magician, be wove them together, changing and reordering to give them form, expression and continuity, until they appeared in all the silken tapestry and beauty of the Iliad and the Odyssey. During thirty-five years of his life the opinions of Daniel Webster had a very marked influence on all the separate States, and on the political action of tbe people in the Northern States. Tn both relations — ^the States and the people — ^that influence produced results disastrous to the entire country. As usual, the good lies buried with his bones — ^the evU lives after him. A critical study of this one life affords more material for an understanding of tbat part of our history than does the biography of any other man; and the actual time occupied in TRUE VINDICATION OF THE SOUTH 67 expressing the opinions that worked the evil was less than one day. The first event was bis argument in the celebrated case of The Dartmouth College vs. Woodward ; and the second was his reply in the United States Senate to Robert Y. Hayne. The third was his reply to John C. Calhoun. No single argument has had such far-reaching and disastrous effect on property rights of citizens of tbe United States as Mr. Webster's in the Dartmouth CoUege case, and no single speech has ever insti gated and hastened such widespread devastation and ruin in any country, in any age, as the one delivered in reply to Hayne. He deUvered very many speeches and addresses on a variety of subjects, but these three are the chiefest. They stand out as bold, lofty promontories- on the current of his Ufe. The only other speech I shaU review is his valedictory to his ruined country on the 7th of March, 1850, wben, with tbe courage of a martyr calmly viewing tbe kindling of the fagots that are to consume bim, he rose in the Senate and offered himself a ¦willing sacrifice on the altar of bis country, in atonem^ent for the ¦wrong he bad done ber in the same Council Chamber where resounded the echoes of his speech of January, 1830, just twenty years before. But, this farewell address did his coijntry no harm, whereas the injustice of the Dartmouth speech runs on in perpetuity, and tbe evil of the replies to Hayne and to Calhoun bore their first national curse in disimion, war, fraticide and perpetual enmity. All bis other speeches were incident to tem porary occurrences and recurrences — such as men in public life in America are often called upon to make. I do not now recall one speech (excepting the three named) that survives to bless or to plague our country. His position as a debater is in the front rank of every age and every country. As a speaker he was strong, attractive. Convincing. Being by association a federalist, he took up With joy and wore witb ease the massive armor that felt from the gigantic figure of Alexander Hamilton, when the vicious bullet of Aaron Burr snuffed out that brilliant but baleful light. But, as oratory is understood by Americans, Mr. Webster was not a great orator. At no time was he Uke Demosthenes attack ing PhUip, or Cicero assaulting Catiline, nor had be Sheridan's electric flashes when playing around and peeling Warren Hast- 68 TRUE VINDICATION OF THE SOUTH ings. Nor was he such an orator as George Whitefield, WilUam Pinkney, Wm. Wirt, Patrick Henry, Seargent S. Prentiss, Wm. C. Preston, Geo. F. Pierce and many others. His style was not attractive ; it did not beget imitators as did those I have named — especially Pierce and Whitefield. He lacked Demosthenes 's definition of an orator — "Action! Action! Action!" While speaking he usually kept his left hand under his coat-taU,, and rarely gesticulated with bis right hand. In fact, he not only, did not study nor practice any of the graces, or vocal efforts, of oratory, but he ignored them. He seemed absorbed by his sub ject. He had none of the facial and gesticulatory interpreta tion that convey to hearers the 'delicate shades of meaning that tone of voice and the power of words can not convey : the art that assimilates nature and which is the gift of every great orator and actor. Oratory as popularly understood by English speaking people was not a gift to the Puritans. From the first appearance of the Puritans above tbe horizon in England to the Revolution of 1776, there were no orators of national reputation among them. Poets are born, orators are not. Oratory is a social develop ment; there must be instigation — a prevailing stimulus that arises from environment. No man orates in soUtude to the wilderness. Demosthenes practiced on the seashore, but his audience was waiting in Athens. Abstract oratory springs from the emotions of the speaker and goes directly to the emotions of the hearer. It does not move through reason to the emotions ; it is independent of reason. Oratory in the concrete seizes both reason and emotions and directs them at will. It is more than doubtful whether Mr. Webster, with the assiduous study of a life time, could have made himself a great orator. He was of ponderous physical mold. His fea tures were heavy, immobUe, and when at rest, stern and almost saturnine. This be might have modified, but be could not have overcome the impress on his nature made by tbe cir cumstances surrounding his birth and his education. If not a Puritan by descent, as is claimed, still his ancestors had lived in New England so long that they were Puritans in faith, in habits, in practice, temperament and religion. TRUE VINDICATION OF THE SOUTH 69 During tbe century of Puritan oocupation in England, be fore their migration to America, according to their account, there was oppression more than enough to have produced many orators. But their records are barren of orators. As no orators were propagated among the Puritans in Eng land or HoUand, during the religious and ci-vic beat and ferocity that foUowed the Reformation, it was not to be ex pected tbat any would be begotten after tbe migration to America, wbere civic strife and religious ferocity were im proved upon by imprisonment, the pillory, the cat-o-nine-tails, starving and tbe Tyburn Gibbet. That gibbet, be it ever remem bered, was not to break the necks of men and women for murder, but to bang neighbors and friends because they icould not believe an impossible creed — a creed that in the century from 1775 to 1875 was battered into pulp in New England by the "apostolic blows and knocks" of the children of the Puri tans who murdered their neighbors for nonconformity to it. The latest Northern opinion of note, and one ex cathedra, on Mr. Webster as an orator is by the Rev. B. F. Tefft, D. D., L. L. D., in his preface to a recent volume containing eleven speeches by Mr. Webster which Dr. Tefft considers to be the greatest of the many be delivered. He says: "It is to be hoped that his style of elocution — calm, slow, dignified, natural, imambitious, and yet direct and powerful, will take the place of tbe showy, flowery, flashy, fitful and bois terous sort of speeches which seem to be becoming too com mon; which so breaks down the health of the speaker, and which is nevertheless most likely to strike the feelings and corrupt the judgment of the young, * * * I bave never heard Mr. Webster, even when most excited, raise his voice higher or sink it lower, or utter his words more rapidly than he could do consistently with the most perfect ease. He never played the orator. What he had to say he said as easily, as naturally and yet as forcibly as possible, with such a voice as he used in common conversation, only elevated and strength ened to meet the demands of bis large audience. So intent did he seem to be, so intent he certainly was, in making bis hearers see and feel as he did, in relation to the subject of the hour, that no one thought of his manner, or whether he had 70 TRUE VINDICATION OF THE SOUTH any manner, untU the speech was over. That is oratory, true oratory, and it is to be hoped that the more general distribu tion of these masterpieces will have tbe ultimate effect of mak* ing this tbe American standard of oratory from this age to all future ages." Dr. Tefft 's opinion of oratory and of orators, I am sure will not be approved by any Southern man. On the contrary, the facts he gives will convince all that Mr. Webster was not an orator. He, Uke Mr. Calhoun, was a reasoner, a logician; neither was gifted, as all orators are, witb strong imagination.. I doubt, from Dr. Tefft 's opinion of oratory, tbat be ever heard an orator. A noted orator from a Southern State spoke ui New York City one night about 1837. Two preachers, having heard how be could hold an audience, agreed to hear him. When they arrived at the door of the hall, one said, "Let's look at our watches and time him." At tbat moment the speaker uttered his first sentence. He spoke two hours. When he closed, the preachers were standing at tbe door with their watches in their bands, as when he began. Captivated by the first words, they had forgotten to sit down or to pocket their watches. When this orator — Seargent S. Prentiss, of Missis sippi — as contestant for a seat in the House of Congress, by permission of the House delivered bis speech, the Senators, -without formal adjournment, went to the House to hear him. Daniel Webster was greatly interested. As be Ustened, a Sena tor by him said: "Mr. Webster, did you ever hear anything equal to that?" "Never!" Webster replied, "except from Prentiss himself. ' ' Dr. Tefft resides in a region where true oratory has been unkno-wn since the day of James Otis. It was suffocated by Puritanism, fanaticism, commerce and avarice. It cannot sur vive a day in pawnshops, factories, whaling vessels and slave traders. 'The Puritan 's eloquence was and is ' ' tbe parcel of a reckoning." In the effectiveness of that vocabulary be has no superior, if any equal. In presenting this view of Mr. Webster as a speaker, I accord to him ability equal to that of any other American statesman. I wish to save American youths from being led astray by the false ascendancy imputed to Mr. Webster by a TRUE VINDICATION OF THE SOUTH 71 gentleman whose honorai*y titles alone of D. D. and L. L. D. might induce the untutored mind to accept tbe learned Doc tor's view of oratory and of what makes an orator. Witb tbe data now in band, we can consider Mr. Webster as orator, statesman, citizen and patriot. When Doctors differ, laymen are at sea. And among Mr. Webster's intimate ac quaintances and personal friends there is a vdde difference of opinion on his position as an orator. This disagreement is accountable for on two grounds: First, the capacity of thesje judges to decide what is oratory, and, second, tbe extent of their acquaintance with orators. They all assign Mr. Webster to the highest position as an orator, but when they go into details and describe bis style of speaking, they leave him as a great debater only. This no one can deny, that, as a logician he has had few superiors. Logic, however, is but one of the elements of oratory, and one of tbe least. The speaker who by icold logic alone reaches the judgment, is in no sense an orator. This effect may be produced by the essayist, by tbe Judge by his judicial opinion, by tbe la-wyer addressing a court on a question involving the Rule in Shelly 's Case, by the black smith over bis anvU. Passion in its broadest sense— deep emotion: — conviction — ' ' action — action — action ' ' — imagination — easy and apt expression by word, face and gesture — are the chief elements and gifts of a great orator. A full, sonorous, well modulated voice is a most effective adjunct, 'but not a necessity to an orator. All biographers of Mr. Webster are of opinion that he was a great oratpr. Some rank him witb Demosthenes, Cicero, Lord Chatham (Pitt) and Burke, and say he has no equal in America. But when they describe him while speaking, the description falls short of this opinion, or proves there are "many men of many minds" as to what oratory is. Henry Cabot Lodge, one biographer, declares tbat Mr. Webster was deficient in "cre ative imagination"— a fact patent in all his speeches. This clips the -wings which are as necessary to an orator as to a poet, though not to tbe same degree! Another biographer says Mr. Webster seldom gesticulated, and then with tbe right arm. The latest biographer (1911) Sydney George Fisher, Ltt. D. L. L. D., devotes a chapter to Webster's "eloquence." He 72 TRUE VINDICATION OF THE SOUTH draws a comparison between Webster, Burke, and Lord Chat ham, but it is not as orators, but as stylists. He ranks Webster among t'he few greatest oraiors, but be fails to characterize his oratory. His quotations from several speeches do not de scribe the orator. They show his thoughts and his, abiUty to. clothe them in gorgeous apparel. Oratory consists of two es sentials — first, the mental operation, and, second, the physical delivery, which includes voice, tones, gestures, facial expres sion and action. Briefly described, oratory consists of manner as well as matter. Tbe mental product is aU that Dr. Fisher considers. Edmund Burke was not a great orator. He emptied the House of Commons, but as a rhetorician be has no equal. Richard Brinsley Sheridan had not tbe magic wand of Burke to summon tbe tropes, similes and metaphors from the mind'fi vasty deep that came in rOyal array at bis bidding, but on the trial of Warren Hastings for despoUing the Begums in India, the address of Sheridan before the House of Lords was incom parably more powerful than the speech of Burke. In fact, that greatest master of the English language pronounced Sheri; dan's speech as the grandest oration that was ever uttered by human lips. And the world, with deliberate judgment, has affirmed that opinion. But it is waste of time and words to discuss with any son of New England tbe status of Daniel Webster as an orator. When she "makes up her mind" on any question she is "sot." (I beg to say I am indebted for that euphonious classicism to our most admirably amiable President* who for years has been running to and fro over the land tbat ballots might be increased, and dropping, like the good little girl blessed by the good Fairy, whenever he opened bis mouth, precious gems among vast multi tudes of the Faithful. I recaU at present but one other instance of such delicious verbal extravagance. It was a peroration to a lofty imaginary, eloquent flight by tbe same orator, ending in the brilUant burst, ' 'I wiU now get dovra to brass tacks. ' ' As the subject under consideration is oratory of the highest order, I make no apology for the introduction of those two appropriate classicp,l gems.) *Mr. Taft. TRUE VINDICATION OF THE SOUTH 73 There is a way open to settle forever and beyond cavil the question whether Daniel Webster was one of the world's few great orators. It is a quasi judicial procedure. New England contends that be is. She holds the affirmative and has pro claimed it lustily since 1830. When a plaintiff goes into court he is supposed to make tbe strongest statement of his case that the facts will afford. It is fair, therefore, to assume that New England, through ber many biographies of Webster has ex hausted ber accumulation of proof to raise him to the highest pinnacle as an orator. But to get a decision of a court there must be law as well as facts. Neither is of any use without the other. There must be a standard by which to judge oratory. The standard, if there be one, is the law to be applied to the facts before judgment can be rendered. Lack of this standard is the cause of dispute. Each man has his own standard and tbat is tbe law he appUes, and gives judgment. If the law — if the true standard — could be found, the law that neither plaintiff nor defendant (the pubUc in this case) could object to, a correct judgment could be arrived at readily. Fortunately for all par ties concerned the law that controls the case is in hand. It is law that New England can not question. Tbat is about the most hazardous declaration any man can make, in view of her action in church and State for three hundred years. Neverthe less, I shaU let it stand ; I should bave said I will not question it, because it is tbe law as expounded by her greatest son, her wisest statesman, her strongest inteUect, ber greatest orator, ber dearest idol — excepting one only, the man, John Brown, whom New England deifled in 1859. In the opinion of New England, there has lived but one man whom the description here given could possibly fit, and be was Daniel Webster. In that surmise she is correct, for he announced the law of oratory and eloquence in bis eulogy on Jefferson and Adams, as follows : ' ' Clearness, force and earnestness are tbe qualities which pro duce conviction. True eloquence, indeed, does not consist ih speech. It can not be brought from far. Labor and learmng may toil for it, but they -will toil in vain. Words and phrases may be marshaled in every way, but they can not compass it. It must exist in the man, in the subject, and in the occasion. Affected passion, intense expression, the pomp of declamation. 74 TRUE VINDICATION OF THE SOUTH all may aspire after it ; they can not reach it. It comes, if it comes at all, like the outbursting of a fountain from the earth, or the bursting forth of volcanic fires, with spontaneous, origi nal native force. * * * The clear conception, outrunning the deductions of logic, the bigh purpose, the firm resolve, the dauntless spirituspeaking on the tongue, beaming from the eye, informing every feature, and urging the whole man onward, right, onward to his object — ^this, this is eloquence, or rather, it is sb^mething greater and higher than eloquence, it is action, noble, sublime, godlike action." Those who doubt can lay side by side Dr. Tefft 's description of Webster's oratory and Webster's description of oratory, and decide whether there are any two features alike. Dr. Tefft says : "Webster as an orator was 'calm, slow, dignified, natural, unambitious.' " Webster's idea of oratory: "It comes, if it comes at all, like the outbursting of a fountain from the earth, or the bursting forth of volcanic fire -with spontaneous original native force. ' ' CHAPTER xn. MORE AS TO WEBSTER'S ORATORY- SOME OF HIS FAULTS. I have' said that tbe error in assigning to Mr. Webster tbe station of first orator in America may be due to two causes — first, the incapacity to decide what is oratory, and, second, the extent of tbe acquaintance of these judges with orators. With out assuming any superior judgment on the question of oratory, I wUl submit my reason for that remark. It is a fact that no one who is weU informed on the debates in Congress, on the -hustings and on the sermons in the pulpit from colonial days to 1861, -will deny that the most effective orators were Southern men. The strongest statesmen were also Southerners. The rea sons for this are ob-vious. The men of the North, as a rule, were men of affairs, were inercbants, traders on land and on seas. They thought then, as now, in doUars and cents. This, in part, was from necessity. The cUmate was severe ; the working days were few as compared -with the seasons in the South; living was strenuous, and arithmetic was more attractive than rhetoric. When they put their tools aside, stopped their plows in the furrow, or laid down the yard stick, to listen to a talker, they insisted on hearing something besides gab, something tbat would pay, tbat could better their condition. Again, in the main, they were Puritans. The niling classes were Puritans. And as their history shows, they were actuated by two controll ing forces, one reUgious fanaticism and the other insatiable avarice. Those who were not Puritans, if they escaped the vims of fanaticism, by association and absorption contracted the vice of greed for gold. It was the latter that drove them to the high seas as whalers, and, especially, as hunters of negroes in Africa to seU them as slaves to whomsoever would pay the price. These occupations were not stimulants of the most eff ec- tive'of human agencies — oratory, They were not a hot bed to sprout young orators". 76 TRUE VINDICATION OF THE SOUTH There was another reason for the deficiency of oratory in the Northern or free Statep. It was the depressing effect on the mind and the emotions of Puritanism. Its repeUent ascet icism, its sullen serenity, its religious fanaticism, its tyrannical espionage over family relations, its sanctimonious precisian ism, its inquisitorial constabulary, its Sabbatarian Arctic atmos phere, and Pharisaism, were more than enough to freeze all emotions in the bud, and to repress every form of eloquence. But of aU agencies for stifling any growth of oratory, the worst or most effective were the sermons in the Puritan "meet ing house" on the Sabbath. Attendance was compulsory on fathers, mothers, children, bachelors, spinsters, widowers and widows. This was the chief duty of a Puritan, and failure to perform it was punishable by fine, or, in default of payment, with imprisonment, and, in some instances, witb banishment, or sentence by tbe High Court to slavery for life among negro slaves in tbe Barbadoes or West Indies. This condition was about as conducive to eloquence as wearing the bilbo, or stand ing in the pillory, all of one day in every week. But there was another ordeal the young victims were forced to imdergo, to which, in comparison, the sweat-box was equal to a watermelon patch to a negro. This was the style of oratory and the matter of the long-winded sermons seasoned with brimstone and hellfire, and that grated on their nerves from four to six hours every Sunday. For more than a century after . Plymouth Rock succeeded the Tarpeian Rock in its bloody sacrifice, there was not a preacher in the entire Puritan hier archy who could be classed as an orator, nor was there a lay man an, orator untU the soul of James Otis was set on fire by the rising flame that produxjed tbe conflagration of 1776. The pulpits were fiUed by dialecticians, by didactieians, by ' exegetists, by schoUasts, commentators, expounders of Scrip ture, egotistic bigots, ignorant aspirants to be expositors and elucidators of St. Paul's metapbygics. And the popular dis courses, or compositions, were on the abstruse puzzles of the doctrine of Election, Salvation by Faith, Salvation by Works, tbe Mystery of the Triune Godhead, Original Sin, Mankind's Total Depravity, Baptism, Witchcraft, a Personal DevU, Hell- fire, Eternal Damnation, et id onme genus. The Personal Devil TRUE VINDICATION OF THE SOUTH 77 with horns, hoofs and tail was tbe popular Caliban chained in every pulpit, ready like Jack-in-the-box to be sprung after the affrighted audience had been scorched by the burning brim stone into hysterics. He it was who bought the souls of women and young girls with tbe Black Shilling, and then changed them to witches. While young and old were held fast to the benches by tbe fear of ten shillings fine, and were compelled to listen to what they could not understand and what the preachers did not understand, a guard with a staff in band was stationed so be could see all faces, and if lany one smiled, or whispered, or was fidgety or bad to scratch, the guard would march across and tap the offender with his badge of authority as a warning not to repeat the offense. This theological glacier covered New England for more than a century. Under its arctic breath not even the lichens of oratorical growth could take root. Then came, early in the eighteenth century, Jona than Edwards, who, standing on the solid glacier prepared for his coming, witb the commission of an angry God in his hand, lifted the lid off tbe seething, roaring, boiling, brimstone bil lows of Hell for bis panic-stricken bearers to see their certain destination and doom. Listen to bis wrathful denunciation a moment before we pass on: "The bow of God's -wrath is bent, and the arrow made ready on the string, and Justice bends the bow ; and it is noth ing but the mere pleasure of God — andi that an angry God, without any promise or obligation at all — that keeps tbe arrow one moment from being made drunk with your blood. The God that holds you over the pit of Hell — ^much as one holds a spider, or some loathsome insect over the fire — ^a,bhors you and is dreadfully provoked. His wrath towards you burns Uke fire. He looks upon you as being worthy of nothing else but to be cast in the fire. He is of purer eyes than to bear to have you in his sight; you are ten thousand times more abominable in His eyes than the most hateful venomous ser pent is in ours." (Sermon "On Sinners in the Hand of an angry God.") An eye witness said that the hearers of Ed wards were so frightened that they, trembled, turned livid, and clutched the benches and each other from fear of falling into Hell. 78 TRUE VINDICATION OF THE SOUTH It is scarcely presumptuous in any one to entertain the opinion that even the most learned scholars with a line of Puritan ancestors extending throtigh three centuries, with such an environment as I have imperfectly desicribed; with such a succession of cold, unimpassioned ascetic preachers, who, there fore, have not had the opportunity to hear great orators, are as well qualified to sit as judges on the question of true oratory as others who bave heard year in and year out such orators as Henry Clay, William Pinkney, William Wirt, WUUam C. Preston, Seargent S. Prentiss, and many, many more Uke them. Mr. Webster, coming less than a quaii;er of a century after Jonathan Edwards passed away, and being of a Puritan stock by whom but one great orator, George Whitefield, had ever been heard; never having heard a master of elocution untU he entered Congress, when he was thirty years old, after his own delivery bad become seasoned and set, could not whoUy escape the repressive influence of the stereotyped, tricentary medio crity that surrounded him like the encasing air. We hear this influence in his "slow, icalm, dignified elocution," in his "conversational voice," in his neglect of gesticulatory inter pretation, in bis lack of facial expression, except what was the gift of nature in bis luminous eyes. We see it in his "practice before the glass," so to speak, as wben bis son, Fletcher, saw bim— While angling in a brook — advance bis right foot, raise his eyes heavenward and— bis right band pointing up— de claiming: "Venerable men! You have come down to us from a former generation;" or we know it by his constant revision of all his speeches after delivery, expunging here, adding there, striking Latinities and inserting Anglo-Saxonisms, so that no speech exists today as he delivered it. We know bis deficiency in what Senator Lodge caUs "Icreative imagination." He was a mighty reasoner; master of words with his pen, after deliber ation, but not wben on his feet, as was Prentiss, who, aU that . beard him agreed, spoke no word that could be impro-ved iy the use of another. Mr. Webster's great power was in his almost infaUible logic ; in his earnestness of manner, and his elear distinct enunciation, and bis deep, meUow voice. Every country or government of distinction in history has had separate periods tbat were so different that they have TRUE VINDICATION OF THE SOUTH 79 been known by appropriate names. Greece had ber heroic age and her golden age under Pericles. Rome had her colonial, her conquering and heroic age, and then her golden age under Augustus. Our Government had first its moral and patriotic age, next her combative, intellectual agfe, and last ber age of lawlessness, greed, graft and immorality. To be explicit I will add that, for about a quarter-century after the Revolution, the eleietorate chose their public servants for their personal honor, patriotism and fidelity, and not for intellectual ability. They preferred an honest common-place to a brilliant knave. But this decision was greatly modified by the constant agitation by the AboUtionists tbat grew worse every year, who pelted Congress every December witb petitions demanding the aboli tion of slavery — an act not within the power of Congress to do, as those fanatics were told la thousand times without abat ing their insane conduct a minute or a line. This quarter-cen tury was around the year 1810. Soon the war of 1812 was brewing, and the refusal of Massachusetts and other New Eng land States to honor President Madison's call for troops in tensified tbe sectional feeling the fanatical Abolitionists had been inflaming for twenty years. It was about this period when the voters, North and South, began to think more of ability in their Congressmen. At this time New Hampshire discovered Daniel Webster and sent him to Congress ; then be moved to Boston and she sent him to Congress and kept him in the Senate until 1841. In 1816 the tariff loomed up with poirtentous proportions. Tn 1820 a new danger to the Repub lic alarmed all patriots when the Missouri Compromise had to be adopted by Congress — ^that admittedly had nc iurisdic- tion over the question involved — to insure the public peace. Sq far we have been looking at Mr. Webster's strength. That justice may be done and history not ibe made to speak; falsely, we must note his weaknesses. He had some venial faults, some very grievous. Tbe venial are the common heri tage of mankind and we need not dwell on them, but it is tbe duty of aU dealing witb biography to bring to light the faults as well as tbe virtues of those of whom they write. Biography has a twofold purpose; one is to encourage and to stimulate coming generations to pursue virtue, and the other is to warn 80 TRUE VINDICATION OF THE SOUTH them to shun vice. While I am not writing biography, there are certain quaUties and conduct of Mr. Webster that lie directly in the path I am on, and cannot be avoided. With his ¦ admirers and extoUers at the North, Mr. Webster for thirty years, ending March 7th, 1850, was Ajax carrying, supporting and defending single-handed the Constitution and tbe Union, and was held aloft above aU Southern men as a model for youth and manhood. He was Sir Oracle, Priest, and Prophet; he was infaUible. I bave sho-wn that be was a descendant through many generations of the rough, imcouth, thorny Puri tan stock. Although he was buUt on too large a^ scale intelleo tually to tolerate the Puritan's superstitions and ungodly re ligion, yet he did not escape the social uncoutimess inherent to Puritanism. It was his environment ; it stuck to bim under all the refinements, etiquette and courtesies of Washington society. While Secretary of State, when ladies caUed on business to see him, he did not offer a chair, but kept them standing. He was gentle by nature, but tbe Puritan rough bark was never rubbed off nor smoothed down. One of his grievous faults was insensibility tp the obligation of debt. By consensus of all civilized and semi-barbarous peoples, this fault is one of the worst; for, although not criminal, there is no grade of offense that lies between it and cheating and swindling; so close are they tbat, to avoid one the offender must move into the other. This moral insensibility envelops ingratitude, selfishness and indifference to the legal rights, comfort, pleasures and welfare of creditors and their families. An incident in the life of Mr. Webster has been repeated in a journal within a few months past. It was this: "Henry Clay, who was of the same breed of debtor, but not a thoroughbred Uke Mr. Webster, went to Riggs's Bank in Wash ington to get a loan on his ovra note of $250.00. He was told. tbat by the rules of the hank he must get an endorser. He asked Webster to endorse, who gladly agreed to "oblige his friend." "By the way. Clay, I want $250.00 right now. Can't you make the note for $500.00 ? " " Certainly ! ' '¦ said Mr. Clay, "glad to help you out." The note was made for $500.00, and tbe bank lent the money and holds the note now "in memory of the deceased." Mr. Webster was always careless with TRUE VINDICATION OF THE SOUTH 81 money. He, on one occasion,' had read a law report he wished to use before a court. He desired to mark the page ; there was no loose paper near, and after looking around him, he felt in his vest i)ocket, took out a $5.00 bill and put it at the page. It turned out that he did not use the decision, and the biU re mained in the book and was found after many years. There are those who do not consider this indifference to debt a very great deficiency in Mr. Webster's character. This is because they are deficient in the same spot. Every com munity has Dick SwiveUers whose debts make of them cowards and they avoid certain streets in order to dodge their credi tors; also Harold Skimpoles who have no sense of the value of money. Mr. Webster was not driven into other streets, like Dick Swlveller, to dodge creditbrs, as he received in fees large sums, but, Uke Uttle Harold Skimpole, be did not know the value of money, and could not keep it. He must have been a Mr. Mieawber in the flesh in one respect. When Mr. Micawber signed one of his hundreds of promissory notes in the shape of "I. 0. U.," be would exclaim with a feeling of great relief — "Thank God! tbat debt is paid." What would this world be, if, when it started out on its pilgrimage thousands of years ago, aU men had no more regard for their "promise to pay" than had Daniel Webster? The human family would probably be squatted like tbe Chaldeans, or their distant forbears, on the plains of Shinar, swapping kids and lambs, bullocks and heifers, for food, and skins for wear, and thousands of un happy debtors would never have been oppressed by "where ases" followed by "fleri f aclases" and then by "scire f aclases" that served as unsolicited letters of introduction to bigh officials dweUing -within gloomy walls and behind iron doors. There could bave been no credit and no progress, for credit, like faith, removes mountains. This is but tbe physical aspect of the world. What the effect on the morality of men would have. been, even tbe imagination icannot portray. But, unfortunate as was this indifference to monetary obligations, it led to other and far more reprehensible conduct of Mr. Web ster. This requires a few introductory remarks : I bave said tbat Mr. Webster . entered Congress in 1812, New Hampshire, bis native State, sent bim. After serving two 82 TI^UE VINDICATION OF THE SOUTH terms he moved to Boston, and in 1823 Boston adopted him and sent him to the House of Congress, and in 1827 Massa chusetts sent him to the Senate. He had become a recognized national force by bis triumph in the ease of Dartmouth Col lege — ^where he captured the fuU Bench of the United States Supreme Court and bore it away as easily as Samson carried away the gate of Gaza. I have not dwelt thus long on Mr. Webster's venial and reprehensible weakness with tbe sUghtest pleasure, or feeling of gratification. On the contrary, -viewing this side of one of America's strongest inteUects has fiUed me with deep regret. It is like looking at Achilles in fuU arni,or holding bis magic shield, while the mind's eye dwells on his vulnerable and fatal heel, or, when we are lost in admira,tion: , of the wisdom of Lord Bacon, some vagrant thoughts will steal away and we detect them glancing at the great Lord Chancellor as he sells justice on the woolsack. In my boyhood I declaimed with pride: "Venerable men! you have come do-wn to us from a former generation. Heaven has boun- , teously lengthened out your Uves that you might see the light of this glorious day — ," and many others of those gorgeous Websterian fabrics, strong and beautiful, so elaborately re vised and poUshed again and again, that they resemble the rich and rare oriental tapestry woven at the cost and sacrifice of human life. I have never understood why Mr. Webster, in his eulogy on Jefferson and John Adams, delivered as a part of-, his ad dress an imaginary speech as made by Adams in the Continent al Congress, and silently allowed it to be printed and spread over the United States as actually delivered by John Adams. Every compUation of extracts from speeches of our great ora tors for declamation in schools, contains the speech beginning : "Sink or swim, live or die, survive or perish, I give my band and my heart to this vote!" The occasion was sublimely sol emn. The lives of the two men, Jefferson and Adams, were deserving all that any orator could bring to pl£|,ce on their brows as a crown of glory; and nothing but the strictest conformity to trath and history was permissible. But the orator trifled -with his audience by fabricating a patriot's arid TRUE VINDICATION OF THE SOUTH 83 an orator's glowing words, and by introducing Adams as the patriot and orator. I say I have never understood why this trick was played, but I have a theory, which, in the absence of a better, may be worthy of acceptance. This address was deUvered in 1826 in Faneuil Hall. The men to be eulogized were antipodal — Jef ferson, Southern; Adams, Northern; Jefferson, a Cavalier; Adams, a Puritan ; , Jefferson, a Virginian ; Adams, a typical product of New England — bigoted, narrow and uncivil. As an instance of this — wben Jefferson, his successor in the presi dency, was to be inaugurated, Adams was so uncivilized and ill- bred that he refused to meet Jefferson, or to attend his inaugu ration, and hurried away from the Capital tbe minute his term of office expired. Mr. Webster knew both subjects of his eulogy. He knew Adams intimately, and knew his inferiority to Jefferson. His task was not easy, for, addressing a New England audience he could not afford to do otherwise than to try to elevate tbe Puritan approximately to the lofty height of the Cavalier. He icould not "tear angels down," so he attempted "to raise" a very mortal "mortal to the skies." To do this be resorted to the ruse of exploiting Adams as a great orator, knowing Jef ferson was not; and as be could not produce, cite, or quote any great speech of Adams, and as tbe country knew that the speeches in the Congress never passed beyond the walls of the building, Mr. Webster bit on the device of having obtained, in some way, a speech tbat Adams delivered during the secret debate. It may be that Adams had practiced a pious fraud on Mr. Webster at some moment of convivial confidence, by giving bim, under pledge of secrecy, a copy of a speech he asserted he made in the Congress, and Mr. Webster dressed it in a suit of his Sunday clothes for its introduction to Faneuil Hall. And as Mr. Webster icould not tell bow he got it, and also knew that, should he tell, Adams would be denounced, as a liar far and wide, Mr. Webster introduced tbe speech with the foUo-wing ambiguous verbiage; "Hancock presides over the solemn sitting; and one of those not yet prepared to pronounce for absolute independence is on the floor, and is urging bis reasons for dissenting from 84 TRUE VINDICATION OF THE SOUTH tbe declaration: 'Let us pause. This step once taken can not be retraced,' " etc., etc. As Mr. Webster's biographers say that he. always revised and praned severely every speech of importance, it may be that the above introduction was not what Mr. Webster spoke, but is what he afterwards wrote for pub lication. President Fillmore asked Mr. Webster what author ity be bad for putting that speech into tbe mouth of John Adams. "None, except Mr. Adan^s's general character. I -wiU tell you what is not generally known. I wrote that speech one morning before breakfast in my library, and when it was finished my paper was wet ¦with tears." It will be noticed in Mr. Webster's eulogy that he first created a very timid patriot — one who let "I dare not" wait upon "I would;" who held the dagger over tbe heart of the old tyrant king, but was too cowardly to strike — and stood him up, quaking, to drivel out his fears to the Conven tion, iand then made his New England hero cry — "Give me the dagger!", and thrill bis paUid compatriots with a grand ¦ oration, opening with a double tautology — "Sink or swim, live or die, sur^vive or perish, I give my heart and my hand to this vote," (composed by Mr. Webster A. D. 1826, one morning before breakfast, in his Ubrary) so eloquently , that, thirty-eight years after the imaginary orator closed with the opening tautology, Mr. Webster shed tears so copiously as to wet the paper be wrote this imaginary hero's imaginary oration on. If another edition of D 'Israeli's Curiosi ties of Literature sboT7ld ever be issued, its richest and rarest gem would be the story of John Adams's greatest oration, that drew tears from New England's greatest orator while he was composing it thirty-eight years after tbe only occasion, whep it might have been delivered, had passed. After Mr. Webstei^ had wept profusely over Adams's imaginary speech,' composed by Webster himself, be exclaimed in bis eulogy — "And so shall that day be honored, illustrious Prophet and Patriot! So that day shall be honored ! "i— the audience not dreaming that Mr. Webster was the "Ulustrious Prophet and Patriot." The old saw — "there are tricks in all trades but ours," is recalled by this interpolation of an imaginary speech. Tf the TRUE VINDICATION OF THE SOUTH! 85 purpose was to exalt Adams above Jefferson, it was, no doubt, successful witb a New England audience. The speajker was the proudest champion of that group of States, and in his heart they overlay all other States in the Union. He knew their weaknesses, and that tbe Union was of greater value to them in doUars and cents than to the Southern States, and his devotion to the Union was largely fostered by that knowledge. As slight evidence of this first love, as well as of Mr. Webster's intention to enhance tbe glory of John Adams, even the casual reader of this address and eulogy observes that he eulogizes Hancock, President of the Congress, and Samuel Adams and Elbridge Gerry and Robert Treat Paine, all colleagues of John Adams in tbat Congress, and he says not a word of the six colleagues of Jefferson. Why devote a page to these Puritans and ignore the more distinguished and abler Cavaliers ? CHAPTER Xin. WEBSTER AS STATESMAN AND PATRIOT. I shall now consider Mr. Webster as a statesman and patriot. Why I link the two vsdU appear as I proceed. As a master of the science of political government, (if it may be properly caUed a science), he probably had no superior in this leonntry, excepting Thomas Jefferson, Alexander Hamilton and John C. Calhoun. As the rich nugget found on the surface indicates the wealth of gold beneath, every speech of Mr. Web ster's suggests the vastness of bis resources lying in reserve. There was one occasion — tbe greatest in his eventful career — when he sank the statesman and the patriot in the partisan and lawyer. It was when he replied to Robert Y. Hayne in , the Senate, January 26th, 1830. That speech is the corner stone on which the height of his massive fame now rests. He was then in the vigor, mental and physical, of his mature man hood — being forty-eight years of age. He bad won national fame by bis argument in tbe ease of the Dartmouth CoUege vs. Woodward in 1818. He had enraptured the Old, as well as the New World, by bis philanthropic sentiments expressed, in his "Plymouth Oration, December 22nd, 1820.'" He had gained distinction by his speech on "The Greek Revolution" in the House 'of Congress, January 19th, 1824. He had arrested the attention and the labors of the busy sons of a second genera tion, to hear a recital of the heroic deeds and sacrifices of their sires, by bis oration at the base of Bunker Hill Monument. In another field of thought which he enriched and adorned, he had delivered bis eulogy on Jefferson and Adams, July 4th, 1826. Wben he rose to reply to Hayne be bad a reputation as an orator and as a statesman, and master of our federal con stitution, that surpassed tbat of all other Americans. To sus tain this high and enviable reputation; to hold the belt he wore as champion in America; to win other and greater laurels; was a temptation tbat few, if any, mortals could resist. Un fortunately, Mr. Webster, ingrafted with many frailties, was TRUE VINDICATION OF THE SOUTH 87 not one of the strong and noble few. He struck not the rock that healing ijvaters might flow. He struck for personal vic tory without counting the cost. He was blinded by the glitter that shines afar from the temple of Fame, and could not see that in thrusting at the antagonist before bim be was stabbing his beloved mother— his country. Like Hamlet, vrixo with his rapier rent the arras to reach — as he thought— the King, but kiUed Polonius, he with bis Damascus blade cut down the Con- stitutioji to conquer his adversary. But there was another, and, if possible, a stronger motive impeUing Mr. Webster to enter tbe lists for victory. From 1828 to 1830, inclusive, tbe whole country was more violently eacited than at any other period before tbe debate on slavery in 1850. The Puritans were aroused again by religious fanaticism in tbe form of the immorality and sin of slavery, and by avarice that was fattening on Protection. The two sec tions — the North and the South— ^bad drawn the line (Mason's and Dixon's) and were in hostile array. Each, for ten years, had been marshalling its intellectual giants at Washington for ,the combat. The front of each of the forces was uncovered in 1820 when the struggle over the admission of Missouri as a State was on. The negro slave was tbe casus belli. Tbe battle raged furiously for months, and peace was not declared until a truce was agreed on in the form of a compromise. Still, the Puritans, whUe baffled for tbe time, sullenly retired with the avowed purpose to agitate freedom of slaves by Congress. The Compromise left the other Puritan vice — avarice — in full play; and a new Tariff BiU for Protection was passed in 1824, and still another, with greatly advanced oppressive rates, in 1828, that shocked tbe entire country except New England. South Carolina was aroused to sucb a degree of protest that she inaugurated the tmovement known as "Nullification.'' Senator Hayne, speaking for South Carolina, attacked the ecor nomic policy embodied in the statute of 1828, and Webster, as the paid counsel for the factories bad to defend the statute. Minor debates occurred in the Senate during 1828 and 1829 on the injustice and sectional advantages of the law. Several passages took place between tbe two champions on whom the final struggle devolved in Jandary, 1830, 88 TRUE VINDICATION OF THE SOUTH Just here it is opportune to notice the oft repeated boast by Webster's admirers and bolsterers tbat the debate was sprung on him by Hayne as a surprise, and that he repUed with the preparation of only one night. A more palpable, open, barefaced fraud was never worked up and palmed off on a trusting pubUc, or a blind beggar. Every step in the life of Mr. Webster puts this Munchausen romance — ^this Canterbury ,;; tale— this braggart's subterfuge— this cock and buU story— to shame. FIRST : Mr. Webster's chief study, from the time he entered ; Mr. Thompson's office as a student of law, was the federal Constitution. It was bis primer, bis vade mecum, his Bible. He was not a great lavsryer. Innumerable instances are given of bis application to Judge Story and other great jurists for the law he desired in cases be had to try. But be adored the Constitution. He pored over it year by year, and no man understood it better, if as well. SECOND : Mr. Webster made a special study for two years of the question of Nullification and Secession before bis final debate witb Hayne. Secession was not a new question. It was as old as the ordinances of New York and Virginia adapt ing or agreeing to the Constitution. It reappeared in Ken tucky by her Resolutions of 1798. It was again emphasized by Josiah Quincy of Massachusetts in a speech in Congress ui 1811. It was in the air — ^buzzing around the bead of Mr. Web ster — in New England for thirty years before the debate in 1830. The Hartford Convention revived it. It was the ulti mate remedy advocated by the Puritan abolitionists by which New England could escape from aU responsibility for the un- pairdonable sin of negro slavery which she bad fastened on the South. It was advocated openly by these supersensitive saints who proposed to organize New England into a separate repub lic. Was Mr. Webster deaf from 1798 to 1830? Hugging the Constitution to his bosom as a palladium, did be fail to hear ' the ominous sound of Secession that was the alphabet of New England for young and old ? Did it shock bim ? Did it arouse him to action? Did be rise in his majesty, as in bis perora tion in reply to Hayne, and rebuke with anathemas the Puri tan Secessionists, and ask, "What is all this worth?" TRUE VINDICATION OF THE SOUTH 89 THIRD: Mr. Webster knew in 1827 that the question of Nullification was agitated in South Carolina and that a debate on it must occur in Congress. He knew; that Secession was I being considered in New England, and that it was considered feasible and probable, if Nullification should not be a remedy. Can any man honestly believe that Mr. Webster was not pre paring for the part be must take in a debate involving the life of the Union, which be professed to love as his mother? Was he idle for tbe two years proceeding tbe debate in 1830? To suppose it is to do him a great injustice and to deny the well known method he always employed as a speaker, which was not only to prepare carefully and write in full what he would deliver, but to write and rewrite the manuscript after the delivery. Would be faU to be preparing for the most im portant combat in bis life? It is not honest to think so, and it is not truthful to say that his reply to Hayne was extempore, or not thoroughly prepared. FOURTH : Mr. Webster did not beUeve in oratorical genius. He had no confidence in anything but labor, and he made that his genius. He said, when talking on this subject, that bis sen tence (speaking of Great Britain) : "Whose morning drum beat, foUowing tbe sun and keeping company with the hours, circles the earth -with one continuous and unbroken strain of the martial airs of England," was suggested to bim when view ing a military parade at Montreal, and that it required much thought, at different times, to construct and polish the sentence. It is affirmed by the biographer of Mr. Hayne, Mr. Jervey, of Charleston, S. C, that Mr. Webster did not cease to polish bis reply to Hayne for eleven years after its delivery. There is a tradition coming down from the age of Plato that a continent lying between Europe and America called "Atlantis" was sunk many milleniums ago in some total con vulsion of the earth, carrying down a very cruel and bloody people. There is a continent of New England's enormous his tory tbat without any seismic disturbance, but by conspiracy among her Puritan sons, direct and collateral, has been studi ously and laboriously smothered and concealed :?or near three hundred years. It is of a people bloody and cruel like the Atlantise, with the added superlative of religious fanaticism 90 TRUE VINDICATION OF THE SOUTH and insatiable avarice. It is a very smaU portion of this sub merged histoiry that ber great giant, Daniel Webster, was sup ported, in part, by men who battened on tariffs for Protection. For near fifty years bis many biographers, among them George Ticknor Curtis, Harvey, Edward Everett, C. H. Van Tyne; March and Plumer, as they wrote, have sat on the trap door tbat icovers this Puritan scandal and corruption. Senator Lodge in his brief story of Mr. Webster lifted, the trap quite enough for the public to catch the odor, but not enough for the eye to be seared. The men enjoying the benefits of Protection kept Mr. Web ster in public life to serve them by bis great ability. This thing was not done in a corner, nor behind the door. It was an agreement. Mr. Webster made money at the Bar, but he had no sense of economy. He spent la"visbly, was always embar rassed by debt and haunted by debtors, and to keep him in Congress he was paid to look after tbe .interest of the protected classes. There were forty (40) men who subscribed to an agreement to pay him a pension so long as he served them in the Senate. This fact is at last frankly' stated by Sidney George Fisher, Litt. D. & L. L. D., in his biography, "The True Daniel Webster," published in 1911, page 488. Thus Webster was the distinguished forerunner of Senator Piatt of New York and many hundred insignificant successors strung along from New England to Oregon, aU above the Ohio -River- ex cept a few carpet-baggers, fetid scabs sloughed from social putresence, who, after 1865, were set up like tenpins by the Protection Pensioners in the Senate to answer roll call. And this merchandise was called Senators, and is called Senators. This political debauchery— buying and owning a special at torney, dressing him in the white toga of a U. S. Senator— the passport of statesmen and patriots ; this relation of lawyer .and client imposed on the lawyer an obligation to serve his client to tbe utmost of his abUity. It was the most insidious, dangerous and effective form of treason a government ha^ ever encoomtered. Insidious, because it was tbe spirit tbat disrupts every social bond known to the human race; dangerous, be cause it cannot be seen and combated ; effective, because it de stroys every agency on which a government must rely for its TRUE VINDICATION OF THE SOUTH 91 preservation — ^the honor, courage and devotion of its citizens, or subjects. There were two overpowering temptations to make the speaker forget his country, tbe first, the desire to win the title of ¦victor; the other, was an obligation of honor that a lawyer feels to his client who is supporting bim. Just when, that is, the day, month, or year this corrupt coalition was formed is not known and never will be revealed. Probably every conspirator is dead. All conspirators at first are timid because they know not whom it is safe to approach. The common knowledge of human nature suggests tbat the ruin was wrought by gradual approaches, as sappers and miners work underground. It may bave been accomplished by tbe artful advances of tbe seducer. Tbe entering wedge employed was evidently the weakness of tbe victim as an economist ; as a debtor in distress because of his uncontroUable extravagance. It may have been accomplished as those Puri tan bribers' descendants now manage their Trusts — "by a ¦wink," "a nod," or a figure or a label on each conspirator with a letter of tbe alphabet, as "A" stands for Armour, "B" for Swift, "C" for Cudaby, or "a verbal understanding among gentlemen." (?) We know tbat Mr. Webster entered Con gress inclined to free trade; that be gradually changed until he favored Protection before 1828, and tbe debate under re view was in January, 1830. We know be was then past middle life, that be had been master of Marshfield years before the debate; that be bad stocked his farm with, tbe most costly cat tle, sheep and horses, and that tbe farm was quicksand for sinking money. It would throw Ught on this national scandal could we know the date of tbe paper signed by the forty seduc ers, if indeed, seduction was necessary. As this review of Mr. Webster — ^the magnus Apollo of all New England's sons — is in part an answer to her continued, constant assumption and boast in books, speeches, magazines, daily, weekly and monthly journals, of her immeasurable superJ iority in intellect, religion, morality, virtue, intelligence, cul ture, manners, ethics and all else tbat pertains to civilized people, I will conclude this point of view by saying that he would have been a reckless and a desperate man who would have dared to suggest to Calhoun, Hayne, Forsyth, Crawford, 92 TRUE VINDICATION OF THE SOUTH Toombs, Stephens, or any other of tbe South 's thousands of' public men, that be should remain in Congress on private pay to advocate the interests of any man, or privileged class, against tbe interests of the common country. CHAPTER XIV. MR. WEBSTER'S MORAL ATTITUDE CONSIDERED. Let us look at Mr. Webster's moral attitude when he was preparing bis reply to Hayne. The gravemen of the contro versy was tbe High Protective Tariff of 1828. He was then the paid counsel and advocate of tbe reapers of riches from that ravenous monster. Wben its head, with destructive aspect, appeared in the East, be heard the alarm sounded in the South of danger to the Union. He knew that disunion was death to this vampire that was sucking the blood of all except his clients. Nullification was the dreadful note. He knew that every Southern State, except South Carolina, dis approved of ber remedy. Therefore, he knew be was on solid ground in attacking NuUification. But, he also knew that Secession was a national doctrine. It bad been asserted by Virginia, New York and Kentucky; in Rawle's Text Book at West Point, and advocated a thousand times by New England statesmen, orators, preachers, speaking singly and in a number of conventions. It was a remedy as variant from Nullification as the withdrawal of a number of church members from a large congregation is from burning the church and scattering the entire number among other denominations; as when, for instance, in 1844 tbe Southern portion of the Methodists with drew or seceded from the United Church of the entire Union, because the Northern members used their strength and ex peUed Bishop Andrew of Georgia because his wife owned slaves she had inherited and held in ber own right. Mr. Webster, whUe his mighty brain was revolving the multiform issue, discovered without debate tbat the death blow be might deal to NuUification would stiU leave intact, unhurt and available the remedy of Secession, which bis o^wn clients not only conceded as constitutional, but bad advocated so often that it was, so to speak, the political alphabet of New 94 TRUE VINDICATION OF THE SOUTH England. He saw, of course^ that Secession, whUe not so disas trous to the beneficiaries of Protection, would cripple them badly, as they would have only about half the impotent sub jects to prey on. His only course, therefore, was to defy pub lic sentiment. North and South, to over-ride for their benefit (as counsel sometimes bave to do) the opinions of his ovra clients and constituents; to push aside the Constitution that contained no inhibition except what was expressed in lan guage so plain tbat he who runs may read and understand; to seize Secession without warrant or authority of law and charge it as being as vile a traitor as Nullification that proposed to stay in the Union and to defy its laws ; and to sack and drown the two together; and while hugging to his palpitating bosom the assaulted Union, to arouse the sympathy of the jury sAi obtain a verdict by such ra^visbing sophistry, and his clients would then be left ¦with free hands and an open field to continue their plunder of tbe public to the verge of Revolution, which they are now rapidly approaching. He could then say as Brutus to the co-conspirators — "Now let high-spirited tyranny reign on" — tyranny of numbers — tyranny of factories over the fields — ^of Puritan greed over a burdened and weary con tinent ; tyranny of usurpation of power not named in the bond- in the compact, or contract, caUed the Constitution. Mr. Tefft (compiler of Webster's eleven greatest speeches) reaffirms the stale discredited tradition tbat the reply to Hayne "was nearly extemporaneous." Webster bad studied the Con stitution until be knew it by heart. This study ran through thirty years. He bad reflected on the question of Secession just as long, simply because New England did not allow him to escape it. In 1828 Secession passed from a theory to an urgent practical issue to be, met and decided. It was forced ' to the front by threat of NuUification. Here was Webster's stamping ground, soon to be a battle-field. He treated the two as twin-monsters. The Constitution was bis ovra great pet specialty. He was .attorney for cUents who, he knew, would demand all tbe powers of his inteUect, as their all was staked on the issue. His national reputation as ' ' Tbe Great Expounder of the Constitution" was! to be maintained. As he always pre pared thoughtfully .and critically every speech wben time al- TRUE VINDICATION OF THE SOUTH 95 lowed, did he, in the most momentous hour of bis life, go fish ing and hunting, or dawdle at Marshfield among his pets — cattle and sheep? Did the rhetorician, who was such a sleep less guard over his fame as a faultless verbalist, as to rehearse by words, gesture and pose his Bunker Hill address while standing in a brook fishing for trout, neglect to prepare for the greatest occasion of his life, when defeat would be a Water loo to him and bis purse, bis cUents and New England, fol lowed for bim by a St. Helena? "Tell it not in Gath; preach it not on the streets of Ascalon" or any other town or hamlet outside the sacred soil of New England. I do not say sacred because it has been made' holy as the sepulchre of so many martyred Quakers and noble women and innocent children butchered as ¦witches, but because the dwellers thereon rever ence it as sacred. I spoke of the tradition as stale. Let me rather, say, an enchanting fable for children everywhere ex cept those of bis credulous old mother. New England, and only with them and ber because it is "impossible." Said an agnostic, speaking of miracles, "Tbe thing is impossible, and, therefore, I believe it." Mr. Webster, like Macaulay, was -widely noted for his ten acious memory. Macaulay going from Dover to Havre one stormy lught, being unable to sleep, sat on the deck alone and entertained himself by repeating Paradise Lost. Mr. Webster, after arranging bis thoughts for an address, however lengthy, without reducing them to writing, could deliver them as ar ranged without breaking the connection, or gamboling from the text. He had conned bis reply to Hayne until he was as familiar with every paragraph, sentence and word as he was ¦with Pope's "Essay on Man," which he could repeat in full. He had chosen bis vantage ground and bad planned the battle and was resting for months for tbe enemy to appear. In the words of Senator Benton he had been "lying in waiting for the hour to be delivered." His points of attack were selected with the skill of the incomparable Corsican, or of the immortal Lee wben he crushed the enemy at Chancellorsville and tbe Wilderness. He had stationed along his extended line at selected intervals all the material of war for attack and defense ¦with which nature had bounteously provided bim, and which 96 TRUE VINDICATION OF THE SOUTH laborious art bad improved by untiring practice. He had drawn on that world-wide arsenal in which is stored every perfect weapon tbat man can use, all fashioned and burnished by the greatest artisan "in the tide of times,''' who sleeps on the bank of the classic Avon. He bad timed the moment when he would bring into atction the light anns of humor, raiUery and satire ; when to open with the thunder of his heavy artil lery; when to frighten his adversary with the bloody ghost of Banquo and the quaking figure of the treacherous, traitorous new-made Thane of Cawdor — his fancied prototype of the un grateful son who would murder his benefactor and protector, the Union — ' ' willing to wound, and yet afraid to strike ; " he had planned by artfiil circumlocution to clothe bis ad^versary in the repulsive garb of a propagandist of treason; and then to overwhelm bim with a crushing blow, not only on Nullifica tion, but on its twin traitor. Secession. For bis peroration he drew on Lucifer for assistance when he prayed that his "last feeble and lingering glance should behold the gorgeous ensign of the Republic * * * stUl fuU high advanced." "Extemporaneous?" "Nearly extemporaneous?" JuSt about as extemporaneous as was the Declaration of Independ ence, or the Constitution of the United States. Had Mr. Webster been statesman and patriot on that fate ful day so fruitful of calamity and ruin, the drama cast by bim, himself the on^y actor, would not have been staged. He could and should have washed his soul of the bribe, and have offered himself white and pure as a sacrificial offering to save the Union. But, having a giant's strength, be was tempted by self-interest and ambition to use it Uke a giant. In bis zeal for the Union he wrecked the Constitution, which alone up held the Union. Unwittingly be anointed as both Seer and Prophet, tbe patriarch, and patriot— Patrick Henry— who pleaded with his mother, Virginia, not to unite her destiny with the Puritans. He demonstrated the wisdom of Senator Maclay of Pennsylvania who recorded in his Diary— "I would now remark that there is very little candor in New England , men. My knowledge of their character warrants me in dravtr- ing the conclusion that they wiU cabal against and endeavor TRUE VINDICATION OF THE SOUTH 97 to subvert any government which they have not the manage ment of." Witb bis flaming blade he wrote into the Constitution "Secession is Nullification, and Nullification is Treason." Tf he bad done as all great lawyers do — confined bis attack to the tme and only issue, that Nullification is Revolution, and on that solid foothold bad staid bis impetuous steps and sealed there his inflammatory lips; bad he had tbe moral courage to turn upon his rapacious clients — sons of "the horse-leech" ever crying "Give! Give!" — and tell them their greedi had pressed their victims to the very verge of disunion, and that he must turn his back upon them and bis face to his plundered country and put forth his strength to hold them at bay and protect the suffering miUions, be would have saved a half million of men from being food for powder, and thousands food for ¦vultures, and billions sufficient to purchase the United ^Kingdoms and Sovereignties of Europe. "CromweU! I charge thee, fling away ambition! By tbat sin f eU tbe angels ; how can man, then, The image of bis Maker, hope to win by it? Love thyself last * * * Corruption wins not more than honesty! I m * * m * * Let all tbe ends thou aim'st at be thy country's, God's and truth's; then if thou fall'st, 0 Cromwell, Thou faU'st a blessed martyr!" Wben the orator rounded off bis polished peroration — "Lib erty and Union, now and forever, one and inseparable" — the unthinking multitude at the North threw their bats in the air and shouted "Hosanna! the Union is safe!" They did not know the issue on trial. It was not Union nor Disunion. It was" THE PEOPLE VERSUS HIGH PROTECTION." When tbe sophist and pensioner, with the sleight .of band of the master of Three Card Monte, slipped Protection off the board and substituted Nulliflcation and proclaimed the case to be "THE PEOPLE AGAINST NULLIFICATION," and changed his Brief from that for the defendant— High Protec- TRUE VINDICATION OF THE SOUTH tion, to one in favor of the People, and after he bad successfully convicted Nullification of Ti-eason and then seized and dragged in Secession, and by bold, bald assertion, unsupported by reason and in defiance of the consensus of opinion. North and South, denounced Secession as twin traitor with Nullification, the jury rendered its verdict in favor of his clients and almoners. When the paid advocate by ipse dixit convinced the jury that Secession, like NulUfication, was Revolution and could not be effected without war, be set bloody treason afoot, and laid a train with burning fuse that just thirty years thereafter exploded a mine that laid low in death a half mUlion men, and made a million cripples and homeless widows and orphans. I have said the pensioned pleader set treason afloat. Is this rhetoric and no more? Is it a figment of the brain? Let us see. "Words are things, and a small drop of ink FaUing like dew upon a thought, produces That which makes thousands, perhaps millions, think." "Nullification is Revolution! Revolution is war ! Secession is Revolution, therefore Secession is war! When these words were read into the Constitution by its "Great Expounder," the Northern sesessionists, seeing tbat avenue closed, changed front, joined the abolitionists, and raised the cry — "Slavery must be destroyed." As hornets swarm for battle wben dis turbed, these conspirators rushed to the field. They flooded Congress with petitions. In 1835 37,000 petitioned Congress to abolish the tvdn sister of anarchy. Tn 1836, 110,000 petitioned. In 1838 the number of these patriots whose fathers had coined fabulous wealth out of this unpardonable sin, swelled to 500,000, and ran into millions before 1860. After Webster's speech (1830), abolition societies were rapidly organized. In 1836 there were 527. Tn 1837 the num ber was 1006. Tn 1838 there were 1346, and there were 155,000 enrolled members. Soon the children of the Northern States were seized with nausea and retching from the sour grapes their fathers had eaten so ravenously and waxed obese upon, and they assembled and endeavored to get relief, not from the TRUE VINDICATION OF THE SOUTH 99 accumulated fat but from the sin of their fathers, by passing statutes to punish any and all who should obey the law of Con gress requiring States to deliver up fugitive slaves. To resist a federal law "The Great Expounder" bad told them was treason. Patriotic Massachusetts was found among these defiers and nuUifiers of the law, and her Union loving sons soon became mobs to resist and nullify the laws of the Union they so much adored. To nullify the High Protective Tariff in South Carolina was Revolution — ^was treason. To nullify the fugitive slave statute in Massachusetts was patriotism, philanthropy, was executing the will of God! CHAPTER XV. REMARKS ON WEBSTER'S REPLY TO HAYNE. The three speeches by Daniel Webster that -wrought incal culable loss and ruin to the people of this country, are his argument in the equity case of Dartmouth College vs. Wood ward, bis reply to Robert Y. Hayne in January, 1830, and his reply to John C. Calhoun, in February, 1833. It is my pur pose to make good that assertion as to the replies to ^ayne and Calhoun. The Dartmouth College decision needs no comment. It has been a stump in the way of every lawyer of extensive practice ever since it was rendered. As the two replies were on the same subject — ^the tariff for Protection passed by Congress in 1828 — although deUvered near three years apart, and as the second (the reply to Cal houn) was but the complement and enlargement of the first, I shall notice both together, considering them, in some respects, as one. About the only difference in the cause of the debate with Hayne in 1830 and with Calhoun in 1833, was that the question of NuUification by South Carolina was a theory in 1830, whereas in 1833 it was an accomplished fact, and the Bill, ever since known as the Force Bill to coerce South Caro lina into obedience to the statute for Protection, was then pend ing in Congress. Webster's speech in 1833 was in reply to Cal houn's speech against the Force BiU. Calhoun replied to Web ster in an argument on the nature of our dual government that has never been answered. Before taking up for discussion the views of Mr. Webster, expressed in these two speeches, I think it wiU not be unprofitable to make a few remarks on his reply to Hayne. The first is tbat the speech, viewed as a whole, makes the impression that Mr. Webster was not enthusiastic in the con viction of the correctness of bis position. In Dr. Tefft 's com pilation of Webster's eleven greatest speeches and arguments, his reply to Hayne fills 91 pages. Of these, 64 pages are fiUed TRUE VINDICATION OF THE SOUTH 101 before he mentions the main issue. He begins on page 64, and says : ' ' This leads us to inquire into the origin of this govern ment and tbe sources of its power." Of the remaining 27 pages, more than half are on matters, some historical, that are dehors the record; such as, what New England did and did not when the embargo law was passed; the second is a waste of words in exploiting South Carolina's record on tariff for Protection, and the third a short dialogue from bis melodrama in which he stages tbe scene in Carolina when the Senator, (Hayne), General of the MUitia, should meet the federal troops in his State ordered there to coUect custom duties. The per oration covers two pages. It is a significant fact that in the entire 91 pages, the word "NuUification" occurs but once, and that the portentous word "Secession," familiar to him for thirty years, is not sounded at aU. The first 64 pages could bave been omitted without impairing the strength of the speech as an argument. But in his reply to Calhoun, three years later. Secession, Revolution, RebeUion and NulUfication roll along page after page, band- cuffed together as a bloody quartette equally guilty of treason, and aU fit only for the gallows. Why this change? Mr. Cal houn had not discussed Secession as a remedy for South Caro lina. The word, or the treasonous thing. Secession, was not in Mr. Webster's way! But he seized it — an innocent looker- on — and dragged it in, damned and banged it with the other traitors, as the entire country looked on in amazement, espec ially New England, where Secession had long been a house hold word, familiar to the ears of tbe speaker and volunteer hangman. Tn the last preceding chapter I gave a few of the sources that had made Secession so familiar to Mr. Webster. The hustings, the forum, the daily papers, the pulpits, every chan nel of infonnation ¦written, printed and spoken, bad been for thirty years vocal of Secession. Rev. Wm. E. Channing, New England's greatest religious light at that day, and only two years older than Webster, -wrote of slavery — "We are for Union — ^but not slavery. We will give the Union for the aboU- tion of slavery, if nothing else will gain it, but if we cannot gain it at aU, then the South is welcome to a dissolution — the 102 TRUE VINDICATION OF THE SOUTH sooner the better." What made Mr. Webster silent on Seces sion in 1830, what made him so violent against it in 1833? This caimot be answered in a word, or a sentence. To under stand what occurred we must go back to tbe time and scene — , j be "a looker-on in Vienna" — and gather up the surrounding I facts and from them catch the psychology of the moment. To do this it is necessary to repeat a few words from the preced ing chapter. From the beginning of the 19th century New England had been in a mental and spiritual ferment over slavery in the South. That is to say — Puritan religious fanati cism was again in the ascendant. This was sho-wn by Mr. Hayne in his speech, and Mr. Webster admits it by words that confess but a small part of the extent of tbe frenzy. When trying to belittle Hayne 's partial array of New England's turbulent and threatening writings and speeches against the South on account of negro slavery that she — ^New England — had fastened on the South, Mr. Webster said: "Why, sir, he (Hayne) has stretched a drag-net over the whole surface of perished pamphlets, indiscreet sermons, frothy paragraphs and popular addresses; over whatever the pulpit | in its moments of alarm, the press in its heats and partie^ in their extravagance, have severally thrown off in times of gen eral excitement and violence. He has thus swept together a mass of such things as — ^but that they are now old and cold — the public health would bave required bim rather to leave in their state of dispersion. For a good long hour or two he recited speeches, pamphlets, addresses, and all the et ceteras of the political press, such as warm beads produce in warm times." Two important facts are made prominent at this point in the debate; first, that to suggest Nullification of a statute of Congress by South Carolina was treason, and to be treated with the utmost severity by the government; and, second, that in New England, for more than thirty years, disunion, ¦'.'¦ secession, and forming a separate republic bad been advocated in every possible form and threatened from bar-rooms to pul pits, and New England's greatest statesman, when confronted with the facts, and not able to meet them, raised the Puritan : shield inscribed "I am holier than thou" and endeavored to TRUE, VINDICATION OF THE SOUTH 103 turn into ridicule any criticism of New England's acts. He had kno-wn all tbat Hayne quoted. He bad heard it through thirty years. He knew the authors were fanatics and danger ous beyond human conjecture. He should have denounced them as enemies of the Union, and have tried to segregate them socially, and thus forestall contamination by association and example. Instead of assuming the role of patriot be chose to play the part of Pantaloon. A statesman pure and imdefiled would have admitted the enormity of New England's many sins touching slavery, and have deplored her punic faith in trying to overthrow the Con stitution she had so recently accepted as her protecting shield. The admission coidd not bave weakened his attack on Nullifi cation. But Mr. Webster was not a statesman pure and un defiled. By nature he had been afflicted with the curse of Mammon common to tbe Puritans, and, by bargain and sale, the statesman had sold out all his natural endowment and all he had acquired to the committee of Forty, who represented the protected pensioners of the government huddled together mainly in Massachusetts. It must be a great pleasure to those who are on watch for coincidences to note tbat the number of thieves (40) who infested the town in Persia in the days of Ali Baba and Morgiana, and owned the cave that opened to no other word or agency than the word "Sesame," is the exact number (40) of Puritan bribers who bought Webster's head and honor by paying bim an annual pension so long as he was a Senator. Tbe Greeks would explain the coincidence by metempsychosis — ^that the 40 thieves of tbe twelfth cen tury, in Persia, had reappeared in the 19th century in Boston. Mr. Webster seems to have approached tbe main subject of his speech -with marked circumspection, and as if held in leash by an invisible power. That power was the sentiment of New England on tbe right of a State to secede. He was representing her industrial interests in the Senate, and ber favor was bis fortune. He was not decided as to Secession. This is shown by the Resolutions drawn by him and adopted by the mass ineeting at Framingbam in 1812 protesting against the embargo, and sent as a memorial to President Madison. 104 TRUE VINDICATION OF THE SOUTH The part of the Resolutions appropriate to this view, Ino-w quote : "We are, sir, from principle and habit, attached to the Union of the States. But the attachment is to the sub,stance and not to the form. It is to the good which this Union is capable of producing, aiid not to the e^vU which is suffered unnaturally to grow out of it. If the time should ever arrive when the Union shall be holden together by nothing but the authority of law; when its incorporating ¦vital principle shall become extinct; when its principal exercises shall consist of acts of power and authority, not of protection and beneficence; when it shall lose the strong bond which it hath hitherto had in the public affections ; and wben, consequently, we shaU be one, not in interest and mutual regard, but in name and form only — ^we, sir, shall look on tbat hour as the closing scene of our country's prosperity. "We shrink from the separation of the States as an event fraught with incalculable evils, and it is among the strongest objections to the present course of measures that they have, in our opinion, a very dangerous and alarming bearing on such an event. If a separation of tbe States ever shaU take place, it will be on some occasion wben one portion of the country undertakes to control, to regulate and to sacrifice the interests of another; when a small and heated majority in the government, taking counsel of their passions and not of their reason, contemptuously disregarding the interests and perhaps stopping the mouths of a large and respectable minor ity, shall by hasty, rash and runinous measures threaten to de stroy essential rights and lay waste the most important in terests." Mr. Webster wrote the above in 1812. He was then thirty years old. With diplomatic circumspection he teUs President Madison that he and tbe people of New England may be driven, by unjust legislation by Congress, to secede from the Union. His use of tbe word "Separation" has but one mean ing and that is Secession. "We shrink from the separation of the States." "If a separation of the States ever should take place." TRUE VINDICATION OF THE SOUTH 105 The second remark on the reply to Hayne is, that there is no record of another speech, ancient or modern, composed of such material, by which the speaker won sucb wealth of fame as Webster won by this. It is almost impossible to exagger ate the exceeding weight of glory it massed upon him. He was estimated as above comparision, in America, as a debater and rhetorician. And those who do not analyze the speech and weigh its parts, consider it as Webster's masterpiece. In rhetorical finish I think it his best. As an argument it is be low, probably, twenty of his speeches. As evidence of good judgment and statesmanship it sinks to tbe level of the sophist and empiric; as in making sport of the speeches, sermons, etc., of religious fanatics, produced by Hayne, instead of de ploring their perfidity and admitting their danger, and in putting Massachusetts on exhibition as a model, without quali fication, instead of being truthful on her record — ^the worst of any of all the colonies — ^America's graveyard for mur dered Christians and negro barbarians made slaves by her. If Hayne had replied he could have flayed Massachusetts year by year for two hundred years, and sent ber to Coventry with incurable bed-sores purging pestilent pus until tbe crack of doom. This speech brought to Webster's name more praise and glory than any other he ever delivered. And, yet, the perora tion is the chief piUar that sustains its reputation. Exclude the closing page and tbe magnificence of tbe speech was facti tious. Tbe entire Union was excited. Not one man and voter in fifty knew the meaning of the word "Tariff." Not one in a hundred had ever heard of Tariff for Protection, or imder- stood it when told of it. The people of all sections were de voted to the Union. Congress to them was a sacrificial assem blage of immaculate and industrious patriots, working for the common good and general welfare of all. They were told that South Carolina was trying to dissolve the Union, to throw everything into chaos, only because Congress, while passing a law to raise money to carry on tbe Government had put too much in the Bill. They did not understand what she meant by Nullification, nor how she intended to work it. 106 TRUE VINDICATION OF THE SOUTH Again, all tbe intelligence of the North favored high Pro tection, because the North got tbe benefits. The North was practically unanimous in support of the law, and the South, through ignorance of the real issue, was enlisted in favor of the Union. For these reasons, nearly tbe whole population was against the position of South Carolina. The Protection ists, who had the money, sowed every State, county and ham- ' let with printed copies of Webster's speech. Almost evei7 teacher of schools in the South was a "Yankee" from New England. Each was supplied with a copy of the speech, and boys in every school, North and South, declaimed the perora tion that bad been so artfully constructed, polished and beau- tified, to arouse the sentiment of devotion to the Uiuon. All things were in conjunction and apposition to crovra Webster as the victor of the day, and as champion of the Union. He was not simply the "Great Expounder of the Constitution." He was also defender and savior of the Union ! New England, through tbe tariff of 1824 and 1828, had just received the most convincing proof of the value to her of tbe Union, and between 1830 and 1833 ber opinion on Seces- ¦ sion imderwent a change, and with ber change of front we see her champion and political vane, pari passu, turning also; 2 that is, between 1830 and 1833 Mr. Webster became an anti- secessionist. Whatever may have been the opinion of the paid counsel on Secession in 1830, when his cUents were undecided, ; or, rather, divided, he readUy adopted their changed views of Secession in 1833 wben he repUed to Calhoun. Before 1830 Secession was the popular medicamentum to purge the North ern conscience of the many and compUcated sins of slavery. It was before 1830 tbat aU tbe conventions to propagate Seces- ,:i sion and the convention to form a New England republic, i were held. After that year, the kind of Uterature on the curse ' of slavery that Mr. Hayne produced and quoted, feU off, and anti-slavery societies and petitions to Congress, as I have shown in the preceding chapter, grew and multipUed in geo- metncal ratio. It thus appears that cupidity and high Protec- 1 tion stimulated the greed of New England and opened her eyes to the incalculable value of the Union to her, and that her greed and avarice shifted her remedy from Secession to TRUE VINDICATION OF THE SOUTH 107 that of aboUtion societies, and petitions to Congress praying that body to abolish slavery. This change of front from Secession, advocated by the North, changed and fixed steadfast Webster's opposition to Secession, and caused the only substantial difference in the reply to Calhoun from the reply to Hayne. That difference was in yoking Secession witb Revolution, Rebellion and Nulli fication. But the immensity, the enormity, the far reaching stretch of that difference no human thought can estimate, no human imagination can encompass. Tbe effort is Uke that of trying to compass within tbe limits of a thought tbe distance from the earth to a fixed star. It is like the vain imagining of what would be the social and geographical condition of Europe, and even Asia and Africa, bad tbe dictatorial Empire of France over-wbeUned tbe combined kingdoms of Europe at Waterloo. We see all around, and we feel and bave felt for fifty years, tbe direful effects of tbat change of one man's opinion on Secession between 1830 and 1833. His pronounce ment in reply to Calhoun was received voraciously, yes, "with Ucking of tbe Ups," by the North. The, Great Expounder, Sir Oracle, had spoken, and settled the long dispute against the adherents of Secession. The student of causality finds in the words in reply to Calhoun — "Secession means war; there can not be a peaceable Secession" — the vital germ of tbe war of 1861-5. From the day wben those onmious words were pronounced, the North incorporated them in its political creed, and Abra ham Lincoln, finding nothing in the Constitution to authorize an invasion of one State by another, or by all the others, to conquer with a bostUe army, adopted the Websterian oracle that Secession was RebeUion and Revolution as bis plea in justification for invading the seceded States with three miUion soldiers, on tbe pretext of enforcing obedience to federal civil laws. Mr. Webster's luminous logic could not fail to see the full force of Hayne 's indictment based on what be (Webster) called the "ass's load" of pamphlets, speeches and sermons against the South, but lust for victory, sectional pride, obli gation to his constituents and industrial cUentele swept be- 108 TRUE VINDICATION , OF THE SOUTH tween his vision and bis imperiled country, and he changed into burlesque-comedy the lowering and fast approaching ele ments of the most brutal tragedy the world has ever looked upon. He lived to survive that mental eclipse, and to feel by anticipation the ruin awaiting the Union through his sophistry and defection to duty, when, as one of the people's guardians, be sank his country to serve bis greedy clients and to gratify his own ambition. And to bis credit, it must be said, he had the courage to acknowledge his -wrong as pub Ucly as he had committed it, though not in words so expUcit and clear. But as the most penitent confession of murder cannot revive tbe victim, so this confession, coming twenty years after the crime was committed, could not arrest the swift footed mischief he bad so gayly turned loose; and his dying confession did no good for his country, but it worked ruin to himself. CHAPTER XVI. WEBSTER'S REPLY TO CALHOUN CONSIDERED. I shall now consider more directly the speech of Mr. Web ster in ireply to Calhoun. That a clear view of the issue may be had, I, "at the risk of incurring tbe reader's displeasure, must put in compact form what has been stated in discon nected shape — the history of tbe situation when this debate occurred. I make no apology for this part repetition, because this debate was the most important tbat ever took place in the history of the world. By it one man, against the lessons of history, against cotemporaneous construction North and South for forty years, against tbe terms of the Constitution and against reason, if we consider the intention of the framers of the Constitution; by forced construction and by resorting to the preamble to the Constitution, wrote into that most solemn instrument — every word of which was thrice weighed by the ablest statesmen in America before it was accepted — the words, "Secession by a State from these United States is Rebellion," and thus changed by his single word, tbe only complete republic in all the course of time into a despised tyrannical despotism, or mobocracy, or ochlocracy. These are not pleonastic words, they are descriptive of a chapter in the history of this government. For in the Spring of the year 1861, Abraham Lincoln, without authority of Congress, the oiUy power in this government that can declare and make war, invaded the State of Virginia at the head of 75,000 troops equipped with all modern appliances for destruction, desola tion and murder. The situation at the time of the debate was as follows: Congress bad passed a number of bills to raise revenue for the federal government. In 1816 one was, passed that had a small addition for what was called protection of a few indus tries. In 1824 this addition was raised so as to give still more protection. This aroused strong opposition. In this bilT the fine hand of New England was visible. She was the favored no TRUE VINDICATION OF THE SOUTH recipient of the increased revenue. She was the spoiled and the pet child in the family. This statute disclosed the pur pose of New England to be supported by the govemment— a purpose that has been persistently urged and carried into effect for a flundred years. Tn 1828 New England came again with the plea of infant industries and of guarding America's freemen against competition with Europe's paupers and serfs, and got a big advance on prior laws for Protection. By this time protection had sloughed off its common noun and neuter gender and become a distinguished member of the faimily of proper nouns, and therefore entitled to an initial capital P, which it has worn ever since with high and insolent crest. The gender, though not disclosed, may be inferred from the thousands of infant industries that have been hatched under its hovering wings. This greed of New England caused indignation and alarm in the South — the strictly agricultural section — and between the date of the revenue statutes of 1828 and 1830, South Caro lina, by laws passed by her legislature, proposed to resist the enforcement of the revenue law within her borders. This was called Nullification. The position assumed by South Carolina was that every State, by reason of its sovereignty, had the right to question the constitutionality of an Act of Congress^r and could not be compelled to obey it if she decided it was uncon^itutional. This was the ground taken by Senator Hayne. Mr. Webster, representing the industrial States, con tended that the Constitution provided a tribunal to decide whether an Act of Congress is unconstitutional, and that no State had the right to even bring in question the decision of that tribunal, which is the Supreme Court of the United States. Briefly stated, the above gives the contention that was caused by Carolina's threatened Nullification. It is not necessary to consider the question whether NulU fication was and is a remedy under our dual government. I say "was and is" because, if it was a lawful remedy, or means of defense by a State, or States, against oppression, at any time, it is a lawful remedy today. The letter of tbe Consti tution has not been changed. Not a word in that instrument that was in it then has been touched and not one added to TRUE VINDICATION OF THE SOUTH 111 vary its meaning. This is true, also, as to Secession. The Constitution, the only pillar that supports the federal govern ment, and the only bond that holds the States together, is the same to-day tbat it was in tbe beginning and was in 1860. The war of 1861-5 did not change the reading of tbe Constitu tion. The conquest of the South in 1865 left the legality of Secession just wbere it was left by tbe framers df the Consti tution in 1787. Contracts or compacts are not construed by infantry, cavalry and artillery. War is not a judicial pro ceeding. War cannot construe a written agreement by which Smith delegates authority to Brown, and decide just what Brown can do and cannot do under that authority. CiviUzed people do not construe -writings by cannon balls, cartridges, bayonets and dubgeons. It was said after Lee surrendered that the war had settled the question of Secession. No lawyer said so. No judge worthy 'to preside in a suit on one of Micaw ber 's I. 0. U's uttered such an absurdity simply because one man was worn out after a fight for four years witb six men. No! The right or tbe -wrong of Secession is as quick and active as when New England nourished it forty years as her hope of getting a-way from the corpse of slavery she had bound herself and the South with. "Who shall deliver me from the body of this death" was her hypocritical cry. What I am to consider is Mr. Webster's views of Secession as delivered in reply to Calhoun. He submitted four propositions in opposi tion to Calhoun's Resolutions, as expressing his opinion of the law of the Constitution forbidding NuUification or Secession. The first two were — "FIRST: That the Constitution of the United States is not a league, confederacy, or compact, between the people of the several States in their sovereign capacities ; but a govern ment proper, founded on the adoption of the people and creat ing direct relations between itself and individuals." "SECOND: That no State authority has power to dissolve these relations; tbat nothing can dissolve them but revolution, and that, consequently, there can be no such thing as Secession without revolution." It is a noteworthy fact that the man who was so careful in the selection of words and, in nice discrimination, should 112 TRUE VINDICATION OF THE SOUTH use "constitution" and "government" as convertible words. The Constitution was a writing — a written suggestion, until agreed to — and when agreed to it became a written contract. It was and is in no possible sense a government. The Con-, stitution, per se, has no vitality. It is only the foundation— ^ the ground work — on which the parties agreeing to it may construct a government. Wben those parties come together and erect the framework — ^when they elect tbe officers provided for by the agreement, and the officers assume their respective i places and proceed to perform their duties, then and theu only is there a government. Mr. Webster was a stickler for words, and shades of meaning, and he shied at the word ' ' com- pact." It is not essential what we call tbe Constitution. It is the substance, not the shadow, we must bave. He -wrote to President Madison in the Memorial that has been quoted, "Our attachment to the Union is to the substance not to the form." Tbe Constitution is an agreement, a consensus, a con tract reduced to writing. This no quibbling can evade. Why spend so many sentences to show the Constitution was not a compact ? Compact has no distinctively inclusive and exclus- ? ive meaning — on the contrary, it has several synonjons. Be sides, Mr. Calhoun caught out the quibbler by quoting the words "constitutional compact," used by Webster in his reply ^ to Hayne. In the same sentence in proi^osition first, Webster says the Constitution is not an agreement between the people of the several States in their sovereign capacities. This is asserted in the face of the f oUo^ving overwhelming proof of its falsity : First: That each colony was acknowledged by Great Britain as a separate State and sovereignty. Second: That each State sent delegates to Philadelphia to constitute the Convention tbat framed the Constitution. Third : That the writing agreed to by those delegates was referred back to their respective States that each State, in convention assembled, might ratify or reject tbe writing. Fourth: That nine States, each acting independently, should agree to or ratify the writing before it should be bind ing on any State. TRUE VINDICATION OF THE SOUTH 113 Pifth: That any State refusing to agree to or to ratify the writing would not be bound thereby. Sixth : Wben the -writing was received in each -State, a convention was held in each State, acting separately, and the writing was agreed to or ratified by each State, at different dates, each acting within its ovra borders. Seventh : Tbat the preamble to the Constitution says it is "ordained and established for the United States" — ^not for the people of the United States of America. Eighth: Tbat tbe delegates, beaded by George Washing ton, when signing the writing called the Constitution, said: "Done in convention by the unanimous consent of the States present, etc." Ninth: That the tenth amendment of the Constitution reads — "Tbe powers not delegated to the United States by the Constitution, nor prohibited by it to tbe States, are re served to the States, respectively, or to the people." Tenth : Every act required by the Constitution to be done to put tbe Federal government in motion and to keep it mov ing was to be done by the States acting separately. Not a single act was or is to be performed by the people of the United States acting as and in one body. Eleventh: Tbe word "people" occurs but five times in the Constitution, and once in the preamble, and it is used because the word State or States could not be. Thus — "The right of the people to keep and bear arms shall not be in fringed." "The right of tbe people to be secure in their per sons, houses, papers and effects," etc. With this array of declarations bristling like bayonets against him, he was forced back on the preamble for a weapon of at tack. Tn one of bis speeches, in which the Revolution of '76 was under review, he said, "We" (the people of the colonies) "went to war against a preamble." In this debate he seems to have become enamoured witb the audacity of our Revolu tionary heroes, and to bave taken their success as an augury of victory for himself; for he "went to war" witb his two vaUant opponents with tbe preamble to the Constitution as a weapon of attack. And, marvelous to tell, while he was ut terly overwhelmed by the close-knitted logic of Calhoun, he 114 TRUE VINDICATION OF THE SOUTH was proclaimed the victor by the protected classes whose hearts and hopes of future plunder were in a consolidated govern ment. Tn his second, proposition quoted above, Mr. Webster said, "there can be no such thing as Secession without Revolu tion." This leads to the main question I purpose to consider. To undei-stand the issue we must look at the political, social and economic situation in tbe United States as it was in the year 1830. I mean social to cover the sectional relations and the slavery agitation. It is necessary to group some data that bave been irregularly strewn along these pages, in order to understand their significance and importance in arriving at a correct judgment. The issue and the only real issue inyolved is the correct construction of tbe meaning of the "United States Constitution on the sole question of Secession as a reserved right of each of the original thirteen States. 1. The government in 1830 had been in operation forty- one years. 2. The construction of tbe Constitution by its framers that any State, for justifiable cause, to be decided by it, had the reserved right to withdraw from the Union. 3. The construction by the generation foUo-wing the fram ers of the Constitution was tbat any State had tbat right. These two facts were made part of history: a. By the ordinance of New York and Virginia when they ratified and adopted the United States Constitution ; , b. By the Virginia and Kentucky Resolutions of 1798 and 1799, declaring the right of withdrawal or Secession; c. The assembly of New England's leading men in Wash ington in 1804 to discuss the advisability of Secession ; d. The speech of Josiah Quincy of Massachusetts in Con gress in 1811, advocating Secession; e. The Hartford Convention (1814) composed of dele gates from the New England States to consider the advisability of Secession on account of the war of which those States disapproved : f. Mr. Webster's declaration in 1812, by and in the quoted Memorial to President Madison, favored separation as a remedy; TRUE VINDICATION OF THE SOUTH 115 g'. Secession as a remedy taught in Rawle's book on the Constitution at West Point Military Academy; h. The construction of the Constitution by tbe entire South, from 1789, that peaceable Secession was a right of eveiy State; ^ I i. The construction of the Constitution by the people of the North, down to 1833, that peaceable Secession was a right of every State; j. That Secession as a right was taught in every channel of communication, including tbe pulpits at the North. I have already cited the written teaching of Rev. Wm. E. Chaiming, New England's leading aboUtioiust and theologian. He taught prior to 1833. k. The statement of Senator Henry Cabot Lodge of Massa chusetts in his "Life of Daniel Webster," page 176. Speak ing of Webster's reply to Hayne, he writes : "The weak places in bis (Webster's) armor were historical in their nature. It was probably necessary, at all events Mr. Webster felt it to be so, to argue that the Constitution at the outset was not a compact between the States, but a national in^tmniieifjt, and to distinguish the, eases of Virginia and Ken tucky in 1799, and of New England in 1814 from tbat of South Carolina in 1830. Th^ foriif^r point he touched on lightly, the latter he discussed ably, eloquently, ingeniously, and at length. Unfortunately the facts were against him in both instances! When tbe Constitution was adopted by the votes of States at Philadelphia and accepted by tbe votes of States in popular conventions, it is safe to say that there was not a man in the country, from Washington and Hamilton on one side ('federal ists'), to George Clinton and George Mason on the other side ('democrats'), who regarded the new system as anything but an experiment entered upon by the States and from which each and every State bad the right peaceably to withdraw; a right which was very Ukely to be exercised. When the Vir ginia and Kentucky Resolutions appeared they were not op posed on constitutional grounds, but on those of expediency and of hostility to tbe revolution they were supposed to em body. Hamilton, and no one knew the Constitution better than he, treated them as tbe beginning of an attempt to change 116 TRUE VINDICATION OF THE SOUTH the government. * * * What is true of 1799 is true of the New England leaders^ Washington wben they discussed the feasibility of Secession in 1804 ; of the declaration in favor of Secession by Josiah Quincy in Congress a few years later; of the resistance of New England during the war of 1812, and of the right of 'interposition' set forth by tbe Hartford Con vention. Tn all these instances no one troubled himself about the constitutional aspect; it was a question of expediency, or moral or political right or ¦wrong. * * * "When South Carolina began ber resistance to the tariff of 1830 times had changed, and ¦with them the popular concep tion of the government established by the Constitution. It was a much more serious thing to threaten the existence of the Federal Govemment than it had been in 1799, or even in 1814, The theory of Nullification had not altered in its essence from the bold and brief statement of the Kentucky Resolutions. The vast change had come on the other side of tbe question,' in the popular idea of the Constitution." Mr. Lodge is, probably, the most congruous and reliable authority on this issue that New England could produce. He is a scholar, a historian, an American, a New Englander by birth and exclusive devotion, a Bostonese, a qualified admirer of Daniel Webster and a vociferous eulogist of the Puritans. It is important that his statement just quoted shall be remem bered. It is history by a partisan who believes New England is as much above the South as old England is superior to Tur key. He is the Senator who made the last effort to put the Southern whites back again under negro rule, or to put the two races on social equality. He is a great-grandson of the President of the Hartford Convention, at which Mr. Webster held his nose when Hayne produced the record of it in the Senate. Tbe important facts in Mr. Lodge's statement are: 1st. That the historical facts were against Mr. Webster's contention. 2nd. That the constmction of the Constitution before 1830 was practicaUy unanimous in favor of tbe right to secede ; but 3rd. That in 1830 "times had changed and, with them, the popular conception of the government established by the Con- TRUE VINDICATION OF THE SOUTH 117 stitution. A vast change bad come, on the other side of tha question, in tbe popular idea of the Constitution." Yes, three vast changes had come. Mr. Webster entered Congress in 1812 an advocate of Free Trade. Before 1824 he changed to a Protectionist. The second change was by New England on the tariff. She had become a strong Protectionist. The statutes of 1816, 1824 and 1828 demonstrated to her that there were mUlions in "Protection" for ber. Presto — came the change! The third change was from advocacy of Seces sion by the North to advocacy of a consolidated Union, or a nation, and opposition to Secession, Nullification or any act of dismemberment. A soUd, indivisible Union was the field New England longed to reap. And she has never ceased to skin it to this hour. On this collect of indisputable facts I submit a few reflec tions. Each colony acting separately selected its ¦wisest men and commissioned them to meet in Convention and to draft a ¦written constitution to be submitted to the States, severally, for approval, or rejection. Mr. Lodge states the historical fact that each State, acting alone, chose its delegates, and each State, in convention, acting alone, voted to accept or reject. The -writing thus proposed and agreed to was and is a legal document. It is an expression by thirteen sovereigns. It was made for but one purpose. Tbat was to appoint a common agent to perform for the beneflt of each and all the States certain acts which can be done by one better than by thirteen. To do this service, each principal, being a sovereign, dele gated to the common agent the right to exercise certain pow ers that each, singly, possessed by reason of its sovereignty. Not one sovereign attribute or power was surrendered by the thirteen States." Each delegated the exercise of certain pow ers. It is an absurdity to say tbat each State surrendered, or gave away certain powers. A sovereign is invested with all imaginable governmental powers. The word "sovereign" admits no other meaning. Any other signification is impossi ble in the nature of things.. The monient a sovereign parts with — gives away irrevocably — one attribute, or power, that moment he or it ceases to be sovereign. A part of a whole cannot be taken away and the whole still be left intact. The 118 TRUE VIJSfDICATION OF THE SOUTH thought alone involves a mathematical absurdity. It is not conceivable thai; the thirteen States intended and deliberately plotted to di^\rest themselves of sovereignty, and to xaise their agent to the exalted position of sovereign over them. Let it be supposed, however, that they did so intend. The result ac- cornplished, on this supposition, was the destruction of thir teen sovereignties, and the faUure to construct another so^ver- eigntyout of their attributes or ruins. In other words, thir teen sovereign States entered into a compact to commit sui cide together — ^nine to die first and the others to foUo^w, or to back out as they should decide, each for itself. The words "power" and "powers" as used in the Consti tution, were employed by the ¦wise men who framed that in strument in the sense of "exercise of," as, foi? instancq, that "Congress shaU exercise the power to declare war," etc. CHAPTER XVn. FURTHER DISCUSSION OF THE REPLY TO CALHOUN. It will throw Ught on this inquiry to suppose certain propo sitions to have been made during the long deliberations on the paper called a "Constitution." Suppose a member of that convention had offered the following — "Resolved, that each State in conferring the powers enumerated herein on the Government that is to exercise said powers, surrenders its sovereignty, pro tanto, to said government." Suppose the following proposed: "Resolved, that the exer cise of the sovereign powers hereby conferred shall be irre- vocabljy binding on each State, without redress." Suppose this proposition had been offered: "Resolved, that the only remedy for a minority, in the event the major ity in Congress shall le^vy heavy duties on imports tbat enrich one section of the Uniop, or class of citizens, and lays heavy burdens on the other sections or citizens, shall be through and by Revolution." Suppose that this bad been proposed : "Resolved, that the Union of the States that shall be formed under this Constitu tion shall be forever and inseparable ; and no injustice, by vio lation of any of its provisions, done to a minority of the peo ple by a majority, shall be just cause for Secession, or with drawal of one or more States from the Union, even though the injustice be not justiflable by any judicial tribunal; and that such withdrawal shall be adjudged revolution and treason!" Is there a sane man who will say be believes that any one of the foregoing supposed Resolutions coiUd have been a,dopted? If so, does be not know that not one State would have ratified the work of its delegates, and that there never could have been a Union pf the States? 120 TRUE VINDICATION OF THE SOUTH I have said that one must stand in tbe year 1830-3 to con sider fairly Mr. Webster's view of the Constitution. I have given the general construction. North and South, of the Con stitution before that year, to-wit: that Secession was con ceded to be a peaceable /remedy. I have shown that Mr. Web ster so believed in 1812, and no word from bis lips shows a change of opinion until he replied to Mr. Calhoun in 1833. I bave sho^wn that even Alexander Hamilton did not question, j; the right of withdrawal. The feeling that heated the debate was sectional, but the issue rose higher than parties or sections. The question was — what says the Constitution? If it be silent, what could be said or done? Mr. Webster was sitting in the Senate as a, Judge. He had to construe a legal document. It was a con tract, or an agreement, or a covenant, or a compact, entered into by thirteen sovereign States. The instrument contained-, no word about nor allusion to nullification or secession. The Judicial mind alone could reflect the light to iUumine the text. And the rules to guide Judges in construing ¦writings are the same in our mother country and in this, and are applied by all courts, federal. State, Supreme, and the lowest courts. Briefly, they are (1) : That words shall be given the meaning com monly given and understood, except 'words of the Arts or Sciences which must be construed as employed by artists or scientists in their technical sense ; (2) : The meaning of the contracting parties must be found and must control; (3) : No. word can be read into the writing except it be necessary to keep the purpose of tbe writing from failing; and not at aU unless the word evidently suppUes the meaning of the parties. This rule applies to wills and deeds, and also to all classes of contracts. It is readily seen that not one of the foregoing standard rules for construction of aU writings applies to the Constitu- ; tion. There is not one ambiguous word in it. There is not a word required to make sense and clear meaning. Mr. Web ster bad not an ell, nor a barley-corn of groimd in the Con- ' stitution to stand on as a base for his replies to Hayne and Calhoun. He can nowhere find permission or inhibition as to TRUE VINDICATION OF THE SOUTH 121 nulUfication or secession. As this is a ease of delegated author ity, another rule of construction comes in here. It is this : In construing any instrument executed by a sovereign, delegating the exercise of a sovereign's powers, no construc tion is permissible to enlarge the grant beyond the express, plain language contained in the document; because, sover eignty cannot have its attributes abridged by implication. The Puritans were constantly claiming powers not named in their charter granted by Charles 1st, and that was the source of their incessant troubles with their kings and every ruler ex cept Cromwell. This exaction they kept up in every relation until 1833, when Webster, speaking for them and as their counsel, found fault witb tbe Constitution, and read into it what the sovereigns never imagined or thought of. After forty years of unanimous construction and general content with that view of the federal charter, be, without legal authority, and in violation of all rules for construing writings, and after he had been driven by Calhoun from the Constitution, on which he tried to make a stand, back to tbe preamble where he took refuge in "We the people of the United States," he at last resorted to tbe unauthorized declaration, or ipse dixit, that Secession is prohibited and caimot be effected without Revolution — ^without war. His construction by implication, applied to the acts of sovereigns, is a barbarism in the Law. In other words, it is not known; is not recognized by Judges and lawyers. It is inferable that, if Mr. Webster bad been as able a jurist as advocate, and bad been a free man, those two speeches would not have been delivered. His assumption puts the framers of the Constitution and all the other statesmen who discussed it by pen and in the thirteen conventions, in tbe position of ignoramuses; that is, they did not know the attributes of sovereignty; or he, by his own reasoning, puts himself in that position. But he knew every attribute as well as be knew every letter in the alphabet. The truth is that there was no dispute, no trouble, no misunderstanding until the protected manufacturers appeared on tbe scene, through their bought counsel and advocate, who read words into the Constitution to suit their economic aims and interests. A large number 122 TRUE VINDICATION OF THE SOUTH of Northern people whose withers were wrung because their fathers had stolen and bought negroes in Africa and enslaved them, and who were just pious enough to believe and to fear that the sins of their fathers would be visited on them, had already becoine dissatisfied ¦with the Constitution because it recognized negro slaves as property and' made no provision for future emancipation. They welcomed any new view of or change in the Constitution though it might not even remotely relate to slavery. These were the blood-thirsty but timorous scouts just in advance of tbe boisterous line of patriot-mai*tyrs that soon appeared bearing a banner with the strange de^vice— "The Constitution is an agreement with Death and a Covenant with HeU." They joined tbe protected pensioners in proclaim ing Webster's new Constitution and the entire North sooii adopted and ratified it. I return tp the framers of the Constitution. That they did not understand tbeii: business and duty, was not imagined by any one until Mr. Webster called their immortal §hades to account. He contended that as they did not insert in the Constitution in express terms the right to nullify and the right to secede, therefore, neither right exists. This position is in direct line of descent from the Puritan rule of evidence that the old women and young girls when arraigned before Cotton Mather's high civil, ecclesiastical and criminal court, on charges of being witches, were required to prove they were innocent. Tf they could not, the charge alone was proof posi tive, and they had to die. Thirteen sovereigns, each acting through thirteen sets of separate delegates, it was contended, must make a positive declaration that the States intended to reserve and did reserve the right to nullify or to secede, in order to entitle them, or any one or more of them, to exercise that right. This reverses the rule of construction that noth ing shall be inferred against a sovereign in construing his grant of the exercise of one or more of his powers. Let us foUo-w Mr. Webster's contention to its logical coli- Sequences. The Constitution is silent on the right of a State, to secede, therefore, he says', that right does not exist, not withstanding the tenth amendment thereto reads — "The -poif- 1 ers not delegated to the United States by the Constitutioi'l ' TRUE VINDICATION OF THE SOUTH 123 nor prohibited by it to the States, are reserved to the States respectively, or to tbe people." It is sufficient to say that the States were in convention in their sovereign capacity, to appoint a common agent, and all they bad to do was to say which of their respective sovereign powers they were willing to intrust the agent with tbe exercise of, and to what extent. They were not there to say what the powers and rights of each State were. The delegates knew that each State, ex vigore termini, was possessed of aU powers and rights that can belong to a State, or to any monarch, king, emperor, or czar: The delegates did agree that certain rights and powers of the States should not be exercised by them during the Ufe of their agent. They agreed to tie their hands as to a few sovereign powers, so as not to interfere witb their agent in executing tbe powers entrusted to it. The restraints the States laid on themselves are in Section 10 of Article 1 of the Con stitution. The exercise of fifteen powers named in this ^Sec tion the States surrendered, but nearly all these bad already been entrusted to their agent, in and by Section 9. The first Congress, 1789, proposed ten amendments to the States, which were readily adopted. Among them the tenth Article is as follows: "The powers not delegated to the United States by tbe Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to tbe people." This article was not necessary, for tbe reason given above, ¦viz., tbe exercise of a sovereign power by another must be by express grant and in plain terms. This article was in serted in tbe Constitution through the extreme caution of the people of each State. They were already jealous of the broad authority of their agent and they decided to reUeve the ques tion of any doubt. No language was ever clearer ; no enuncia tion was ever more positive and determinate. And it was spoken by thirteen sovereigns. While NulUfication was the proximate cause of quarrel in 1830-3, tbe real issue was federaUsm against democracy; strict constmction against Uberal constmction of the Constitution, or State-rights against centralization of power in the federal govemment. The seat of federalism from 1787 has been in the Eastern States, because the mouth of the government's 124 TRUE VINDICATION OF THE SOUTH cornucopia has always poured its ingots over tbat favored territory. Mr, Webster, to the manner bom and representing the favored few in whose pay he was, could not be otherwise than "like master like man." With the master the States were secondary — only means to the end. The end was and is a strong consoUdated government. "It was to be tbe sheaf to stand up" and tbe thirteen States tbe other sheaves "to stand around about and make obeisance to it. ' ' But such was not the view taken by the deputies of the thirteen States, as the whole scheme they planned for a federal government plainly shows. They put the government to be formed under the Constitution, subservient to the States. The rights and powers of tbe States were watchfully guarded as will appear by a brief analysis of the Constitution: 1st. The erection and operation and continuance of the federal government, the deputies, led \by Washington, made dependent on the will of tbe States. 2nd. The three departments, executive, legislative and judicial, live or perish, as the States may decide. 3rd. The States control the franchise. Without this exer cise not a wheel of government can move. 4th. Tbe voters of each State must choose electors, the electors must elect. They must vote in a prescribed form for one to be President, for another to be Vice-President, and send a certificate of their action to the President of the U. S. Senate. 5th. Should the voters in the States that have, when com bined, a majority of the presidental electors, decline to choose electors, the executive department of the U. S. government would be dead. 6th. The Executive alone can nominate men to the Sen ate to be Judges of the Supreme Court, the appellate and the district courts. So that, if there be no President, there can not be a federal Judge, and, of course, there can be no court. 7th. Tbe voters of each State elect men who compose the House of Representatives in Congress. The same voters elect j members of the State legislature and the latter, in turn, elect TRUE VINDICATION OF THE SOUTH 125 U. S, Senators. Without this action by each State, there can not be a Congress, and the third legislative department is destroyed. The deputies were far-seeing. They did not fail to fore cast the future of the government they were framing the material to buUd. They were not constructing an autonomy — a sovereignty — ^to take the place of the States. They were studying to create an agency tbat could perform certain acts for the benefit of the whole, better, in every sense, than the thirteen acting separately could perform them. This was the scope of their commission, and they did not transgress its limit. There are four praiseworthy provisions in restriction of the exercise of the war-power given by the Constitution. The first is that no money shaU be appropriated to support an army for a period longer than two years; and the second is that the right to appoint the officers of the militia and of training them was reserved to the States respectively. The third is that the President must call on the Governors for troops. The fourth is: If, in voting for President no person have a majority of the electoral votes, and the election must be made by the House of Representatives, the vote shaU be taken by States — each State having but one vote. Here we have four distinct proofs of the recognition of very important State rights, to-wit: 1st, control of the purse in the support of armies ; 2nd, tbe exclusive right of the gover nors of States to appoint officers of the militia and to drill the men; 3rd, the right of the governor to refuse to send troops; and, 4th, the right of the smallest State to have an equal voice with the greatest in selecting a President. Each of the four is an assertion by each State of its sovereignty. There is an expression sometimes used by lawyers and judges when speaking of the power of the United States, and of each State. It is tbat each is sovereign in its own sphere. In my bumble opinion the history of the thirteen States and of the United States government denies its correctness. That each of the thirteen States was sovereign when acknowledged by Great Britain no one can question. That the government 126 TRUE VINDICATION OF THE SOUTH^ '. of the United States is not and never was sovereign is equally clear. Sovereignty does not abide in the govemment — in the machinery by which the people transact business, or affairs of State. Sovereignty abides in the people — ^the cpmmimity-i- ,; who constitute the corporation, or entity, called the State. There were thirteen sovereign peoples in North America ia the year 1787, who, by separate action, at different dates or times, in different localities, decided to adopt the Constitu tion and to erect a government in pursuance of its provisions. They were the creator, and the government under the Con stitution was their creature, or, of their creation. Now, the creature is not the equal of its creator. If the creator were sovereign the creature could not be sovereign. If the creature were sovereign, it coiUd do all that any sovereign can do. If sovereign, it became so by the laying on of bands of its creator. But the sovereign States could not impart to the creature a part of their sovereignty and remain sovereign. It is the very essence of sovereignty tbat it is a unit — an integer — one and indivisible. A sovereign may depute authority to exercise one or more of bis powers, as is done daily by appointmenif of ambassadors, but the power is still in the sovereign. The thirteen States delegated to the U. S. Goveimment the right to exercise some of their sovereign powers — ^nothing more. So far were the States from granting to their creature any of their sovereign powers, that they expressly provided a plan by which, at ¦will, they not oiUy can change, alter, retract, or take away any of the authority delegated, but they can by vote revoke all authority and destroy their creature. More than that, they, as I have shown, by non-action, by refusmg to elect federal officers, can leave the vaimted sovereign power to perish in a night. But there is still another view, that, to my mind, is con clusive against the claim of any sovereignty in the United States. I, must repeat what has been said several times, in order to make the view open and clear, to-wit: That the thirteen States were sovereign before they ratified the Con stitution. Each of the thirteen States was composed of a separate, distinct people who constituted the sovereign State. Those peoples taken thus separately were the same people TRUE VINDICATION OF THE SOUTH 127 who were kno^wn as the people and citizens of the United States, taken coUectively. The people who constituted and managed and controUed the State governments were the identi cal people who constituted, managed and controlled the United States govemment. If the people of the United States, taken en masse, bad any sovereign powers they could only get them from the same people who, taken singly as States, possessed complete sovereign powers. But the two peoples, by States and en masse, are one and the same. Therefore, it was impossi7 ble for the thirteen sovereign States to confer any sovereign powers on themselves as a mass. The Sovereignty, as said be fore, does not pertain to paper documents, not to the machin ery of government. It belongs to and springs from the people organized for government. Another view will bring out the transparent absurdity of the suggestion tbat, under our dual exercise of governmental powers, tbe sovereign States bestowed, or even tried to bestow, any sovereignty on tbe federal government. To simplify the view I wiU take two States, Virginia and Maryland, as the only States in tbe convention of 1787. When the people of Virginia and Maryland, who were admittedly sovereign the moment they achieved their independence of George III and of ParUament, were in convention by deputies to frame a Con stitution, and afterward each assembled in convention to ratify the work of their deputies, they, acting separately, adopted it. George Washington, Jefferson, Madison, Mason, Monroe, Pat rick Henry and other Virginians in convention representing the sovereignty of Virginia, and Luther Martin, Daniel Carroll, John Hanson, James McHenry, et al.,- representing the so-ver- eignty of Maryland, agreed to and adopted the Constitution. The twelve amendments were added by 1803, and the Constitu tion then stood as it was in 1830, when Mr. Webster was ex pounding it. By bis contention each State conferred on the two States that were united imder the Constitution a part of its sovereign powers— that is, each stripped itseK of powers the very essence of sovereignty, whereby they ceased to be sover eign and became dependencies. They were sovereigns m sub jection, thraldom, abject obedience, without remedy, to a super ior created by themselves. Such was the bondage, the vassal- 128 TRUE VINDICATION OF THE SOUTH age, the voluntary subjection of these two quondam sovereigns to their creature, that should Maryland, for what she con sidered oppression by the creature, withdraw from the aUi-, ance with Virginia, the creature — ^using the miUtia of Virginia and Maryland — could invade Maryland with armies, shoot down her citizens, and force her back into the aUianee. The creature, it must not be forgotten, is not a State, has no sover eignty, is dependent on the people of the two States for its officers, its army and navy, and money to pay expenses-^for everything it has. It caimot have a President, Judge, or legis lature without the consent and action of tbe voters of the two States. CHAPTER XVm. WEBSTER'S QUIBBLING ON WORDS. Mr. Webster said, in the debate with Calhoun, "I do not agree that the Constitution is a compact between the States in their sovereign capacities." In reply to Hayne he said, "The agreement between the States is a constitutional com pact." Can any logician bring these two opinions into harmony? He said in reply to Calhoun, "The Constitution is not a contract, but the result of a contract, meaning by contract no more than assent. Founded on consent, it is a government proper." What are we to imderstand when he says "the Constitu tion foimded on consent is a gofvemment proper?" By no possible construction or imagination can a constitution be a government. There may be a government without a constitu tion, and a constitution without a government. The constitu tion was consented to by nine States, and was in force as a contract for nearly two years before there was a federal govern ment. It is impossible for a constitution to be or to constitute a government. Throughout the debate witb Hayne and Cal houn, Mr, Webster repeatedly confounded government and constitution. They are in no sense identical, or synonyms, "The Constitution is not a contract but the result of a contract. The people agreed to make a constitution, but when made tbat constitution becomes what its name imports, ' ' That is to say, when the constitution is made it is a constitu tion. That is, when a thing is, it is. That is undeniable, but it sounds Uke Dogberry's logic. It is worse than reasoning in a circle, for that can mislead, but this proposition is self-evi dent to a child. But to say that the Constitution is not a contract, but tbe result of a contract, is an absurdity. When did the people of the United States, or of the States, contract to make the Constitution? When and where?, How was the contract to make a contract, or compact, indicated, or expressed? "The 130 TRUE VINDICATION OF THE SOUTH people of tbe United States agreed" — ^he lugs in here the fal lacy, or false premise he found in the preamble to the Con stitution, to-wit: "We tbe people of tbe United States," ete. He knew too weU what constitutes a contract, to-wit : parties willing to contract, able to contract and who actually do con tract. When the people of each State agreed to send deputies to Philadelphia to prepare a paper, if they could agree on one, to be submitted to the people of each State for them to decide to accept or reject it, was that a contract ? The deputies were not authorized to bind the States by what they — the deputies — might agree to. Therefore, what they said or did at Phila delphia was not a contract. It was of no more effect than a suggestion, a consultation, a proposition that the deputies considered would be satisfactory to their respective principals. ^ If rejected their labor was in vain. If accepted there would be a contract — a constitution. Where, then, was the contract that the Constitution was the result of? Mr, Webster con tended that two contracts were made — one was the parent, the second was the offspring — that is — ^the Constitution, But be quibbles on words. He says the Constitution was not a contract — ^it was tbe Constitution, and it was not a contract nor a compact, nor an agreement. He says tbe people of the United States, as one undistinguishable body or mass, as of one nation, first agreed to make a constitution and that was the contract from which resulted the constitution. When the basic premise of a syllogism is false, aU that follows must be false. It is evident that Mr, Webster had reflected for years, and ad profundum, on the question made by South Carolina be fore the debate began. He knew it was coming and he put on the armor be had picked up when it fell from the shoulders of Achilles on tbe bloody ground of Hoboken. He looked do^wn tbe line of battle and surveyed the field with a master's eye, to find an impregnable position. Dropping the figure— I 1 am convinced he did not neglect to bring to bear the Law of Nations on the powers and rights of each State as a Sovereign. Finding no tenable ground there for him to occupy, he re viewed carefully the Constitution, and found it bristling with TRUE VINDICATION OF THE SOUTH 131 hostUe abattis as thick as quills on the fretful porcupine. There was but one point d'appui that offered bim a footing. That point was the preamble of the Constitution, As I bave al ready shown, he was like tbe feudal villain who was under bond to fight for his Baron whenever called upon. He bad no choice of baimers — ^the right or tbe wrong of the casus belli was aU one to him. He had been bought with a price to serve in fetters, and in fetters he was bound to deliver on demand the best he held in stock, or could procure. He was not a free man. He must serve bis master, or masters. Puritan greed had sought him because he was New England's Chrysostom, and the pagan devotees of Mammon, like the strange woman — "In the evening, in the twiUght, in the black and dark lught, with much fair speech caused him to yield; with the flattering of their lips they forced bim," And as the sequel reveals, like "the young man void of understanding, who, as an ox goeth to the slaughter, or a fool to the correction of tbe stocks," he chose tbe "bed decked with coverings of tapestry, with fine linen, and perfume of myrrh, aloes and cinnamon;" and the victim of the pagan de votees, wben he stretched forth bis feeble hands and raised his failing voice to save the Uiuon be so dearly loved, was saluted with jeers, scorn and contempt, and anathe matized as another Benedict Arnold, and hounded to his grave. With this explanation of the manacled condition Mr, Web ster was in when the debate opened, we can understand why he was forced to take a position he was unable to maintain. He saw, as expressed by Senator Lodge, that the facts were against him. The Law of Nations was against him. The Constitution, in letter and spirit, was against him. Its case ment of gold was studded all over with those jewels — ^richer and rarer than diamonds and rubies — "The States," "The States." He could not resort to the Law of Nations because he would therein encounter the Sovereignty of each State. He would be compeUed to admit that the Constitution was a compact between thirteen sovereigns, and place himseK at the mercy of Hayne and Calhoun. His oiUy recourse, as al ready said, was to assert boldly, brazenly and hopelessly, m 132 TRUE VINDICATION OF THE SOUTH the frowning face of the Constitution, and of its history rebuk ing him, tbat the people as a mass, ¦without regard for State lines and jurisdiction, and their sovereign rights and powers, bad acted as one body in framing and adopting the Constitu tion. But, to "render unto Caesar that which is Caesar's," it must be said that such was the power and skUl of this Herculean gladiator, battling manacled and fettered, with the odds against him, although under the rapier thrusts of Hayne and the carving by the Damascus blade of Calhoun, he fell "bleeding at every pore," he "made the worse appear the better reason" and persuaded the sympathizing populace of the North that he had gained the victory. And this adjudication by the Puritan populace was not the first final judgment that bad been banded dovpn by that august and terrible tribunal. These Judges presided in the Coliseum and when they turned do^wn their thumbs the thirsty sand drank tbe bot blood of barbarian captives. These Puri^' tan Judges presided when the great question involving Divin ity — "ShaU I release unto you this man in whom I have found no fault?" Was submitted to them by Pilate for their irrevoc able decision. And these Judges shouted — "Away with this man, and release unto us Barabbas." These Puritan Judges presided in Paris over the deliberations of the Assembly, di rected the counsels of the Committee of Safety, and pro nounced final judgment from which there was no appeal. They even marched in the wake of the busy impartial tumbril that rumbled over the stones of Paris, freighted, now with a King, now a patriot, now ¦with a pauper, and then with a Queen. A few of these Judges attended, carrying their knitting, and sat in the shadow of Madame Guillotine, to see tbat their de crees did not fail. These are tbe same Puritan Judges who established slavery in Massachusetts in 1703 by statute, and? refused, after many attempts, running through eighty years, to abolish it by statute; and at some hazy unrecorded date between 1776 and 1836, adjudged it abolished "by the decla ration of Independence," or by decision of Lord Mansfield in the case of the negro, Somerset, in England in 1772, or by the "Bill of Rights" in tbe constitution of Massachusetts adopted 1780, "or by public opinion" (the populace). These TRUE VINDICATION OF THE SOUTH 183 are the Puritan Judges who, for many years, punished alleged criminals whose offenses were not defined by law, nor to which was any defined penalty affixed — ^the discretion of these Puritan Judges being the only limit. Says Mr. Moore in bis "Notes," — "Public opinion, at once tbe Great Ruler, Law Giver and Judge of the Anglo-Saxon Race (the Puritans) has held its throne and seat nowhere more firmly than in Massa chusetts. The slave was emancipated by the force of 'public opinion,' and the same authority, without the absolute decla ration of forms of law, continued (after such emancipation) to exclude the negro from actual, practical equality of civil and poUtical as weU as social rights." He adds, "The fact that Daniel Webster had not been able a few years before his death to determine the question satisfactorily is pretty good evidence that it was doubtful." The Constitution they adopted in 1780 was sUent on slavery. It read — "No part of the property of any individual can, with justice, be taken from him, or appUed to public uses, without his consent, or that of the representative body of the people," and "no sub ject (citizen) shaU be deprived of his property but by the judgment of his peers, or the law of the land. ' ' At tbat time slaves valued at a haK-million dollars were owned in Massa chusetts, and the next year were advertised as usual in a Boston paper for sale. But that omnipotent "Lawgiver — ^pubUc opinion" — "tbe popxdace," assembled in the shops, on the wharves in the cod- fisheries and slums, and sat on the question, and -wrote into the silent Constitution, -with invisible ink — "negro slavery is hereby abolished." Before this was issued, the negro slaves in the Puritan Commonwealth bad disappeared to reappear in warmer latitudes. Meantime, these Puritan Judges, whose ancestors presided over Destiny on the high Bench in the Coliseum, but whose near kin, as history discloses, were the Judiciary in Paris during "The Reign of Terror," had, in spare moments when not sacrificing to Mammon, taken up th^ pre amble to tbe federal Constitution and fotmd -written between the lines the declaration that Nullification and Secession were treason to be punished with death. And Daniel Webster, the expounder, par excellence, of that marvel of human wisdom. 134 TRUE VINDICATION OF THE SOUTH adopted, for a valuable as well as blood consideration, the interpretation put on it by his Puritan kin. It is with this senator and statesman, and with with the populace, innocent and ignorant of the laws — ^international and constitutional-^ that we bave our cause of quarrel, and I now resume my humble effort to show his fatal error. I have quoted what he said the people had done in the three years between his reply to Hayne and his reply to Calhoun. The question which, as I have said, in my opinion, remains as unsettled as it was in 1787, is so momentous, that I beg to be excused for repeating here a few of Mr. Webster's opening words: "There has been a time wben, rising in this place, on the same question, T felt, T must confess, that something for good or evil to the Constitution of the country might depend on an effort of mine. But circumstances have changed. Since that day. Sir, public opinion has become awakened to this great question ; it has reasoned upon it as becomes an intelli gent and patriotic community, and has settled it, or now seems in the progress of settling it, by an authority which none can disobey — the authority of tbe people themselves." Tn the history of debates, in aU ages, no speaker, in my opinion, has ever, within tbe compass of so few words, passed such a withering judgment of condemnation on himseK, or made such a damaging confession in open court. One or the other of the two conclusions those words make inevitable is,- either Mr. Webster was not tbe learned lawyer Fame had crowned him as being, or, if such a great lawyer, he spoke as a purchased advocate. I shall endeavor, to make the truth so plain that those who are not la-wyers -wiU see it clearly. Should I fail my weakness will be responsible and not the facts and the law. There was no Union of the States before the Constitution was adopted. The preceding Confederacy was not a Union. It is clear tbat the Constitution was the bond that brought the States together. It is equally true that the Constitution was then and is now the only force that holds the States together. Tf it were repealed to-morrow there would be no Union^ because it alone commands what must be done to keep the federal government in operation. Tf there were no federal TRUE VINDICATION OF THE SOUTH 185 government there could be no Union. Tbe States would auto matically return to tbe position each held among the family of nations before the Constitution drew them together; and as each returned to its original position, it would carry with it unimpaired every attribute of sovereignty and tbe free exer cise of every attribute. It is undeniable that each State be fore the Union was as perfect a sovereign as ever existed under any name or having any form. Each State, being sover eign, was necessarUy a law unto itseK. Tbe reason for this is the same on which the Apostle based his remark that "the heathen is a law unto himseK." It is because he was in a state of nature, and, as an individual, there was no law but the law of nature that bound or controlled him. Each State was independent of all laws except those that bind a man in a state of nature, tbat is, before be unites with other men for purposes to be agreed upon by them. Each State, being an entity like a man in a state of nature, was bound by no laws except those tbat control nations in their outward relations, that is to say in their relations to each other, and those laws are what nations have agreed to be just, humane and equitable, and which are compiled under the title "The Law of Nations." AU other laws of a Sovereign are those for internal economy, or poUty, and which a Sovereign makes by himself, or by some agency to which the Sovereign delegates his or its power to enact law for him or the people and for the government of his subjects or its citizens. Thus a State or nation is gov erned by two codes of laws — one operating exclusively within, the other operating beyond its geographical borders. Just what are the powers, rights and privileges of a nation or State has not been definitely determined and catalogued. Those at tributes arise from nature just as do tbe privileges, right, et cetera, of a man in a state of nature. It is difficult to state them on paper. However, ¦without poetic license, it may be said, "he is monarch of all he surveys" until other men ap pear on the scene, Vattel in his standard work, "The Law of Nations" says, among his "Preliminaries,"— "Nations or States, being composed of men naturally free and independent, and who, before the establishment of civil societies, Uved together in a state of nature," "Nations, or 136 TRUE VINDICATION bF THE SOUTH sovereign States, are to be considered as so many free persons living together in a state of nature," Every man in a state of nature is under obligations to other men, imposed by nature, which he must discharge. These obligations impose duties. As every man by nature has the right to life, liberty and happiness, he is under obligations to all men Uving in a state of nature not to do anything to deprive any other man of those rights. And this law of nature is the fundamental law tbat binds every nation. State, or sovereignty in any form. Nations, therefore, are aggrega tions of men living as to each other in a state of nature. There is no other law by which they are or can be governed, so long as they remain separate, or do not change their natural status by voluntary act. CHAPTER XIX. THE FACTS WERE AGAINST WEBSTER. There exists throughout the Noi^b, and especially in that most enUghtened region where fanaticism and avarice are the infaUible interpreters of right and wrong, what seems to be a very indefinite idea of a sovereign, or of what constitutes sovereignty. This vague conception has already cost the sacri fice of a miUion Uves and five billion dollars. This was tbe cash installment paid daily during four years. The money — probably a hundred-bilUons — the producers and skilled labor have paid since 1865 to the New England philanthropists for standing on guard to protect them from foreign paupers, is not and never can be known. I shall endeavor to throw some Ught on the nature of sovereignty, especially of th© sover eignty of our States. Vattel, on page 2, of "Law of Nations." says: "Every nation that governs itseK, under what form soever, without dependence on any foreign power, is a Sovereign State," It is important to bear, in mind that there can not be a nation or a State without an aggregation of human beings. This defini tion of a sovereign does not embrace the United States, or the States Uiuted, The government that represents them, is not without dependence on a foreign power. That foreign power was thirteen States in 1787 and is now forty-eight States, 1st. A sovereign State is an assemblage of persons who govern themselves. 2nd. A sovereign State is an assemblage of person who govern themselves without dependence on any foreign power. 3rd. Only such a nation is a sovereign State as is vested with aU the attributes of sovereignty. When the nine States agreed to the Constitution, it was no more than a written document that expressed what the States had agreed to. The Constitution received nothing from tbe ratifying States. Not one power or privilege common to all the States passed to or into tbe Constitution, although it was 138 TRUE VINDICATION OF THE SOUTH and has ever been Mr, Webster's "noun-substantive," The powers and privileges and all attributes of sovereignty must from necessity be vested in some person or persons. As al ready said, they may be held by one man — as a King, Monarch, Emperor or Czar — or be held by thousands, or mUlions of men — as in a Republic or State, Hence, tbe Constitution was not even the repository of any kind of powers tbat belonged to the, States singly and collectively. For tbe same reason the government, or tbe departments thereof, did not receive from the States singly or collectively a single attribute of sover eignty. The government of the United States is based on and stands upon the Constitution. There is no government until the offices named in tbe Constitution are filled by men chosen by the States — each acting separately. Before that event the government of the United States could take no sovereign pow ers. There can be no nation, or State, no govemment, no sovereignty, without flesh, blood, bones, mind and will. These are not qualities 'of a govemment. A government is noth ing more than sovereignty in action. But, even after the offices named to make a government of tbe United States are fiUed by appropriate officers, not one attribute of sovereignty' passes from a State, or the States, to or into the government of the United States, or to or into the officers filling the offices which are necessary to constitute a government. If a single attribute of State sovereignty could pass to tbe federal gov ernment, it would remain there vested with all its original vigor and indestructibility. Not only tbat, but the power once freely and voluntarily granted is irrevocable, Vattel says, "Every nation that governs itself, under what form soever, without dependence on any foreign power, is a Sovereign State," The word "foreign" here is not nsed in the sense of distance, but in tbe sense of independence of some other power or government. In the entire history of the world no govemment has existed that was more dependent on a foreign (or other) power than tbe government created by the thirteen States, Tbe thirteen Sovereign States gave it IKe, Those and other added States have kept breath in its body, and but for their support it would vanish like a vision from the earth, and we could exclaim, "Tbe earth bath bub- TRUE VINDICATION OF THE SOUTH 139 bles, as the water has, and it was of them." Is such a gov emment, in any sense, in any particular, sovereign? If it has one attribute of sovereignty, wbere, in what, in or on whom is it lodged? Is it in tbe people of the United States? There are no people of tbe United States. Tbat was one of Mr, Webster's subterfuges when replying to Mr, Calhoun, He was (irovraing and be grabbed a straw — "help me, Cassius, or I sink," Mr, Lodge is fair enough to say the facts were against Webster in bis debate witb Hayne and Calhoim. In the preamble to the Constitution be found comfortably enscon ced millions of people whom he greeted as "We, the people of the United States," distinct from, acting independently of, the people of each State — or thirteen separate peoples, citizens of thirteen separate States, And bis followers and dupes ever since 1833, Uke men drunk to saturation, have been two separ ate bodies of people, one in each of the States divided — the other in the United States — or States United. In the popular mind the Uidted States is a very distinct entity — or force — from the States United. It is a world power now, separate from and superior to each State or all the States United, This is a very wUd, costly and dangerous delusion. I have said there was never a government so dependent as the Uiuted States. Instead of having a body of citizens of its o^wn on whom to draw for civil officers, it has not one in aU the forty-eight States, Tbe Stated supply from their o^wn citizens men to be President, men to be senators, men to be representatives, men to be judges, men to be diplomats, con suls, revenue collectors, men to pay pensioners; and even that glorious band of patriots made up of some honorable, deserv ing, brave men, and (side by side) of a gang of deserters, bounty jumpers, tramps and perjurers, are citizens of the several States, This boasted federal govemment — this agent of each and all the States — tbat has become diseased and drop sical and swollen out to be an empire, when it gets pugnacious and decides to fight, has to ask tbe States to let it have soldiers to do the fighting. But, after tbe States supply the federal govemment with men to fill the civil offices, and tbe govemment is in full oper ation, in whom can its sovereignty, if any, be vested? It 140 TRUE VINDICATION OF THE SOUTH must be borne in mind that sovereign attributes belong to a human being — ^to a sole governor, as a monarch, or to an ag gregation of human beings, as is each of our States, and that there can not be any semblance of sovereignty in a written paper, or in the machinery called government. It must fol low, therefore, that the sovereign attributes, if any, are vested in the men who fill the offices and operate the machin ery. But this is impossible. These officers are transient. Their official lives are limited. They cannot Uve beyond a certain year, day and hour. If they\bold the powers of a sovereign, what becomes of those powers wben tbe officers die, resign, or go out by limitation? If they belong to the officers, (and there caimot be a federal government without officers) when they die or resign the sovereignty Would expire also. It' is very certain that the sovereign qualities caimot abide in the air awaiting a successor in office. They do not belong to or consti tute a part of the corporation, or body politic, which is an imaginary machinery, and, like the earth, "was without form and void," until men from the States set it to running. Until officers were elected and assumed tbe offices, there was nothing but a ¦writing called the Constitution. This question that has caused so much murder, so much waste of property, and IKetime suffering and heart-breaking, divested of tbe metaphysical gipsyism with which federalists bave swindled the American people since 1789, when subjected to the simple rules of common sense applied to the history of the thirteen States and of the Constitution, and of the govem ment conducted by the States acting together, tbat is called the United States, is neither a marvel nor a puzzle, it is not a riddle of Oedipism nor of Samson. If we go back to 1787 and fix in our minds what each State was (free, independent, and in every particular and aspect sovereign — ^more so than King George III), then read tbe Constitution and get its spirit and plain language, and then follow the federal government through Washington's first administration, we cannot faU to see where sovereignty, one and undivided, is held and by whom. I say through Washington's first four years simply to show the practical working of the Constitution, TRUE VINDICATION OF THE SOUTH 141 I must apologize to the reader again for going over ground already traversed in part. My desire to make this view of the analysis of our Constitution so plain that no man can fail to understand the relation between the States and the federal government, is my only excuse for this partial repetition. I believe this to be the most important knowledge that can be acquired by Americans old and young. Had it been a part of the text books in every school, from the beginning of tbe federal government, I confidently believe tbe war of 1861 would have been postponed and possibly avoided. I do not say it would not have burst upon us later, for Puritan fanaticism which brewed that storm "is not dead, but sleepeth" witb one eye awake. Since its -vulgar familiarity with the last object of its professed Samaritan altruism it has found reasonably active occupation in kicking the negro out of its Northern , house and teaching him Latin, Greek and social equality in the South, at the expense of his late impoverished master. This gentle exercise is only indulged in because its twin devouring monster— Avarice— for fifty years, has been busy robbing the poor after. hypnotising them by flattery and lying; by protest ing friendship — "a charm to lull to sleep," and whining tbat it was gomg lean and hungry that they might live Uke lords, compared with foreign laborers. There is stiU another view, that to tbe writer's mind is con clusive of the agency of the federal government, and, a fortiori, of its subordination to the States, and of the complete so-ver- eignty of each of the thirteen States and of every State admit ted into the Union. It cannot be denied that each of tbe thhi;een States possessed every attribute of sovereignty before and when they agreed to and adopted the Constitution. It cannot be denied that tbe citizens of Massachusetts were not citizens of any either State, and so of the citizens of every other State. It is also trae that the citizens of Massachusetts and of the other twelve States acted without the co-operation,, in any form and to any degree, of the citizens of any other State. It is, also, equally trae that there was no out-lying territory beyond the borders of the. States when the federal govemment was organized, and that whatever territory the United States acquired and held before the purchase of the 142 TRUE VINDICATION OF THE SOUTH Louisiana tract, was donated by one or more of the States. Therefore, there were not any people or citizens of the United States, or States United, when the Convention was agreed to and adopted in 1787, And wben the Convention wrote in the preamble to the Constitution, "We, the people of the United States," it was impossible for them to bave meant any body of the people except those who were citizens of the respective States then represented by those deputies who were speaking, and which States were to act on tbe document when it should be submitted to each State to ratify, or to reject. With the foregoing premises undeniable, it seems to be a short step to the logical conclusion that the sovereignty of each of the thirteen States is as full and unimpaired as it was on the day Great Britain acknowledged each to be a free and independ ent State, The contention of the federalists is that when the nine States ratified the Constitution, and it was put into operation, they conferred a part of their sovereign powers irrevocably on the federal govemment, I have already shown that sover eignty cannot be conferred on an inanimate thing ; that noth ing but hitman beings can be vested with even a single power, privilege or quality of sovereignty. Therefore, K the States, acting separately, parted -with a part of their sovereignty, those parts had to be vested in grantees that had flesh and , bones, mind and will. Where were the grantees who took, or were intended by the grantors to be the recipients of those sovereign, regal attributes, with power to involve the grantees in war; power to tax the grantors and their heirs and chil dren -without limit and without responsibUity ? It must be remembered that when one man makes a grant of property there must be some one to receive the title. For every grantor there must be a grantee. A man owning an estate in fee sim ple, caimot make a deed of that property to himseK. The grantee must be another human — ^man or woman — ^male or female. Now, as there were no other people in tbe States, other than those who were speaking in and by the Constitu tion, K they were trying to confer the full title to their right and power to declare war and to le-vy taxes, they were at tempting to perform a feat that in law — ^in municipal law, by TRUE VINDICATION OF THE SOUTH 143 the law of nations, by the law of common sense, it was and is impossible for a man, or nation, or emperor, or State, to ac complish — ^that is, for a man, or nation, owning the absoldte perfect title to anything that- man can own, to make a deed to himseK of that property. When the people of the thirteen States said, "Congress shaU have power to do" many acts, las, for instance, to de clare war, they were speaking of a body of men to be selected from themselves, from their o-wn ranks. When George Wash ington, as a deputy, said, "there shall be a President of the United States," he was preparing to appoint himself to tbat office. When he said, "the President shall have power to nominate ' judges, ambassadors," etc., be was granting that power to himseK. All the powers granted by the Constitu tion were granted to tbe people who made tbe Constitution. It was a famUy arrangement made by thirteen political neigh bors to have a common agent to manage certain parts of their individual business that each could not manage so well. It was a compact for mutual safety. It was a trusteeship for the use and benefit of aU alike, having a common and equal interest. It was in no sense an agreement to strip themselves of any sovereign attribute. No necessity existed for that sacrifice. The deputation, the grant of powers, was not to and on a foreign nation, people, or State, tbat could receive and hold them. Tbe people of the States, so far from giv- mg away any of their powers were conserving them, acting on the truism "in union there is strength." Under the popular conception of the federal government, according to the construction of the Constitution by farmers, fishermen, sailors, draymen, bootblacks, gamblers, et id omne genus, who had got the kinks out of Webster's head that were there in 1812, and got bim on the right track to debate with Calhoun in 1833, and which construction produced the war of 1861? Mrs. SheUey's intoxicated imagination drew, With prophetic accuracy, the forecast of the people in these States United, when she bodied forth the meddling fool, Franken stein, who fell to meddUng with the laws of nature and pro duced a monster that tormented him first and then destroyed him. If that popular opinion of the federal govemment be 144 TRUE VINDICATION . OF THE SOUTH correct, Frankenstein, the creator of it, is dead and the crea ture that destroyed bim has his powers and attributes and can, without let or hindrance, destroy at will. If this -view be the law, it were far better to have remained -with a fostering mother than to go into the wUderness and give birth to a lawless. Godless, brutal child that robs and murders like a pirate and spends money like a bawd. This construction, de vised by Mammon and enforced by fanatics, transformed Elysium into Pandemonium, and, although the fire is only smouldering, the demons, the fanatics, who fanned it into a whirl-wind of fiery tongues, are stUl on hand. CHAPTER XX. WEBSTER'S "PARENTAL" FALLACY. Facing aU these famUiar facts, and I might say family his tory, Mr. Webster, in reply to Calhoun, is driven by them to resort to chicanery and charlatanry so open as to justify the beUef that he was speaking to earn his fee, or pension. He says: "Let me inquire what the Constitution reUes upon for its own continuance and support, I hear it often suggested that the States, by refusing to appoint senators and electors, might bring this government to an end. Perhaps that is true; but the same may be said of the State governments themselves. Suppose the legislature of a State, having the power to appoint the governor and the judges, should omit that duty, woiUd not the State govemment remain unorgan ized? Tbe maintenance of this Constitution does not de pend on the pUghted faith of the States, as States, to support it; and this again shows it is not a league. It relies on individ ual duty and obUgations," ' What shaU we think of the Great Expounder of the Con stitution, who denies facts written all over the face of that instrument? This is the natural offspring of the parental faUacy— "We, the people of the United States * * * do ordain," etc. He is constantly confounding the Constitution and the government as one, and using them as equivalents. They are as different and distinct as the ground and the build ing standing on the ground ; as variant as tbe plabs and draw ings of an architect, and the house built according to those plans. The Constitution has no maintenance, no support, in the sense he speaks of. It is the government created in com pliance -with the Constitution, which, be says, does not depend on the plighted faith of the States, as States, Let us, at the expense of a little repetition, "take the lati tude" of this statesman, who, Uke "the mariner when he has been tossed for many days, in thick weather, and on an un kno-wn sea, naturally avaUs himself of the first pause in the 146 TRUE VINDICATION OF THE SOUTH storm, the earUest glance of the sun, to ascertain how far the elements have driven him from his true course," There is not a paragraph, a sentence, a line, phrase, or word in the Constitution from which a sophist, however reckless, can draw the remotest implication tbat tbe Constitution, or the govern ment erected on it, depends on anything but tbe States, as States, The States acting separately framed the Constitu tion. The States acting separately at different times, each within its own boundaries, adopted, or ordained the Coiisti- tution. The States acting separately appoint electors who elect the President. The States acting separately elect Repre sentatives and Senators, Tn short, there can be no officer of the government, no tariff, no revenue, no army, no navy^ no courts, imless the States as States, acting separately, elect Congressmen, and electors who elect tbe President. The Constitution caimot be amended except by the States acting severally. The people of all the States acting together cannot meet and amend, or abolish the Constitution. All the voters, fifteen or more million strong, might meet and ordain amendments to the Constitution, and their enunciations would be as idle as the croaking of a frog. They, en masse, did not make it, and they cannot tmmake it. And why? Because the writing prescribes how it can be amended, and no other power but the States, acting separately, can touch it. The voters of thirteen separate States have directed how the Con stitution can be amended, and there can be no other way so long as that condition is in force. The people, en masse, that is, the people counted together as a whole, as the people of France, or England are coimted, have no cormection with the federal government, ' Tn that sense, there is not a single at tribute of sovereignty in the ninety miUion people. In that sense there are no people of the United States. Tbe Consti tution — the gofvernment's only chart, its only raison d'etre, its Ufe-breath— ^knows nothing of the sglid mass of people.? They did not appear as a factor in making the Constitution, nor in putting the government in running order, nor in keep ing it gomg. This is demonstrated by the fact that no man can vote outside of his own State. As soon as he passes the boimdary of his own State he loses tbe power by Tvhich alone, TRUE VINDICATION OF THE SOUTH 147 under our State laws, be can act as one of the citizens of a sovereign State. As a citizen of the United States he has no baUot ; he has no domicile, no testamentary capacity. The only point at which the government touches the entire people is by taxation, direct or indirect. There is not one act relating to the government that tbe entire people, acting together, can do. Even direct taxes must be apportioned among the several States according to their respective numbers. But Mr. Webster proceeds with innumerable errors begot ten of their natural mother — "We, tbe people of tbe United States * * * do ordain," etc. Here is a small select group : "The Constitution of the United States creates direct rela tions between the government and individuals." Yes, but who and what are these "individuals?" They are the citizens of the several States, and each one constitutes a part of the sovereignty of each State, over whom the thirteen States, acting independently and separately, gave the federal govemment each and every power it possesses, and then said, "these few powers you can exercise exclusively for our bene fit, and not one more." There were no other people than those in the States and there were then no territories. Again, be continues: "This government can punish in- ..dividuals for treason and all other crimes in tbe code wben committed against the United States." These individuals, as a part of sovereign States, ordained by the Constitution they framed that the federal government should have pOwer to protect itself from injury or destruction by treason, and to punish all crimes committed against it. This is what Mr. Webster calls sucb direct relations between the government and the people or individuals, as to prove, to some extent, that the entire mass of tbe people then in the thirteen States, ¦without regard to State lines or locaUties, came together and ordained the Constitution. Again : "It has power also to tax individuals in any mode, and to any extent, and the further power of demanding from individuals military service." No government can be oper ated ¦without money, and tbe power to tax for that purpose had to be given. But, from that does it foUow tbat the whole people, regardless of States, conferred that power? A govern- 148 TRUE VINDICATION OF THE SOUTH ment given power to wage war must have an army. Where else can it get soldiers but frbm citizens of the States? There are no other people in the United States. But the same ques tion comes up, growing out of the first fallacy — "We, the peo ple" — ^which question is — Who and what are these individuals or .citizens who may be soldiers? And the same answer is inevitable. There were no individuals — ^not one — except those who owed allegiance to their respective States, and who were part of the people who constituted the sovereignty of each State, and who framed and afterward agreed to the Constitu tion, But Mr, Webster failed to quote a very essential part of the Constitution relating to military service. The govern ment cannot, at will, reach out and grab individuals by the hair and force them into military service. When Washing ton became President, although be was commander-in-chief of the army and navy, he had not a soldier or sailor under his authority. The President when be needs soldiers, must request the governors of tbe States to supply bim, and the governors consenting, have the reserved power to name the officers of the companies, battalions, or regiments he orders ¦ out, Mr. Webster had to notice Mr. Calhoun's remarks on the sovereignty of the people of the States, This was an obstruc tion in his path which he could not surmount. This perform ance was indeed the most admirable piece of art of the many that form the mosaic of this wonderful exhibition of Jesuiti cal evasion. Cagliostro never surpassed in grace, dignity and apparent ' delight bis reception of an unwelcome creditor, or officer of tbe law, nor dismissed bim ¦with more consummate skUl, than Mr. Webster took up and despatched Mr. Calhoun's argument .on tbe sovereignty of the States. His action has a parallel in the magic of tbe east. Tbe Hindoo magician comes in, bares bis arms, takes the chUd from the basket, fondles it, smiles on it, kisses it, tosses it from hand to hand vsdth grace, skiU and strength, and as the spectators wonder what be wiU do with it, be suddenly throws it in the air above his head and it disappears forever. Tbe spectators are deUghted, tJiey applaud, the magician bows his acknowledgment, and the TRUE VINDICATION OF THE SOUTH 149 crowd disperses, wondering what bad become of tbe child. This specimen is worthy of quotation: "Mr. President, the nature of sovereignty, or sovereign power, has been extensively discussed by gentlemen on this occasion, as it generaUy is wben the origin of our government is debated. But I confess myseK not entirely satisfied with arguments and iUustrations drawn from that topic," As Samuel Weller says — ^"that is a self-bevident proposi tion." No man standing on the preamble to the Constitu tion and drawing from it material for warfare could be "satis fied" ¦with Mr, Calhoun's demonstration that tbe people in each State were sovereign, and that the Constitution was framed and ordained by thirteen , separate peoples, because that is fatal to "We, the people of the United States." Again: "The sovereignty of government is an idea be longing to the other side of tbe Atlantic. No such thing is known in America, Our governments are limited. In Europe, sovereignty is of feudal origin, and imports no more than the state of the sovereign. It comprises his rights, duties, exemp tions, prerogatives and powers. But with us, all power is with the people. They alone are sovereign; and they erect what governments they please, and confer on them such pow ers as they please. None of these governments are sovereign in the European sense of the word, all being restrained by ¦written Constitutions," Here is his oft-repeated error, or sophism, in speaking of the sovereignty of govemment. No govemment is sovereign anywhere, except where a king or monarch, czar or emperor holds in himseK aU the elements and machinery of govern ment. That which ordains govemment, whether one man, or millions, holds the sovereign power. Govemment is no more than sovereignty in aiction; or, as he says in the last quota tion — "sovereignty is the state of the sovereign and com prises his rights, duties, etc," Again: "It seems to me, therefore, that we only perplex ourselves wben we attempt to. explain the relations existing between tbe general government and the several State govern ments according to the ideas of sovereignty which prevaU under systems essentially different from our own. 150 TRUE VINDICATION OF THE SOUTH Yes, Mr, Calhoun's reasoiung did give Mr, Webster "per plexity" enough, and the juggler tosses the question of State sovereignty, which he had fondled so lovingly, high in the air, to be seen no more in that debate. Mr, Webster's change of position, not change of opinion,' on Secession, in 1833, was his fatal mistake. He had warned President Madison in 1812 that the embargo might cause sepa ration (secession) of the New England States, In 1830 he had not changed, that view of the Constitution which he had been studying for thirty-one years. But his clientele and constitu ents changed their position, and in the debate of 1833 he put aside bis opinion and maintained their ¦view, as he was em ployed in their interests. That his first opinion had changed , there is no reason to believe except by his acts, because in 1850 he asserted as true that an agreement, or contract, or compact, broken on one side is not binding on the other. He was speaking of slavery and the nullification by Northern States, and Legislatures and mobs in those States, of the fugitive slave laws passed by Congress. If the covenant had been broken by the North the South was free and could secede. That was his declaration in 1850 when the snows of winter had cooled the ardor of youth, and -vi^^ben be saw the rain hia treacherous tongue bad ¦wrought. The first wicked lie must have a large progeny to help the guilty one out of the scrape. So was it with Mr. Webster's first fatal mistake, wben, being overwhelmed, he took refuge in the preamble to the Constitution, and seized on "We, the people," for defense. Here is another false position, born of the first proUfic error. When reminded that the States by non-action could „ destroy this big bully that was riding over and trampling down bis parent, he answered— " The Constitution utters its behests in the name and by authority of tbe people, and it exacts not from the States any pUgbted pubUc faith 4o mam- tain it. On tbe contrary, it makes its o-wn preservation depend;|| on mdividual duty and individual obUgations, Sir ! the States '•¦ cannot omit to appoint (senators and electors!" (There is something thrillingly assuring in tbat proimciamento by such high authority! Now, observe the convincing reason,) "It TRUE VINDICATION OF THE SOUTH 151 is not a matter r.esting in State discretion or State pleasure. The Constitution has taken better care of its own preserva tion. It lays its hand on individual conscience and individual duty. It incapacitates any man to sit in the legislature of a State who shall not first have taken his solemn oath to sup port the Constitution of the United States. From the obli gation of that oath no State power could discharge him. All the members of the State legislature are as religiously bound to support the Constitution of the United States as they are to support their own State Constitutions. Nay, Sir! they are as solemnly bound to support it as we ourselves are who are members of Congress." In aU forensic advocacy, political debates and judicial an nouncements in this country, from the Revolution of 1776, to date, there is no utterance that approaches this in apparent simpUcity of abiding faith in the unyielding virtue of tbe "individual conscience" and the martyrdom of poUticians. "Indi^vidual Conscience!" "Solemnly sworn to support the Constitution!" "ReUgiously bound!" And, this, too, by one of America's greatest inteUects and reasoners; this from the son of New England, who, like Saul of Kish, towered head and shoulders above all her other sons! How true that the first Ue breeds a big family of lies. At the moment when this man was fighting behind the preamble to the Constitution, and was crying against his opponents — "Oh! ye of Uttle faith," people, preachers, members of legislatures who bad sworn to support the Constitution of the United States which recog nized slaves as property, had turned thieves and were steal ing negro slaves through the South and sending them to Can ada by the Underground Railroad. It was about this time that Henry Ward Beecher, after midnight, took two negro women in a conveyance at Cincinnati, and, with the aid of another man, drove them back in the woods of Ohio and de Uvered them to a man whose business it was to receive stolen negroes and forward them to Canada. And Mr. Webster lived , to see the majority of legislators of Northern States perjure |;'^?' themselves by enacting statutes expressly to oppose and nullify the fugitive slave laws of Congress. Yes, and he lived long enough to see this perjury and mob-rule, and stealing of 152 TRUE VINDICATION OF THE SOUTH negroes reduce the South to the condition which, in his opin ion, expressed in the memorial to President Madison, made secession not only justifiable but a necessity. And in his speech at Capon Springs, Va., in 1850, he, as has been stated, told the country that "a contract broken on one side is not binding on the other," Mr, Webster indulged himseK in such fustian, rant iand pedagogic bombast as the following: "Sir! I must say to the honorable Senator that, in our American political grammar. Constitution is a norm substan tive; it imports a distinct and clear idea of itseK; and it is not to lose its importance, and dignity, it is not to be turned into a poor, ambiguous, senseless, unmeaning adjective, for the purpose of accommodating any new set of political notions,^' Sir! we reject this new rule of syntax altogether. We -wiU not give up our forms of poUtical speech to the grammarians of the school of nulUfication, By the Constitution we mean not a "constitutional compact," but simply and directly the Constitution — ^the fundamental law ; and i£ there be one word in the language which the people of the United States under stand, it is that one word. We know no more of a "constitu tional compact" between sovereign powers than we know of a constitutional indenture of co-partnership," etc. Poor Mr. CaUioun! To be lectured in that pedagogic, pedantic. Puritanic, New Englandic and bossing style about his bad grammar and unconstitutionality in using the phrase "constitutional compact," and that, too, in public, in the United States Senate, and to be chucked about the head with "nouns substantive," with "Sirs!" with ambiguous, sense less, unmeaning adjectives," and aU this castigation only be cause he had made one mistake m his speech on the Force BiU a few days before he received this spanking by the great- , est of aU New England's pedagogues. Mr. Calhoun did say "constitutional compact," He was caught in the act. He had the goods. He was guUty, and he was punished in the good old way adopted by Puritan manners and conscience. That is, he was piUoriod. What could he say or do but plead guilty? TRUE VINDICATION OF THE SOUTH 153 The reader ¦will bear in mind that after the debate between Hayne and Webster in January, 1830, a bill was introduced hi Congress to force South Carolina, by military power, and that bUl was called the Force Bill. Between 1830 and 1833 Mr. Calhoun entered the Senate, and in January 1833 be had delivered a speech on the Force Bill, in which he used the words "constitutional compact." To this speech Mr. Webster repUed on January 16th, 1833, and from tbat speech tbe quo tation above is taken. Mr. Calhoun then delivered a speech (January 26th) as a rejoinder to Mr. Webster's reply made to him on January 16th. In this rejoinder Mr. Calhoun did the very best he could. He said : "I regret that I exposed myself to the criticism of tbe Senator. I certainly did not intend to use any expression of a doubtful sense, and K I have done so, the Senator must at tribute it to the poverty of my language, and not to design. I trust, however, the Senator will excuse me when he hears my apology. In matters of criticism, authority is of the highest impprtance, and I have authority of so high a character in this case, for using the expression which he considers so obscure and unconstitutional, as wUl justKy me even in his eyes. It is no less than the authority of the Senator himseK." Mr. Calhoun then read a paragraph in Mr. Webster's reply to Hayne in 1830, and continued: "It ¦will be seen by this extract, that the Senator not only uses the phrase "constitu tional compact," which he now so much condemns, but, what is of StiU more importance, he calls the Constitution itseK 'a compact' — 'a bargain,' — ^which contains important admissions having a direct and powerful bearing on the main issue in volved in the discussion, as will appear in the course of my remarks." Mr. Webster had said in his speech in reply to Calhoun's on the Force Bill, "When sovereign communities are parties, there is no essential difference between a compact, a confeder ation, and a league." Here was an admission that put bim out of court. In bis reply to Hayne he said nothing of "We, the people," but when he admitted that an agreement between sovereigns is a compact, or confederation, he had to resort to the preamble to argue that the people, en masse, and not the 154 TRUE VINDICATION OF THE SOUTH States, which he could not deny were sovereign, had framed and ordained and ratified the Constitution, Well may Mr. Webster's biographer, Mr, Lodge, frankly admit that the facts were against him in this debate, and that the populace wanted bim to win, and, therefore, he won. His logic was not to blame, The cause he espoused defeated him, he was on the vni-ong side. The counsel and advocate was earning his pension. He choked into silence his conscientious conviction of thirty years on secession, and forgot his duty to his country. CHAPTER XXI, WEBSTER'S MISINTERPRETATION OF THE "PREAMBLE." We see this redoubtable Chieftain of New England dodg ing the "the States" that stand as inspired interpreters aU along the Constitution, and resorting to the expressionless preamble for inspiration to tell the Vorld what tbe Constitu tion means., The preamble is no more a key to that structure than a portico is evidence of the contents of a palace ; or the "Oyes! Oyes!" of tbe crier of a court is an announcement of a decision the Judge is about to deliver. Tbe preamble really seems about as useful to us to teach what the Constitution contains, as would be a door-mat to unlock a door to see what is in the house. The preamble does not contain a single declaration of any thing the people intended to say in the Constitution. It is a declaration of what they expected to accomplish by making a joint agreement— "to form a more perfect union, establish justice, insure domestic tranquUity," etc. Tbe convention could not say, — "We, tbe people of Virginia, Georgia, Rhode Island, New York, etc., do ordain," etc., because that would have assumed tbat aU the States would accept the terms of the writing. The delegates might have been severely criti cized had they named the thirteen States, as only nine were required to accept to give Ufe to the agreement. It would have been "counting chickens before they were hatched" to have named all the States. They could not select any nine as certain to agree. As it was, some took two years to decide, and some agreed by a bare majority. Hence, the delegates had to say, "We, the people of the United States," We have heard bim assert that the people bad already waived aside the Judges who wore gowns, and had taken up the Constitution, and, after due consideration, without argu- iment, had decided that that contract made Nullification and 156 TRUE VINDICATION OF THE SOUTH Secession treason. We have beard him announce that the Constitution made provision for its own preservation and- is, in no sense, dependent on the States for protection, or its Ufe, We have heard him give as tbe reason for this protection, that legislators, who had sworn to support the Constitution, would not violate that dath! Can any lawyer, or judge, who is not a blind partisan, say that the "Great Expounder of the Constitution" was honest in that debate? Did he not weigh the value of Protection to New England against the safety of the Union, and tip the scales in favor of Protection? He was too great a la-wyer not to know that he was trifling with tbe destiny of the repub lic — that, as Captain in command, be was heading for the breakers! I have said he had carefully surveyed the field of battle and he saw the coming struggle would not be determ ined by the Constitution, but that it would turn on the Laws of Nations. Knowing this, he, throughout two debates, took" his stand on the Constitution — ^in solido — and its preamble, and fired a hundred rounds, thunderously, with, "the Con stitution" — "the government" — "the people" — "the people!" And when Calhoun challenged bim to leave the Constitution and to make the gage of battle on the broader field of "The Laws of Nations," he ignored the challenge and answered, "I stand. Sir, on the 'noim-substantive' — ^the Constitution." In reviewing these debates, I have attained the point where it is in order to consider what seems to be the law that is the touchstone to determine the question made by the Northern States when the Southern States seceded. They assumed -with the arrogance and defiance of numbers and superior strength :i| 1st. That the Union was formed to exist in perpetuity. 2nd. That, therefore, no State has tbe right to secede. 3rd. That aU differences between States should be decided by the U. S. Supreme Court. 4th. That Congress, acting through the President as com mander-in-chief of the army and navy, is vested by the Con stitution with power to make war on a seceding State to force it to obey the laws of Congress; or, 5th. If such authority and power be not expressly given to Congress, still, they are necessarUy implied, on the ground TRUE VINDICATION OF THE SOUTH 157 that every nation has, by the law of nations, the inherent right to preserve its existence by any means ; including war, 6th, That, as a corollary to the last contention, the U. S, government was a nation in 1861, It wUl be observed that the Constitution is silent on every one of the six propositions. There is not a line or word in that writing that even remotely refers to any one of the six claims. Every one is an assumption. There is no positive law to support even one of them, except tbe fifth, and that has no pertinence to tbe question under discussion, unless the advocates of it wiU, also, assert as a necessary precedent ground that the government of the United States^ was a nation in 1861, I wUl anticipate an answer tbat will be made that the fourth contention by the Northern people is expressly provided for by the Constitution in these words, to-wit : "Con gress shall bave power to provide for calling forth tbe militia to execute the laws of the Union, suppress insurrection and repel invasions," This pro-vision wiU be considered at the proper time, A few general statements, although already made in pre ceding chapters, must be repeated in order to assure a clear un- derstanding of tbe law, which, in my opinion, decides the dispute that, by a fratricidal war, has riven this country in twain. First. In 1787 there were in this country thirteen sovereign States, each separate, free and independent. Second. Each of those States, free and independent, sent deputies to PhUadelphia to confer, and, if they could agree, to frame a Constitution on and by which a govemment might be formed to represent the thirteen States in the exercise of such of their powers as sovereigns must exercise in their illa tions to and with other sovereigns, and, also, to exercise a few of the powers tbat sovereigns exercise for domestic peace and tranquiUty, and for tbe interests and happiness of their i'^tojects.t. Third. The deputies, representing each State, should they agree on a proposition, were to submit it to their separate States, for separate action by each State, for tbe people of each State, acting separately, to approve or to reject the proposition. 158 TRUE VINDICATION OF THE SOUTH Fourth. The deputies agreed on a proposition to be called a Constitution, which -w&s submitted to each State and each State, acting separately, at different dates, within its o-wn boundaries and in its sovereign capacity, at its seat of govern ment, approved the -vrriting and ratified the action of the deputies. Fifth, The Constitution beihg thus agreed tp, each State, acting separately, proceeded to organize a govemment in ac cordance with the terms of their agreement; each State elect ing electors to vote foi? a President and Vice-President; each State electing Representatives and Senators to Constitute a Congi'ess; these electors from each State met in their respect ive States, elected a President and Vice-President; the Presi dent, then, with the consent of the Senate, appointed judges, ambassadors, consuls and all other executive appointees, and the federal government was organized to exercise the limited powers committed to it by the Constitution, Sixth. By the Constitution the States expressly provided to retain absolute control of the govemment thus organized. They retained the elective franchise to be exercised by citizens of each State on terms to be prescribed as each State should desire and decide ; and no citizen of one State can vote in any other State. They kept control of the Constitution by pro-vid- ing that three-fourths of the States can amend it in any particular— by adding to or taking from it. The power to enact a law carries with it the power to amend the law; and amendment covers subtraction as weU as addition. Further more, the power of a sovereign to make its or his own lai^s includes the power to repeal those laws. So that, as sovereign States made this law — the Constitution — and agreed that three-fourths of their number can, at wiU, amend it ; and as a sovereign that makes a law can repeal it, the number of States tbat can subtract can also repeal. Three-fourths of the States can amend hj repealing the power to declare war, to levy taxes. CHAPTER XXn. AN AMAZING IGNORANCE AND A SUGGESTED SPEECH. It is amazing to Southerners trained in the simplest laws and ethics that govern nations in their conduct inter sese, to see, hear and read of the childlike innocence and complacency of ignorance displayed by Northern historians, pubUeists and pamphleteers when pointing with pride to the final construc tion of the Constitution made "by the people." They style this unexpressed, unascertained, uncanvassed, and, therefore, unknown wiU of some of the people — ^no number nor locality stated — a construction of tbe Constitution, and a decision and judicial judgment of its meaning from which there is no ap peal. With them it is the last word, a finality, although not one of the people — ^not even one of the imaginary judges con sisting of the people — ever heard of, or dreamt of, or thought of the question in dispute, Mr, Lodge says (as already quoted) that in 1830, Mr. Web ster, in reply to Hayne, gave voice to the opinion of the Con stitution as held by "the populace." What populace? Where were they? How, wben and where did Mr. Webster learn what the Poprdace thought of nullification? He knew, as well as he knew where his home was, what the populace in and adjoining New England thought of secession. He had heard, a thousand times, probably, of their opinion claiming the right to secede. Up to 1830, no one at the North ques tioned the right of each State to secede. After Webster's speech in answer to Hayne, 1830, it is claimed that he had but echoed the popular decision. There had not been a gathering of the people; no meeting, not even a bar-room conference; but Mr. Lodge insists that the popxdace had spoken before 1830, up to which date the doctrine of secession had not been thought of in the South except when the press noticed some of the many threats by New England to secede. 160 TRUE VINDICATION OF THE SOUTH A construction of the Constitution by the populace ! Until 1829 the word Nullification had not been heard by the peo ple, except by a few in New England. They, the body of the people, did not know the meaning of that word. Yet, we are to believe that the majority of the pedple had been for years debating whether the act of nullification by a State could be constitutional, and had decided it could not. Is there any other statement or contention by a historian that is or can be so absurd as this? That the people had ever come to an agree ment against Nullification is absurdly false; any agreement, even if unanimous against, or in favor of, NuUification, would be equally absurd as a binding construction, or as a legal, or judicial opinion. No! this is but a blind. It is a soothing plaster to cover Webster's seK-inflicted wound. It is a stalk ing-horse on which to escape the charge that his opinion of 1830 was the echo of the forty (40) manufacturers who guar anteed his pension for service rendered them in Congress.,'!! If it is amazing to, bear a learned -writer, who is not a lawyer, speak of great questions arising out of the Constitu tion being judicially decided by popular opinion, what are lawyers and judges to think, say and do, when they hear the "Great Expounder of the Constitution'.' advance the same legal heresy, and see it planted in the mind of the rabble, or mob, to hatch out chaos? Near the opening of Mr. Webster's ! reply to Calhoun, he said : "Mr. President, K I considered the constitutional ques tion now before us as doubtful as it is important * * * this would be to me a moment of deep soUcitude. Such a moment has once existed. There has been a time wben, rising in this place" (when he repUed to Hayne, 1830), "I felt, I must . confess, that something for good or evil to the Constitution ' of the country might depend on an effort of mine. But circum stances are changed. Since that day. Sir, public opmion , has become awakened to this great question; it has grasped it, it has reasoned upon it, as becomes an intelligent and patrl- 1 otic community, and has settled it, or now seems in the progress of settling it, by an authority which none can disobey — the authority of the people themseives." TRUE VINDICATION OF THE SOUTH 161 No demagogue, however skilled m his destructive art, has ever thrown to the mob a more dangerous apple of discord. It sounds as terrible as if it were the announcement of the decision of anarchists in convention with firebrands in hand. We hear its ominous echo each time the lion hunter from wUdest Africa, in his wild hunt for the Presidency tbe third time, stabs his once bosom friend, and appeals to labor to fight capital and despoU it. In the debate with Hayne, three years before the above stunning announcement that "the peo ple had settled the question," Mr. Webster had contended that the people of South Carolina could not decide and settle the question of nuUification, because the Constitution had pro vided a Supreme Court to decide all such issues — such as the constitutionality of an Act of Congress. But the question of nuUification and Secession could be settled by the people of the North, and there could be no appeal from that popular decision of the most important political question any people on earth ever had to decide — a question involving the life of a republic, and the happiness of millions then, and of hun dreds of millions to follow. That Senator Lodge should not understand the elementary Laws of Nations and tbe Constitution is not surprising. He is not a lawyer. Like John Fiske, he is a literateur, a his torian, a renovator of old furniture for new shelves, a fur- bisher of thrice told tales, a decanter of old wines into new bottles; not a reasoner, but a narrator; a late recruit enlisted to maintain a losing cause for a private's pay. It is but a natural sequence that he should imagine that ^he only bond holding tbe States together is to be interpreted by the popu lace — ^laymen like himseK. But be must be excused, forgiven, as we find that he has only paraphrased the "Great Expounder of the Constitution," his predecessor in the Senate. Yet, Daniel Webster first announced the astounding dis- ¦^''.eovery that the question which the wisest statesmen — ^himseK among the number — ^had debated for years without reaching a decision, had been taken up outside by butchers, bakers and candlestick makers, and settled in favor of "the negative side." Whajt a pity to waste so much ammunition after tbe war was over! To fight another battle of New Orieans and kill poor 162 TRUE VINDICATION OF THE SOUTH Pakenham, and, that too by the Commander-in-Chief, who, we must infer, had read the popular pronunciamento. Mr. Webster was a logician of great power. He knew the true from the false in logic. He was seemingly candid and above dissimulation. He appeared to be sincere in scorning resort to the arts of the demagogue. He spoke as if he despised pinchbeck jewelry and apples of Sodom, Give him a subject that embraces rugged Alps, to be scaled and leveled, and rayless caverns to be explored and illumined by the light of day, and those born with feeble vision can see their way. Give him a subject free from the gins and snares of partisan ship, that does not arouse the greed of the Puritan; that is free from the -wiles that tempt the conscience, give him a sub ject devoid of sectional bias, that did not in the remotest de gree envelop any interest of Massachusetts or New England] and give bim time to train bis Pegasus of thought, and he could treat it with impartiality, in a broad catholic spirit, and with ability surpassed by very few debaters or statesmen. But in any conjuncture, on any occasion, even wben the Union was in jeopardy, and before bis sublime self-sacrifice on March 7th, 1850, if the financial interests of New England were in one scale and the interests of tbe other States were in the opposite scale, the wonderful resources of Webster's oceanic intellect were wrested by ambition, sectional pride and his personal benefit as estimated by him, in behalf of that Uttle industrial group, at the head of which stood the original Puritan nursery that he adored. When forced by the scathing criticism of Hayne to at tempt a defense of Massachusetts, rising to the height of a grandiloquent bluff, he exclaimed: "Mr, President, I shaU enter on no encomium upon Massachusetts; she needs none. There she is. Behold her, and judge for yourselves. There is her history ; the world knows it by heart. The past, at least, is secure. There is Boston and Concord and Lexington and Bunker HiU, and there they wiU remain forever," What a lean, meagre, equivocating, halting, timorous index to a cyclo-> pedia of crimes committed in the name of the God of mercy, and justice and love, that covers the records of a hundred years ! TRUE VINDICATION OF THE SOUTH 168 That euphonious bombast had been most artistically ar ranged and measured by a devoted son compeUed to take the witness stand in the highest tribunal on earth, to say what he could in behalf of his mother, whose hands, the listening judges knew as well as he, were so steeped in the blood of savages and saints, women and babes, Indians, Africans, and her own children that they would "The multitudinous seas incarnadine. Making the green one red," "There is her history; the world knows it by heart," True, indeed — and "pity 'tis, 'tis true." Would it had been buried with her sacrosaints, Winthrop, Endicott, John Cotton, Cotton Mather and others whose malodorous memories taint even now the air about New England's triumphs as, for days after Waterloo, the odor of "rider and horse in one red burial blent," tainted aU tbe glory of victory, "Boston, Concord, Lexington and Bunker Hill," How electic was the skilKul, practiced eye of this loving son, in choosing these four brilliant gems from a ponderous casket loaded with paste, to decorate the hideous brow of his bloody Borgia mother ! What a beggarly account and display of the accumulations of two centuries. He was touchingly modest, in view of the graves, gibbets, pUlories, and judicial murders from which to choose a few specimen exhibits. He could bave continued — "And there is Salem with ber sUent but eloquent string of gaUows adorned with swinging Quakers — ^heroes and heroines aU! And there, too, in this graveyard you behold her many testimonials to her celestial divination by which she detected the secret, midnight machinations of the Devil in imparting to old women and children bis power to bewitch her pious and peaceful followers of the Lord. There in Boston, and near PaneuU Hall, stands the gallows from which that martyr to her reUgious Faith, Mary Dyer, gave up her Ufe in the pres ence of her own chUdren and of the Puritan saints. There, too, you behold her temples dedicated to the worship of her confidential Lord, and before whose sacred portals stand her favorite ministers of justice, and efficient auxiliaries of her 164 TRUE VINDICATION OF THE SOUTH constabulary — ^her pillories, her bilboes, her stocks and gib bets, "I have said there is Concord, — ^Yes, the only remaining monument that has survived one hundred and fifty years of perpetual Discord — discord with Indians; discord -with all Quakers, Episcopalians, Baptist, Calvinistic and other heretics perpetually infesting her peaceful shores, which she had con secrated as landings for her hundred ships laden with savage negroes "plucked as brands from the burnings" from darkest heathen Africa, to give them the incalculable blessing of the Puritans' incomparable and peculiar religion; discord -with Kings and Queens; discord with England's naval officers who disapproved of the practice by her sons of the art of smug gling introduced by them from the old world to the new. These, Mr. President, are but specimen bricks taken at ran dom from the many pyramidal monuments standing as im perishable witnesses to testify to the glory of Massachusetts. But I refrain to weary your patience witb further recital of these details that stand like marble milestones along her bril Uant pathway, stretching over two hundred years of energy that benevolently extended, without rest, into the borders of ber neighbors and sisters. With one other proof of her superior activity springing from the irrepressible love of un- trammeled personal liberty, T shall leave with you and the country this brief index of the history of Massachusetts, "Without arrogance or boasting I affirm that Massa chusetts, impeUed by her spirit of liberty, has led her sister colonies and States in many of tbe useful activities of IKe, as well as on the line of useful inventions. She was the first to demonstrate her unconquerable bostiUty to tyranny by tear ing do-wn one of tbe market houses in Boston by what in this day is denominated a mob. It was only the action of a few Puritan sons who objected to the market, and they gathered together and adopted tbe readiest and least expensive method of removing what to them was objectionable. This high spirit has marked ber industrious sons from that day to this. Those Puritan patriots were the first to inaugurate smuggling in resistance to the statute of Parliament whieh they imagmed transgressed the bounds of personal liberty and of individual TRUE VINDICATION OF THE SOUTH 165 rights. Those Puritan Christian patriots were the first to dis cover that the only effectual method to get rid of and to sUence pestiferous Quakers who obstinately refused conform ity to their eighty-nine articles of Faith, was to swing them from the gaUows. They led their sister States in tbe discov ery that Jesus Christ was no co-equal with the Father, indeed, was not Divine — and they improved and enlarged the borders of reUgion by establishing tbe doctrine of Unitarianism. . "They, like the Athenians, were constantly on the watch for somethmg new, Wben they reaUzed that negro slavery was unprofitable, as they founded it, being sensitively con scientious, they concluded it was their duty to aboUsh it from the Union, but, as the Constitution guaranteed it, that instru ment seemed an insuperable obstacle in their way. Being, however, inventive and indefatigable, they began to investi gate, and soon found, through fate and metaphysical aid — the means prescribed by Lady Macbeth for Macbeth to reach the "golden roimd" — ^that Providence had provided for them a "higher Law" than the Constitution, and they are now working with the industry of a herd of hungry beavers, out side and above that fundamental law, to give to the slave- holding States a modicum of the blessings of liberty enjoyed by themselves. Considering that the people of Massachusetts, at first, were all Puritans, and that those saints are still in control of ber government and destiny, perhaps I should qualify by some measure of , diminution the merit I bave ac corded to her in the two instances touching tbe discovery of Unitarianism and the 'Higher Law', because, Sir, as the Pil grim Fathers were, and their descendants are, successorsi to the Israelites as God's chosen people, and are His vice-gerents over this world, and bave always been in the closest confiden tial relation and hourly communication with their Deity, it may be that He may have diffidently suggested the method of ; discovering the repository of tbe 'Higher Law,' "And, Mr. President, I should not omit to call attention to the superiority of the descendants of tbe Pilgrim Fathers in that broad, intricate, entangling and metaphysical field de nominated Finance. I need not do more in support, if not in fjdemonstration, of their superior acumen as financiers, than 166 TRUE VINDICATION OF THE SOUTH to point to the vast accumulation of riches within the borders of Massachusetts, and, indeed. Sir, of all New England, This, Sir, is due to the Puritans' discovery of tbe immeasurable wealth that the framers of the Constitution, in their foresight and beneficence in behaK of posterity, had enveloped and con cealed in that magic phrase — 'general welfare', the 'Sesame' to which that investigating and philanthropic people around Plymouth Rock were so fortunate as to discover, ' ' There remains but one more proof of tbe inventive genius of the descendants of the Pilgrim Fathers, to which I shaU at , present refer. While it does not lie within the expansive field of Finance proper, still, it is a legitimate offspring of that modern growth of wisdom and and chicanery, I mean that mental contrivance, compounded of many chances, which is denominated 'Dealing in Futures,' To tbe ingenious people of Massachusetts must be assigned aU credit for tbe invention of this purely intellectual adjunct to Finance, It originated in Boston and grew out of her method of conducting the sale of ber negro slaves, or rather her style of advertising negro slaves for sale. Not having before me the journal in which this innovation on the custom of sales appeared, I must be content to say that the owner of a negro wench, as he styled ber, offered her and her child then unborn for sale, the pur chaser to take both, or take the mother or chUd alone. It is readily seen that the purchaser of the child was 'dealing in futures' to the degree of recklessness — for the child might come blind, or deaf, or dumb, or epileptic, a paralytic, a crip ple; or— I was about to say — a mulatto, but remembering that the transaction occurred in Boston, I saw, at oncCj the im possibility of the woman giving birth to a mulatto at that period of Boston's Puritan virtues. "With one more remark I shall leave this feeble encomium of Massachusetts with you and the country. It is that the Puritans by adopting that new method of sales of personal property, introduced a new rule governing tbe vaUdity of title. By the Common Law, one delivery of personal prop erty is sufficient to vest title in the purchaser, whereas it is evident, even to /the understanding of a layman, that in this case of 'dealing in futures' two deliveries were necessary in order to perfect the title," CHAPTER XXm. THE RIGHT OF SECESSION. 1 Having shown the right of a nation to withdraw from any agreement of whatever name or obligation, and that each State in the Union in 1787 was a nation, we now come to the question of the right of the Southern States to secede from the Union in 1861. If the Law of Nations justifies secession in the abstract, it must follow, a fortiori, that the slave States had the right to secede should it appear that the free States had violated the agreement by which tbe thirteen States were united. As already said, it matters not what the agreement between the States is called — ^whether a convention, a com pact, league, confederation or constitution. We are not pur suing a shadow. We are considering substance. We have heretofore quoted Daniel Webster's fanfaronade on the word Constitution — "I -wiU have tbe gentleman (Mr. Calhoun) to know that the Constitution is a noun substantive," It would perplex any "Yankee school-teacher" — or other teacher, or i.^rammarian, to produce a noun that is not "substantive," Webster did not inform "tbe gentleman" what sort of noun is "compact, agreement, league, contract," or "confederation." He spoke as K tbe Constitution were clothed with the sanctity of the Ark of the Covenant, and tbat he was one of the Koha- thites to whom its safety was intrusted. This grandiloquence was indulged in in 1833, We soon shall see him in a different role, and hear bim reduce his "noun substantive" to its com mon-sense meaning — "a contract," We must now make a brief review of the action of tbe States and of the conduct of people of tbe Northern States from the formation of the Union to the election of Abraham Lincoln as President. It is not necessary to re-view the de bates in tbe convention that framed the Constitution. Courts, without some special reason, never look behind a contract to see what was proposed and what was rejected by the parties thereto before signing. They look only at the con tract — what the parties agreed to — and apply the law. On 168 TRUE VINDICATION OF THE SOUTH the forefront of the compact between the States they stated the reasons tbat moved them to form a Union — ^to-wit: "To establish justice, to insure domestic tranquiUty, to provide for the common defense, to promote the general weKare, and to secure the blessings of liberty for themselves and their posterity," And we are bound to assume, as a fact, just as judges in forming their judgments assume a fact as proven, or admitted, in open court, that tbe people of each State entered into that compact for the reasons so explicitly stated by them, and, second, tbat the reasons stated were the only inducement for forming a union, and, as a conclusion of law, that the attainment of each and all of those ends — ^five in number— constituted the only consideration moving each State to enter into the Union, This being unquestionably true, it follows that any voluntary action of any of the parties (States) to the compact that defeated the attainment of aU, or any one of those considerations, was a breach of the com pact and made it void, or voidable at tbe will of any of the innocent or unoffending parties. For more than a century before the Union was formed, negro slavery had been a social and labor institution in a ma- , jority of the States, and was such in every State when the Constitution was adopted. It is history known of all men that the negro slavery subject caused more trouble in the con vention that framed the Constitution than any other subject. It is, also, indisputable tbat unless negro slavery had been recognized and protected in express terms by the contract, or compact, the efforts of tbe convention would have been in vain, and there would have been no Union between the States, Negro slavery is recognized three times in the Constitution: First, in the apportionment of Representatives in Congress by including in the population of each State "the whole number of free persons, including those boimd to service for a term of years, and three-fifths of all other persons;" second^ by limiting the importation of slaves to the year 1808 ; and, third, in Art. IV, Sec, Tl, Par, 3, that provides for delivery to the master of fugitive slaves. These clauses were inserted to in sure an agreement by the convention and adoption by the States. They were sine qua non. Without them the Union TRUE VINDICATIQN OF THE SOUTH 169 was impossible ! These facts no man not an ignoramus, or at heart a despot, will deny. * Only two more steps are needed to conclude this view of the right of the Southern States to secede in 1861. Tbe first is to state the law. It is laid down by Vattel, 5th Ed/, pages 260-261, Sec. 296: ¦ "If it be certain and manifest that the consideration of the present state of things was one of the considerations tbat occasioned the promise — that the promise was made in consideration or in consequence of tbat state of things — ^it (the obligation of the promise) depends on the preservation of things in the same state. This is evident, since the' promise was made only upon that supposition. When, therefore, that state of things which was essential to the promise, and without which it certainly would not have been made, happens to be changed, tbe promise falls to the ground when its foundation fails. * * * That state of things alone, in consideration of which the promise was made, is essential to the promise. Such is tbe sense in which we are to understand that maxim of the civilians — Conventio onmis inteUigitiir rebus sic stantibus — that is, "every agreement is to be construed according to surrounding conditions at the time it was made." The second step is to take a retrospect to determine whether the same state of things in relation to negro slavery existed m 1861 as in 1788, when the slave States agreed to the con tract called the Constitution. Tbe transition is tbe most start ling and horrible known in any seventy years in the world's history. It is like passing from alovefeast into pandemonium, like turning from tbe cheery music of Christmas bells to hear the ravings of maniacs chained in a madhouse. We will pause a moment to Adew the scene. We see the architects and buUd- ers of the last Temple of Freedom, with joyous faces, file out and pause on the Parian threshold on a golden day; whUe the sun throws his noonday splendors as a benediction upon them. Looking around on tbe seeming faultless sky they see just above the Northern horizon a smaU cloud not bigger than a man's hand. It wears an ominous portent. It holds the patriot's gaze. It has a perfidious aspect. Soon it begins to sweU and take on a darker hue. It expands slowly with ser- 170 TRUE VINDICATION OF THE SOUTH pontine trail towards the east, then -with tortuous movement to the west. As it grows, the darker it becomes. Soon a faint lurid flash is seen, as when the ¦viper thrusts out its venomous tongue. As its dismal wings expand, its horrid (frest by leaps and bounds invades the upper air now trembling at its dread approach. Now day is obscured, and thick, plunging bUlows of darkness roll and leap as when by fury the ocean's deep is seized and in masses thro^wn as a challenge in the face of Heaven, Over tbe sun is now spread tbe black veil — the sym bol of death, and night is swallowing up tbe day. Now a low grumbling sound breaks on the ear like the deep-throated menace of the lion disturbed in his midnight lair in a far off jungle, A sudden flash, making the darkness visible, leaps through the tumultuous, rushing gloom, leaving a momentary rKt through which strangely demoniac figures appear. As we gaze, we doubt the faithfulness of our senses. We see short-haired women and long-haired men rushing peU- mell from East to West, then from West to East, mounting platforms, pulpits, stumps, waving their arms like flails threshing grain — shouting — screaming — yelling, as K in agony from burning garments. We see them raise high in the air children black as the surrounding cloud — ^kiss them — embrace them — and cry "freedom! freedom! freedom!" Rushing by comes a negro chased by bloodhounds gnashing and tearing her clothes and flesh, A moment, and we bear the rumble of a train rushing along a subterranean way at midnight. We see It emerge, and its sable, mongrel cargo leap into the arms of the shouting, screaming, yeUing short-haired women and long-haired men who cry "freedom! freedom! freedom!" Then the cargo is again stowed away and the train rashes on— on — into the resons of the frozen North, Suddenly, a lurid stream of Ught leaps from the Atlantic to the Pacific abreast the raging cloud, and, behold! it is re solved into miUions of human forms with faces black with envy, rage and maUce, and then from out the West rises a figure— taU, unshapen, and gaunt; unknown to fortune and to fame, his origin a mystery, only recognized as one of a million fanatics. By this brand the images knew him and haUed him as Chief. From the cloud, adulation Uke a tempest TRUE VINDICATION OF THE SOUTH 171 burst upon him, and on it he rose and trod upon the necks supinely stretched, like Jupiter enthroned on Olympus, jest ing with the -vulgar, while pollution flowed 'from his lips, until a Ughtning bolt struck the Temple of Liberty, which fell with a roar heard around the earth. Then followed a sound like a distant echo of the temple, and the Ruler of the storm bowed his head never to rise again. In the year 1776 tbe thirteen colonies made their Declara- .tion of Independence, to maintain which they pledged to each other their lives, their fortunes and their sacred honor. In the year 1778 they formed "a league of friendship witb each other for their common defense, the security of their liberties and their mutual and general weKare; binding themselves to assist each other against aU force offered to, or attacks made upon them, on account of reUgion, sovereignty, trade, or any other pretense whatsoever, ' ' Tn the year 1787 they met again and made a third agreement, — "to establish justice, insure domestic tranquiUty, provide for the common defense, pro mote the general weKare, and to secure the blessings of liberty to ourselves and our posterity," ¦ As has been shown, in tbe third agreement the thirteen States made two special provisions for tbe security of that class of property kno-wn as negro slaves then owned by citizens of each State — the only kind of property thus recognized for protection, and tbe bnly property that delayed for many weeks the agreement. As the pledge of protection was neces sary to a consummation of the agreement, and without it the Union could not bave been formed, witb honorable men that pledge would have been held more sacred than any other. The other provisions were matters of accommodation, of conipro- mise, as could be easily demonstrated, while this one — ^protec tion to this property, which had become a part of the social and economic condition of all the States; whicl}, under con trol, was contributing to the "general welfare," but, free' and imrestrained, was known to be dangerous to and subvers ive of "domestic tranquility" — ^was the indispensable prere quisite to the contract. Yes— among men of honor, this obligation could not have been violated. Honorable men, who had sold these slaves to 172 TRUE VINDICATION OF THE SOUTH Southern men and had invested the purchase money in stocks, bonds, mills and factories, and grovm rich on that slave trade, would never bave considered for a moment a proposition to wrest that property from the men they sold it to, nor from their children. Yes— honorable men, some of the slarve traders who sold the slaves to the South, and who bad inherited the stocks, bonds, mUls, factories, and other property, purchased with that blood-money, and who were thereby living in ease, com fort, luxury and splendor, would not have raised a finger nor spent a dollar to wrench that property from the chUdren, who bad committed no greater offense than holding what they had inherited. Yes — men of honor — saying nothing of Christian men — would never have repudiated tbe contract of their fathers and have refused to pay back that blood-money, and have hired Hessians to invade the homes of men who had paid to their fathers full price for the property — ^to shoot fathers and sons — impoverish wives and children — and to free slaves their fathers had made slaves of, and had been fattened by that in famous piracy and traffic. Honorable men — sons of honorable men — ^would not repu diate their fathers' contract by which they bad reaped billions of dollars, and denounce their fathers as parties to "a cove nant -with Death and an agreement witb HeU," and revel in the swag they had raked from "an agreement -with HeU." These are acts no honorable men woiUd have done. Let us now see what was done. To tbe first Congress assembled under tbe Constitution of 1787 a petition was presented asking for the abolition of negro slavery. That was followed by an other and larger Uke petition to the second Congress. And there was no Congress, from the first to tbe one in 1859, that did not receive this petition. Tn vain did Congress pass Reso lutions declaring tbat Congress bad no jurisdiction over slav ery. In vain did Congressmen tell their constituents that it was idle to send those petitions to Congress, Tn vain did Con gress lay them on the table or order them to the wastebaskefel Signatures multiplied by hundreds, then by thousands and by tens of thousands. By the year 1820, so fanatical on slavery TRUE VINDICATION OF THE SOUTH 173 had the Northern people become, that a bitter contest occurred in Congress over the admission of Missouri into \ the Union. The opposing forces were anti-slavery. The result was tbe memorable compromise — called the Missouri Compromise — that forbade negro slavery north of Missouri, or the paraUel of 36° 30'. That bitter conflict divided the Union into two sections, ever since called The North and The South — a bap tism ordained by Nature, and a divorce from bed and board compeUed by Fanaticism. This was the first clanging of "the fire beU" dreaded so much and predicted by Thomas Jeffer son, During the decade foUowing 1820 the agitation at the North for aboUtion of slavery grew apace, A torch was throvm. into the stubble by legislation forced through Con gress by the avarice of the Puritans. It was the tariff law that South Carolina strenuously opposed, even to the verge of hosfiUties, by what was called NulUfication. This brought on , the celebrated debate in 1830 bet-ween Robert Y. Hayne of South Carolina and Daniel Webster of Massachusetts — ^the two most antipodal States in the Union, Tn that debate, for the first time after the Constitution was adopted, was the opinion announced, in solemn form, by any statesman, tbat a State had no right to secede from the Union, In 1833 the de bate was resumed by Mr. Webster and John C, Calhoun, when Webster, emboldened by the fame won in the debate with Hayne, advanced a step further and proclaimed the law under and by virtue of the Constitution to be that Secession would be rebelUon and revolution. Just here the path we are traveUng can be greatly illum ined by ha-ving Ught from the rear thrown upon it, as hunters at night the better see the game they are seeking. We are now in the year 1833. In a prior chapter we have learned that, from the day the Union by consent was formed, no man questioned the right of a State to secede. Washington and Hamilton— both Federalists — so beUeved. They considered the Union as tentative or an experiment. The people of New England so beUeved. Daniel Webster, we have seen, in the Pramingham Resolutions addressed to President Madison, so contended. He wrote the Resolutions. The Hartford Conven tion in 1814 so spoke. Josiah Quincy of Massachusetts, made 174 TRUE VINDICATION OF THE SOUTH a speech in the House of Congress in favor of the right of Secession. William EUery Chaiming, one of New England's foremost divines, favored Secession to be rid of slavery. A Northern repubUc was advocated in New England to be com posed of Free States. During these forty-six years this be lief in peaceful and rightful secession prevailed throughout the Union. Now, apply again the rale " cotemporanea expo- sitio est optima ' ' — the opinion of those cotemporaneous vrith any matter, event, or writing, the meaning of which is in question, is the best evidence of its purpose or meaning — and, as tbe Constitution is absolutely negative on the ques tion of secession, we are bound to accept the opinion of the men not only cotemporaneous with, but who took part in mak ing, the compact or contract between tbe States. But as we proceed we shall get more of this light coming from the same source. We resume the narrative from the year 1833. Mr. Webster won such reno-wn by his arguments in the Dartmouth College case and in the ease of Gibbons vs. Ogden, that he was crowned "The Great Expounder of the Constitu tion." This halo covered him in the debates with Hayne and Calhoun. Hence, the North greeted him -with hosannas as he declared Secession nothing less than Rebellion and Revolution. His finesse, his assumption that the States were subordinate to the federal government, that the Constitution alone was the law, were questions beyond popular understanding, and his conclusion was accepted by the fanatics of the North on his ipse dixit. It was ex cathedra. Here was ground to stand upon. Between 1820 and 1833 the nebulous elements of anti-slav ery had been gravitating towards a common centre. In 1835 they began to unite in societies for the aboUtion of slavery,, to agitate, to muster recruits. We bave the record in the chapter on Daniel Webster that in the year 1837 there were societies organized and in full blast to propagate abolitionism throughout the Free States, and that they thereafter multi plied in almost geometrical ratio. The members in that year were 158,000. To record a hundredth part of the deeds of those fanatics, even to catalogue their speeches, pamphlets, -writings in the press, and sermons, to give the names of their TRUE VINDICATION OF THE SOUTH 175 speakers — ^male and female, and their places of meeting to portray the horrors of negrq slavery their fathers had estab Ushed in the South, would fill a large book. However, there are sufficient facts for future historians to base their de cision on when they shaU decide whether the South was more than justified in leaving the company she had accepted in 1787 as Ufe-companions, and a few of these facts will now be recorded. As they are a part of the coimtry's history, well kno-wn and indisputable, no space need be given to references, to books and pages. One of the methods of campaigning was tbe establishment of the "underground railroad." Its freight was negro slaves only, escaped or stolen from their Southern masters. They were spirited away -with hot haste to safe seclusion in North- em States and to Canada. To insure a valuable cargo, emis saries were sent through the §outh as sneak-thieves. Often the Bible was used as the jimmy to unlock "the shackles and fetters the groaning slaves were dragging by day at his work." Colporteurs would saunter through the South osten sibly selling Bibles. That holy mission gained admission to and hospitable entertainment in the best homes. They were sped with blessings and -words of cheer for their good work for the salvation of sinners. They meet a negro — talk of tho horror of slavery — ^the glory, the ease, tbe luxury of freedom in their country. The negro is willing, a night rendezvous i£ agreed on, and they start post-haste to that land of freedoia and no work. Among the honest, trusting, unsuspecting i Southerners the trick was turned "as easy as lying," The master, the next day, supposed as the worst that the negro had run away. He could not imagine that the Christian gentleman wearing his Ufe out selling Bibles to redeem lost souls, had any possible connection with the absence of his slave. Sometimes, but rarely, the pious thief was suspected, pursued and caught. In a few instances he was punished in a manner that reminded him of the Quakers whom his sainted Pilgrim Fathers tied to cart-tails and whipped through three towns — ^not, however, for stealing, but for not taking off thei? hats. 176 TRUE VINDICATION OF THE SOUTH This method of stealing was on land, but the ocean on whose bosom the piracy of the negroes' ancestors was carried on by the Puritans, was not neglected. New England then monopolized the coastwise trade with tbe Southern States, This scheme was worked: Negroes, instead of white men, would be articled as sailors on ships coming to Southern ports. During the stay in port, unloading merchandise and loading cotton and rice, the negro sailors were in constant as sociation witb the stevedore's slaves. The Yankee negro would fill the slaves with all the good things in the land o£ Canaan — ^with its mUk and honey — ^the grapes of Eschol— and no work — and at the hour of saUing stow them away below and the trick was turned. There was no telegraph to intercept and to order arrest at the Northern port. There was no remedy. Even the mighty "Sovereign" Federal Gov ernment, -with its army and navy could do nothing for the master. This method of stealing the property the Puritans had sold to Southerners was conducted to such an extent that the citizens of Charleston, South Carolina, felt compelled to have negro sailors arrested — ^put in jail — and held there until the hour for the ship to weigh anchor. This action, in self- defense, caused a protest by the people of Massachusetts. They sent Mr. George Hoar as commissioner to Charleston to call her citizens to accorint for "incarcerating the free citizens of Massachusetts without authority of law," Mr. Hoar was made to understand that K Massachusetts or Boston, would send to South Carolina white men as sailors and keep their free negro sneak-thieves at home South Carolina's jails would not be burdened with negro sailors while in port. This incident made the municipalities at the other Southern ports more wary, and theft by stowing slaves was not so successful thereafter. But the underground railroads multiplied. Northern termini were established along the length of Mason and Dixon's line, and west of Missouri depositaries were chosen to receive the stolen slaves and to conceal or forward them fuirther North, The Southern termini were afloat, or on foot, in every Southern State where the pious Bible colporteurs might wander. And TRUE VINDICATION OF THE SOUTH 177 there was more rejoieing, at each Northern terminus, over one negro saved by theft, than over ninety-nine thieves converted and saved from the gaUows. This rebeUion against the Constitution that guaranteed protection to slave property; this open, flagrant violation of the Commandment against stealing; this destruction of "do mestic tranquiUty;" this fanaticism on slavery — successor to and continuation of the Puritan's fanaticism on religion, was, at first, among fanatics of the lower social order. It was a kitchen rebelUon against aU law and order. They played on the passions of the groundlings — ^the lowest stratum lying close to the negro. This is shown by the fact that William Lloyd Garrison, then in obscurity, who was printing a four page quarto sheet — in a back alley in Boston — called "The Liberator," was seized on the street in 1835 by a mob that resented his incessant caterwauling over the negro, and was dragged along a street by a rope around his neck. About the same tune another garret editor, named Lovejoy, in southern Illinois, was attacked by a mob, his office destroyed, and he was killed. As the tide of fanaticism rose high in after years, his brother, Owen, mounted it and rode into Congress. Although the agitation for abolition started in the base ment, it rapidly gained recruits. Daiuel Webster, in bis speech at Plymouth Rock in 1820, said that at least a million sons of New England had migrated to the Western States. They went to teach, to seek fortunes, to grow up -with the coimtry. Being better educated than their pioneer neighbors, many were chosen as Congressmen. They went West as propagandists of all New England's ideas. Without statistics, we must assume that many hundred thousands of women, also, went from New England to the Western States, as wives and as teachers. Here was enough inflammable material to set the prairies on fire, and to account for the rapid spread of the Abolitionists. In 1833 Great Britain freed her slaves in the West Indies. The Puritans — ^who for two hundred years had never been capable of seeing any wisdom, justice or honor in any act of the British, or their Parliament or King — looking through the medium of fanaticism, saw justice in that emancipation, and were fired to follow in her footsteps. The 178 TRUE VINDICATION OF THE SOUTH omnipotence of Parliament to legislate on aU matters, and the impotence of Congress to touch the institution of slavery; the protection guaranteed by the Cdnstitution to slavery in the States; the sovereignty of the States that protected them from interference — ^were no obstacles in the way of fanatic ism. The fact that Parliament paid the British slaveholders four hundred million dollars to compensate them for their property set free, and the fact that New England had gained billions of dollars from the South by sale of slaves to it, and by the increase of that purchase money, did not disturb the souls of the fanatics. "Fanaticism," says Dr. Isaac Taylor, "is enthusiasm in- fiamed by hatred. It rushes on, it knows not whither." The Southern slave owners were hated by these fanatics. This is demonstpted by the vile epithets appUed to the Southerners in their speeches, lectures, newspapers, and all kinds of liter ature. CHAPTER XXIV. THE LAW AND THE FACTS OF THE QUESTION. Did the Southern States have the right to secede from the federal Union? There are two views of this momentous ques tion. The first involves law only; the second embraces both law and facts — that is, matters in pais. The first can be de termined by the Law of Nations ; the second must be decided by the same law and the facts, or the political condition exist ing between the States in 1861. The first -view can be confined to the law as it was in 1804, when the 12tb amendment to the federal constitution was adopted, because from that date to 1861 no change in the law affecting the relations of the States was made. On the first branch of the question an extended argument is not needed, because much of tbe law has already been herein presented. Still, on account of the importance of the result to be attained, some of the law hitherto stated must be repeated. The second branch will require more space, as much of tbe history made by the Northern or Free States must be recited. When Great Britain declared each of the States — then, as now, called "United States," naming them from New Hamp shire to Georgia — "to be Sovereign, Free and Independent," all the States were confederated under an agreement called "Articles of Confederation." In and by the second Article each State declared emphatically that she was "free, sovereign and independent." The thirteen States on that understand ing proceeded to form what they named "a league of friend ship," To prove what they said, it is best to let them speak. The first article reads — "The style of this coiKederacy shall be The United States of America." Article IT. "Each State retains its sovereignty, freedom and independence, and every power, jurisdiction and right which is not by this confederation expressly delegated to the United States in Congress assembled." 180 TRUE VINDICATION OF THE SOUTH Article III. "The said States hereby severally enter into a firm league of friendship with each other for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretense whatever," There are several rules courts apply in construing aU in struments in -writing of whatever nature. One to be appUed now and throughout this discussion, is of such general use among civilized peoples that it may be ranked as one of the Laws of Nations. It is — " Contemporanea ©xpositio est op tima" — ^the understanding of the meaning of any -writing or custom of those who were contemporaneous with the ¦writing or custom is the best evidence of its meaning. Apply this irule to the Articles of Confederation. We are to assume that they meant what they said, as there is no ambiguity in any , word they wrote. What did they mean by the words "each State retains?" One can not retain what be has not. But each State retained its sovereignty, freedom and independ ence, and every power, jurisdiction and right. Here are two separate classes of attributes spoken of. The first three are sovereignty, freedom and independence, connected and united into one group by the copulative conjunction "and;" the next three, while connected by the same conjunction, are dis severed and singularized by the word "every" — every power, every jurisdiction and every right. This is not only proven by using the word "every," but is doubly proven by the sin gular verb "is," of which every power, etc., is the nomina tive. Again: "Every power," etc., "which is not by this con federation expressly" — given away? granted to?-ino! "ex pressly delegated to"— what? To the United States? Far from it,— but "to the United States in Congress assembled!" Again: In the last paragraph, before their attestation, the delegates -wrote — "Know ye, That we the undersigned delegates in the name and behalf of our respective constitu ents" * • • "and we do further solemnly pUght and engage the faith of our respective constituents." Then they signed— TRUE VINDICATION OF THE SOUTH^lSl "On the part and behalf of the State of New Hampshire;" every delegate repeating those words before the name of his State. As in a prior chapter the meaning of "delegated" was given, no words are required here to show the wide difference between it and the word "granted." Few words in English are more distinctive. A person grants by title, and the thing granted is no longer his; he delegates the exercise of power or authority that remain in him. It is true that the Articles of Confederation wef e agreed , to by the State five years before they won their independence, but when subjects revolt against their sovereign, as did tbe thirteen colonies, and they declare themselves to be free and independent, when they succeed, by the Law of Nations their freedom relates back to the date of their declaration. There fore, we must assume tbat when the Confederation was formed the people of each State believed their State was sovereign, as they declared, and that the people of each State were, from 1783, absolutely sovereign. So it appears by the plain and ex plicit language written in tbe Articles of Confederation, — First: That each State was a distinct society, known in the Law of Nations as a nation. Second: That each State, as a nation, entered into the agreement to form a Confederation. Third : That each State announced its sovereignty. Fourth: That each State expressly declared its purpose to remain as sovereign while in the Confederation as it was before becoming a member of that "league of friendship." FKth : That each State declared that it only delegated to the United States, in Congress assembled, the power to exer cise the powers, jurisdiction and right of each State named in the Articles of Confederation. Sixth : That each State emphasized its separate action by using the word "severally," and the words "each other" in the third Article. Seventh: That one of the reasons for forming the con federation was to mak§ common catise against "aU attacks upon them or any of them on account of sovereignty," ete. 182 TRUE VINDICATION OF THE SOUTH Eighth : Another reason was to resist any attack on any of them on account of reUgion. The Nationalists' contention (and by it they must stand or fall) is, that the consolidated Nation was formed by the Articles of Confederation, which was afterwards renovated and caUed tbe Constitution; tbat sovereignty was granted to the United States, which they construe to mean and to be the federal govemment. If so, ¦vrill they explain what the States or people meant by a common defense of the Confederation's "religion?" They assert that the Confederation had, and that its successor, the United States, bave sovereignty. But how about the Confederation's religion? Can they explain how a corporation can get religion — can be "converted"; what spiritual relation a corporation has with its Maker — whether the Maker be the New Jersey legislature or thirteen States, or "We, the people?" When we see the Confederation as tbe States or the peo ple of each State saw it, we can understand whose religion and whose sovereignty were to be defended. We can under stand what thirteen men all named Smith, or Hercules — each with a large family — mean when they pledge themselves "to assist each other against all the attacks made on any of them on account of bis religion. This comment on the word "re ligion" is made, because, being one of the things eaeh State was to assist any other State in defending, and being con nected directly with "sovereignty" in the same sentence, it is proof of whose sovereignty each State, or the people of each State, had in mind. The States, in Articles of Confederation, entriisted the management of their .affairs to a Congress. It was Executive, Legislative and Judiciary. Bach State sent Delegates — ^none sent less than two nor more than seven— and no delegate could serve more than three years,_ and each State could "recall" her delegates at any time within the year and send others. Article V is illuminating on the pur pose of the States as well as on what they meant by the phrase "United States." It reads: "For the more convenient management of the general interests of the United States, delegates shall be annually appointed in such manner as the Legislature of each State shaU direct, to meet in Congress." TRUE VINDICATION OF THE SOUTH 183 What possible "general interests" had or could have the United States as an organization distinct and separate from the "general interests" of each State? There were not and there can not possibly be any general interests other than those of human beings — either singly or in association. What human beings were there to constitute tbe United States? There can not possibly be sovereignty without people under it, or constituting it. Therefore, tbe "general interests" were those of the several sovereign States, and the United States in Congress assembled was nothing more than the delegates each State chose in the manner it might adopt, and whom the States could recall at wiU. The Confederation became operative March 2nd, 1781, when the first Congress met. This was two years before tbe war ended and Great Britain acknowledged each State to be sovereign, free and independent, what each State had claimed in the Articles of Confederation, to say nothing of their claim in the Declaration of Independence. The Confederation con tinued until it was superseded by the Union organized in con formity to the Constitution in 1788. It proved to be a lame and impotent conclusion. It was ill constructed. It was a botch. Independence being won, each State, being sovereign in fact and not merely in theory, or on paper, began to pay more attention to its o^wn affairs, and neglected the obliga tions of the league of friendship. Taxes were shunned; the pubUc debt was pressing ; the infidelity of some States became intolerable, and, finaUy, the statesmen and men of honor and of foresight decided tbat another confederation was neces sary in order to make sure the blessings of life, liberty and the pursuit of happiness for them and their posterity. This sketch of the Confederation brings us to what was done in pursuance of the opinions of those wise men who saw the necessity of forming what they called "a more perfect i p Union" — a phrase not very apt, as the federation was about as imperfect as any known in modem history. Still, while the phrase is not up to the standard of Lindley Murray's grammar, its deficiency in that respect makes it a most valu able and perfectly reliable witness to prove what the framers of the new govemment intended to do. Here is a declaration 184 TRUE VINDICATION OF THE SOUTH in most solemn form that Union of the States and Confedera tion of the States were employed as equivalent terms. The States were in the Confederation at the date these words— "a more perfect Urdon" — ^were written, and to form a Union more perfect was equivalent to saying "this Union is to be better than tbe Union we are in now called a confederation;" Whether the several thirteen separate and distinct societies from New Hampshire through to Georgia were each sovereign when they entered into a confederation before they achieved their independence of Great Britain, is not of so much im portance in this discussion as is the -written record that each declared itseK to be sovereign, and with that distinct under standing on the threshold, agreed to the stipulation thereafter ¦written. Further, each one declared in the same breath that it in tended to retain its sovereignty. Again, they said, each and all, that they only delegated to their common agent the exer cise of some of their sovereign powers. Finally, there is not a clause, sentence, or word in aU the Articles that is in con flict with those three declarations. Therefore, we not only have the right to assume, but we are compeUed to admit, that the Confederation was formed by thirteen sovereigns. But, K any question could be raised against that conclusion, cer tainly no doubt can be thro-wn on tbe sovereignty of each State when Great Britain released her bond of aUegiance to her and announced to the world the sovereignty of each — calling each by name. That this poUtical supremacy con tinued from 1783 to 1787, when they adopted the new Con federation under the same name of United States, no man has ever had the hardihood to question, and no statesman, if honest, could doubt. From these facts of history we find thirteen States sover eign by their own declaration in 1778 ; we find the same States declared by their former sovereign king, in 1783, to be as sovereign as he was, and we find the same States holding their sovereignty from 1783 to 1788. The next question is — did they surrender that sovereignty by forming another federa tion called a Union? This brings us to view what they said in the new agreement. While considering this question we TRUE VINDICATION OF THE SOUTH 185 must look through the agreement itself to know what the thirteen sovereigns said, and we must take with us that code of laws made by enUghtened Nations, which is not only the supreme law of mankind, but is so absolute in authority that no nation can possibly escape it. No agreement, compact, federation, or treaty made by two or more sovereigns can change, or disavow the Law of Nations. Each of the thirteen sovereign States was in a compact, with its obligations and duties, when they signed the agreement eaUed the Constitu tion. Did they cease to be sovereign by making that agree ment? As they were unquestionably sovereign before they made it, the affirmative that they lost their status as sover eign nations must be sustained by those who so assert. The contention that they did not — ^that they are to-day what they were in 1783 — ^has been presented in several prior chapters — one on State-Rights, the other on Sovereignty. CHAPTER XXV. THE QUESTION AS VIEWED IN 1787. To get a correct view of the rights of tbe States we must, first, stand in the year 1787, and look at the question as it was viewed then; and, second, we must read the Constitution as its full text was after the first ten amendments were added. In the first view we see bow the Constitution was under stood by the statesmen who framed and adopted it; and from the second we get the covenant, agreement, compact, or bar gain — (the name is immaterial) — ^that ,was entered into by the States. We then apply the law governing the judicial constmc tion of that and similar writings, and decide what the intent and purpose of its makers were when they agreed to it, and, two years after, amended it. That there were thirteen sovereign States no rational mind can question. The statesmen who acted to send deputies to Philadelphia to take counsel together and to draw up an agree ment to be submitted to the States for approval or rejection, knew that the people of each State acted for and by themselves. And the deputies so knew, because they signed the paper they agreed to as from and representing separate States. Washingtoii.; signed — ' ' George Washington, deputy from Virginia. ' ' And the others wrote first the name of the State they were from and signed their names tbereimder. When these deputies adjourned the Convention, they returned to their respective States and submitted the writing to the legislatures of the States. Bach- legislature then issued a caU to the people, the citizens and voters, of the State to select delegates to a convention, repre senting all the people of tbe States in their sovereign character and capacity, to consider and decide whether they would accept or reject the proposed Constitution. Then a Convention was held in each State, no two States acting at the same time or place, and the Constitution was ordained, ratified and adopted. We have here, so far, the history of the action of the people who framed and adopted the Constitution. We thus know what they did. We wiU next see what they said. The best evidence of what they said is in the ¦writing they signed — ^the Constitution itseK. TRUE VINDICATION OF THE SOUTH 187 After proclaiming to the world, in five lines, called the pre- ample, the objects they hoped to accomplish, the first thing said was a declaration that recognized the States — "All legislative powers herein granted shaU be vested in a Congress of the IJiuted States" — ^not in the people, not in a legislature — but in a Congress. What is the meaning of Congress ? Webster says (definition 5) : "An assembly of envoys, commissioners, depu ties, etc., particularly a meeting of sovereign princes, or of the representatives of several courts, for the purpose of arranging mternational affairs." Tbe prime and paramount object of the States in forming the federal government was to ' ' arrange inter national affairs" — things that each State acting alone could not do as well as aU acting together through a common agent. "A meeting of sovereigns for tbe purpose of arranging inter national affairs." Senators are called ambassadors from tbe States. Here is a recognition of States united, but each to act as a sovereign and to send Representatives, and each two Senators who wUl meet in a Congress to legislate for the benefit of the States, or tbe people therein. No single State or sov ereignty had ever called its legislative body a congress, but assemblages of ambassadors, envoys or other representatives of sovereigns had often been called Congresses. The next section prescribes how this Congress shall be com posed and chosen. It is composed of Representatives chosen by each State^^the number being apportioned by the number of inhabitants in each State, and of Senators chosen by the legislature of each State ; two from each State ; which number can not be increased nor diminished, nor shall any State at any time be without a Representative. "No person shall be a Representative who shall not when elected be an inhabitant of tbat State in which he shall be chosen." This is one of the most important of State rights. It rules out carpetbaggers. The third paragraph declares that the Union is not composed of "We, the people." It reads: "Representatives and direct taxes shall be apportioned among the several States which may be included within tbe Union." The Union is composed of States — as political corporations, or autonomies ; that is, as sovereigns. 188 TRUE VINDICATION OF THE SOUTH (Par. 4.) When vacancies occur in the House of Represen tatives the State fiUs the vacancy. The United States govem ment has no lot or part in getting Representatives in Congress. (Sec, 3, Par, 1,) Bach State elects its two Senators. When a vacancy occurs the Governor may fiU the vacancy imtil the legislature may elect a Senator. Here the U. S. Government has no voice. And should the legislature refuse to act, the government has no power to choose a senator. "No person shaU be a senator • * • -who sh&D. not, when elected, be an inhabitant of the State for which he shall be chosen." (Sec. 8.) "The Congress shaU have power — First. To lay and coUect Taxes, Duties, Imports, and Ex cises, to pay the debts and pro-vide for the common defense and general welfare of the United States." Here is recognition of the States, as States. "To pay debts of the .United States" means the debts of each State incurred during the seven years' war. There were no Uiuted States when the Constitution was written, and, of course, no debts of the United States. "To pay the debts and provide for the common defense and general weKare of the United States" means of the States when united. "The common defense can not be appUed to one thing, person or people. It means defense of all the States, nine or more, that may be united under this Constitution. The same construction applies to the words "general weKare." Second. "To borrow money on the credit of the United States ;" that is, on the credit of each State of the States united. "The United States" is nothing more than a Trust Corporation, a body politic, an imaginary thing, ha-ving nothing, owning nothing, and holding public lands, buildings, ships, docks, etc., as trustee for the several States. Were the people, by vo-lje of three-fourths of the States, to aboUsh the federal or confed erate govemment, the forty-eight States would come into pos session, as tenants in common, of all the general govemment now holds in trust. Third. "To provide for calling forth the mUitia to execute the laws of the Union, suppress insurrection and repel inva sions." The Union of what? Of the govemment of the United States? T|here can be no union of a single object, or thing, as TRUE VINDICATION OF THE SOUTH 189 is a government. The laws of the Union— that is, laws made by the States in Union or united. Again: "To repel invasions." A corporation — a body poUtic — can not be invaded. An invasion must be of something corporal. There must be land or water. A State owns land and can be invaded, but a government can not be invaded. The thmg founded on the Constitution is a govemment and nothing more. Article TV, Section TV, explains that this paragraph means to protect each State from invasion. Fourth. "To make aU laws which shall be necessary for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Govemment of the United States." Vested in the government; that is, vested in the government, or common agent, herein provided for by the several States united. The United States, or States united, the States that may agree to this -writing or compact, do hereby vest these powers in a government to be kno-wn as the United States. Section IX contains the inhibitions of powers to the govem ment and to the Congress. Section X denies to each or any State the exercise of certain powers, most of which the States, in a prior section had given the Congress (that is, the States acting together) the right to exercise. Article H provides exclusively for the Executive Department, First. The States hold the commanding "right" to appoint the men, or electors, who shall elect the President of the United States. Without their action there is no President, no judiciary and no government. Second. The States refuse to let a Senator or Representa tive, or any person holding any office under the government of the Uiuted States, be an elector to elect a President. Third. Should no one having a majority of the electoral vote for President, the States hold the right to elect a President, eaeh State having but one vote. In that event the smallest State is the equal of the largest and most popiUous. Rhode Island is the equal of New York. This is a very important State right. 190 TRUE VINDICATION OF THE SOUTH Article IH relates to the Judicial Department. Section 1, Par. 2. Jn a suit in which a State is a party the Supreme Court oidy can take jurisdiction. And by Article XI of the first twelve amendments to the Constitution, the States reserved the right to be exempt from suit by citizens of another State, or by citizens or subjects of any foreign State. This is a right that belongs to every sovereign. It is worthy of note that the States ratified the Constitution with a clause gi-ving federal courts jurisdiction pver a State at the suit of citizens of another State, and they withdrew that derogation of a sov ereign's right within two years. It was resumed — ^not by "We, the people," — ^but by the separate action and vote of three- fourths of the States. Article V is the most significant of aU on State rights. It provides the method for amending the Constitution. Three- fourths of the States agreeing can amend it to any extent, and Mr. Webster admitted, in the speech under review, that three- fourths of the States coiUd abolish the govemment of the United States by their votes. As soon as the govemment was organized the Congress, composed, "of course, of citizens of the thirteen States, seeing danger to the States as the Constitution then read, proposed to the States twelve amendments, which were adopted by the States at once. The first article of these amendments forbids Congress to legislate either to estabUsh a religion or to prohibit the free exercise thereof; or to abridge freedom of speech, or of the press, or the right of petition. Article H guarantees the right to bear arms. Article HI forbids quartering soldiers in people's houses. Article IV guarantees against unreasonable searches and seizures. Article V provides for indictments; against being in jeop ardy twice for the same offense; against any person's being compelled to be a -witness against himself ; or deprived of life, liberty or property -without due process of law; and against taking private property for pubUe use ¦without just compen sation. Article VI guarantees a speedy and public trial by an im partial jury; to be informed of the nature and cause of the TRUE VINDICATION OF THE SOUTH 191 accusation; to be confronted by the witnesses against him; to have compulsory process to get his witnesses, and to have a lawyer to defend him. Article VII relates to civil suits and right of trial by jury. Article VHI forbids excessive bail or fines and cruel and unusual punishments. Here are twenty-six invaluable rights and exemptions se cured to each citizen in every State, The ninth Article reads : "The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the" people." They are individual rights. Articles X and XI relate to tbe rights of States as sov ereigns. Article X. "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Never were words more aptly chosen to express with crystal clear ness what the writer intended, "Reserved to the States respec tively;" that is, to each and all States aUke — as if they were tenants in common. I have already spoken of Article XI as proof of the jealous care with which each State was guarding its sovereign attri butes, which Mr. Webster contended that the people, as one body, had so lavishly showered on their agent as to destroy their sovereignty and become dependencies or vassals. The twelfth and last amendment, as already stated, was an assertion of sovereignty that, at first thought, seems to over throw the equality of representation. It is that, wben electors faU to elect a President, the House of Representatives shall chode, and in doing so, each State shall have but one vote. This is an appUcation to our govemment by States of the principle in the laws of nations, that the least kingdom, or sovereignty, or sovereign, is the equal of the greatest. As one authority puts it — "A dwarf is as much of a man as giant; a small republic is no less a sovereign state than the most powerful kingdom." Under the twelfth Article the thirteen States agreed, and by written compact declared, that, as a State, Rhode Island is as great as New York. No higher claim of sovereignty can be made. 192 TRUE VINDICATION OF THE SOUTH During forty years preceding the war of Abolition, "State' Rights" was on the tongue of every man in public service. Two schools of constructionists |;hat arose during Washing ton's administration have been in hostile array to the present time. One has persistently straggled to enlarge the powers of the federal govemment, while tbe other has endeavored to keep the government within the bounds set for it by the letter of thfe law. At first, they were kno-wn as FederaUsts and Republicans ; next as Whigs and Democrats, and, last, as Demo crats and Republicans, The Federalists, led by Alexander Hamilton, pitched their tent on tbe soft, elastic, amorphous preamble and the "general weKare" clause. The Democrats (the first Republicans) camped on the solid, rigid, unequivo cal letter of the compact and bave never moved from that position. The Federalists, Whigs and Black Republicans (as tbe present party was caUed), endeavored, from the first ad ministration, by latitudinous construction to -wrest the lan guage of the Constitution so as to promote sectional and indi vidual gain. The Republicans (as Democrats were first caUed), and Democrats ever since, contended for strict constructioii and for no sectional or individual advantage. The one looked tn the federal government above the States; the other con sidered every State as superior to the federal government, and hence arose tbe contention for federal authority over the States by one and for State rights by tbe other. This issue, from the beginning, divided the Union into sections, and negro slavery, soon after the di-vision began, widened the breach until only two sections were spoken of- the North and the South. "State rights" was the South's special doctrine, as the expression went, and as slavery was limited then to the South, the animosity of the North to the South was so bitter that the word "State-rights" was despised j by the Northern people, because, being a Southern doctrine, it was associated -with slavery. To spCak of State-rights in Congress, or at the hustings, North, was the signal for smiles, jeers, guffaws, burlesque or ridicule. So far had self-interest (that is Protection) seduced the Northern people from the Golden Rule and blinded them to justice, and "their sacred honor," that they not only hated the Southerners, but they hated the word "State-rights," and, did not think that stealing TRUE VINDICATION OF THE SOUTH 193 a negro was theft. As greed was the second strongest of aU the Puritan's desires, he estimated the Union, or the govern ment under the Union, in doUars and cents. He soon learned that the States had no bounties to bestow and that each man had to depend on his own energy, skUl, labor and hands. And he soon saw that when Congress was legislating to raise money, it was as easy as lying to add a little more as a rider that foreign competitors would have to pay at the custom house in order to seU their wares in America. That Uttle rider would be that much cash in their pockets -without as much labor as -winking the eye. What magician, what Fairy, what ring, or lamp, has ever brought in imagination to princess, or queen, such fabulous wealth as that lying juggler. Protection, has stolen through hypocrisy and fraud from the common people of the States and stealthily sluiced into the pockets of Manufacturers? And this sluice has been running as steadUy as Time for one hundred years, and a people who boast of their courage and manhood have held up their hands to be robbed and have tamely submitted ! It is not tbe subject of a moment's wonder that the North, seventy years ago, decided to uphold the general government, and to ignore tbe States and to consider all States as merged into the United States govern ment. That master passion of the Puritans — Greed, Avarice, '"Covetousness — a passion, that for a hundred and fifty years chaUenged the wild Atlantic to combat, from New England to , Africa, for o-wnership of cargoes of negro slaves, was a solvent for any obstacle that the States might interpose betw'feen it and its real Eldorado. State rights a myth? States subordinate to their creature, the federal govemment? We have seen -written aU over the face of the Constitution what the makers thought and said of State rights, and what they thought of the government to be erected on tbe Constitution, Witb one more view of what the framers of that instrument were thinking, I shall close this presentation of State rights. The thirteen States framed the Constitution, The thirteen States organized tbe federal government. The thirteen States gave the law by which they, the States, and they only, can alter, add to, or take from that Constitution. By that law they did not invent the Congress nor all the departments of 194 TRUE VINDICATION OF THE SOUTH the federal government acting together, with power to alter, amend or even to touch the Constitution; nor was this power given to the people, as there were no people but those who were speaking and writing the words in the Constitution. Tliey provided that three-fourths of all tbe States can add to, take from or aboUsh altogether the Constitution. But it is nowhere provided by word or impUcation that the federal government can alter, add to, take from, or aboUsh the Constitution of any State. The power to aboUsh was admitted by the "Great Expounder of the Constitution'' in bis debate with Mr. Cal- hoim. And whatever Mr. Webster admitted in that debate against the position he assumed and against the interests of his constituents, against New England and against the purse of his cUents, I doubt that any statesman -wiU question or deny. Thus it is seen as clear as language can make any declaration : First, That the States, as States, created the federal govemment. Second. That the States only can alter the Constitution— the only foundation the federal government rests on. Third. Tbat the States can, at will, abolish the Constitu tion, and, ex necessitate rei, destroy the entire superstructure which is the federal govemment. Fourth. That the federal government, the creature, has no power to impair or to destroy a State govemment— its creator. FKth. That K tbe federal government had power to de stroy one State, it, a fortiori, would have power to destroy all the States. But the federal government, by destroying the States, would destroy itself, as its vitaUty and existence depend on the voluntary support of a majority of the States, It has already been sho-wn how the federal government by non action of the States, can be destroyed, and, "like the baseless fabric of a vision, leave not a rack behind." Sixth. That the federal govemment, having no powers or attributes that the States can not -withdraw, at will, is in no particiUar a sovereignty, and as a corollary it foUows : Seventh. That in creating the federal government, not one attribute of sovereignty passed from the creator to the creature. TRUE VINDICATION OF THE SOUTH lf5 Eighth. . That each of thirteen sovereigns having agreed to create a common agent for their common benefit and weKare, and each having retained aU its sovereign attributes, the agreements thus made by the laws of nations governing the action of the sovereigns was a compact. Ninth. By the Law of Nations, when a compact is entered into by several sovereigns and no time is named for its duration, the compact is terminable by any one of the sovereigns at vrill, just as tbe law regulating co-partnerships permits a partner to withdraw. If, however, injury be done to tbe other party, or parties, to tbe compact, by the withdrawal or seces sion, the party seceding is bound to make ample and full reparation. This right of -withdrawal is an inaUenable attribute of sovereignty. Tenth. It foUows from the foregoing premises that the Southern Sovereign States, on seceding from the Union made by the compact in 1787, only put into execution a power in herent to and inseparable from sovereignty. CHAPTER XXVI. SECESSION A CONCRETE AS WELL AS AN ABSTRACT RIGHT. I have discussed the questions of State-rights; of the sov ereignty of each of the States ; of the total lack of sovereignty in the federal govemment; and of the inaUenable right of a sovereign — ^whether a man, a nation or a repubUc — to with draw from a compact formed with other sovereigns, but under the obUgation imposed by the laws of nations to make reparation to the co-compactors for any loss to them that the ¦withdrawal may cause. This obligation flows from the duty of every sovereign to do justice to every nation and every indi vidual, Tbe last view was presented to show the unquestion able right of the Southern States to secede from the compact of 1787, -with the obUgation on them to make reparation to the States remaining in the Union for any loss they may have sustained. The abstract right to secede being established, I purpose in this chapter to show, a fortiori, their right in the concrete, tbat is to say, their abstract right to secede not only justified, but made a duty by the injustice and the remedUess wrongs done the South by the Northern people and by the Northern States. To those who were not acquainted -with the people who made up the States of the American Union, but who knew that tbe colonies. North and South, were from England, and that both made loud professions of Christian brotherhood and love of liberty, the spectacle they beheld in the States in the year 1861 must have shaken their faith in the rule of democracy, and have sunk the Christian reUgion to the level of Mohammedanism. As to those who knew that the colonists in New England were fanatics on reUgion, were avaricious to the degree of making slaves of what they call their feUo-wmen and their equals to get money, were erael to their o-wn race to the extent of taking life on difference of opinion on metaphysical ques- TRUE VINDICATION OF THE SOUTH 197 tions, had stocked the Southern colonies with negro slaves, and were m 1861 invading the Southern States to free the negro slaves they "had sold to the South without offering to pay back a dollar of the price they had received, — ^the dead on the bat tlefield, the fiames licking to ashes homes two centuries old, and the flight of the women and children by night, must have convinced them that the invaders, as they were not aU lunatics, were mo^ving under an impulse more powerful than any known reUgion, idealism, idol worship, or common hatred. The power of "Mammon led them on — Mammon, the least erected spirit that fell From Heaven ; for even in Heaven bis looks and thoughts Were always downward bent, admiring more The riches of Heaven's pavement, trodden gold. Than aught divine, or holy, else enjoyed In vision beatific," Those who had studied the course of the Puritans in England — ^more vagrant than that of the wandering Ulysses; as turbulent as the traitorous Catiline, and as much more pesti lent as things spiritual are above things secular — a few zealots striving to force on England a religion they did not wholly embrace, and which had no better deflnition than hostility to aU other reUgions ; those who kept step with them after they got command in Massachusetts Bay; who saw their imitation of and improvement on Bishop Laud's methods of persecution and punishment ; the hanging of men and women not for heresy but for nonconformity; their fleets of slave ships plying be tween Massachusetts, Rhtode Island, Connecticut and Africa- ballasted -with rum going, freighted to the gunwales with negro slaves coming; who watched the violation of their plighted faith and oaths to support the Constitution; who saw them by deUberate legislation nullify the fugitive slave laws of Con gress; who -witnessed the operation of the underground railroad loaded -with property stolen from Southerners; who saw Abraham Lincoln seek anxiously the Presidency at the hands of a mob whose avowed purpose to free the slaves Lincoln knew and had known for many years, and who heard him proclaimed elected in November, 1860 — ^those disinterested 198 TRUE VINDICATION OF THE SOUTH spectators would have justly denounced the men of the South as cowards and degenerates, if they bad not seceded. Mr. Webster submitted four propositions in reply to Cal houn which he contended to be the law of the Constitution* The first and second I have already discussed. The fourth bears directly on the question I am now considering, and is as follows : "That an attempt by a State to abrogate, annul or nulUfy an act of Congress, or to arrest its operation -within her limits on the ground that in her opinion such law is unconstitutional, is a direct usurpation of the just powers of the general govem ment and of the equal rights of other States ; a plain -violation of the Constitution and a proceeding essentiaUy revolutionary in its character and tendency." "I thank thee, Jew, for teaching me that word!" A quo tation worn from use, but a bit too palpable, here, to be overlooked. 11 this master of words, by prophetic vision had seen what the legislatures of eleven Northern States did after that speech, by passing acts expressly to nullify the act of Congress called the "Fugitive Slave Law", his language, just quoted, is the very best he could have employed to define the "revolutionary character" of the legislation of those States. The Constitution has this clause; Art. IV, Sec. 2, Par. 3. "No person held to Service, or Labour, in one State, imder the Laws thereof, escaping into another, shall, in consequence of any Law or Regulation therein, be discharged from such Service and Labour, but shall be delivered up on claim of the party to whom such Service or Labour shall be due." It has never been doubted, by la-wyers and Judges, but has been denied by Northern negro-thieves, that the "persons held to service" means only fugitive negro slaves. Eleven Northern States "attempted to abrogate, annul and nuUKy two Acts of Con gress, and to arrest their operation -within the limits of eaeh of those eleven States," and that, as Mr. Webster truly said, was "a plain violation of the Constitution, and a proceeding essentially revolutionary." If the attempt to nuUify a tariff law be revolutionary the attempt to nulUfy a Statute of Congress requiring deUvery of an ovmer's slave on demand, is revolu tionary. The latter case is much stronger than the former) TRUE VINDICATION OF THE SOUTH 199 because the Constitution provides in express words for the o^wner to have his slave, whereas, there is not a wprd in the Constitution about the tariff, or protection, or fostering one industry at the expense of aU others. While it is the law that Congress can raise revenue by levying imposts, it is undeniable that Congress cannot lawfully lay imposts so heavy as to oppress A to benefit B. Where the limit of its power to levy that tax lies, is the debatable ground. South Carolina believed Congress had gone beyond that limit, and that her reserved right to interfere was, therefore, lawful. To say her constitutional right to interfere is not the correct phrase. The right to the Presidency after due election; the right to a U. S. judgeship after nomination by the President and legal confirmation by the Senate; the right to draw one's salary as an ambassador, congressman, or consul, is a constitu tional right. These offices are created by the agreement of the 13 States that is evidenced by that -written document. But when we speak of State-rights we are speaking of the rights of ' a Sovereign. They do not arise from nor are they dependent on the Constitution, or any other agency, Power, Sovereign, or Sovereignty on earth. They are in no sense derivative, except that the State springs fuU-fledged from the united heads, -wills and hearts of the people, who breathe into it the breath of life. At that moment the State is a Sovereign, -with power to do any act she or the people that represent her may decide to do, pro vided the act shall not in&inge on the rights or interests of any other Sovereign. When the people of Massachusetts met in convention to ratify the Constitution, they could have resolved and passed an order, or decree to hang John Adams, and all the Powers on earth could not, rightfully, have prevented the hanging. Yea, more, when Daniel Webster deUvered that grand speech on the Constitution and the Union in the Senate, March 7th, 1850, the people of Massachusetts, instead of mob bing him and tearing him to pieces, could, after adjournment of Congress, have elected delegates to a State convention, and those delegates, after organization, could by ordinance have repealed the the State Constitution, and then by vote could have ordered the Sergeant-at-Arms to arrest Daniel Webster and to hang him from Faneuil Hall, and no power on earth 200 TRUE VINDICATION OF THE SOUTH could have lawfuUy interfered to prevent the hanging. Those who for a century have believed the govemment of the United States to be omnipotent, or, at least, the Sovereign Ruler of each and all the States, wUl say that it, the supreme power, could send the army into Massachusetts to save the victim, or could, through the judicial department, by habeas corpus, command the sergeant-at-arms to bring the body of Daniel Webster at once before the Court, and then by judgment declaring his arrest and detention Ulegal, discharge him from further custody. Had Virginia, in solemn convention, ordered that George Washington should be hanged, or burnt aUve, no other Power could lawfully have prevented the execution of that order. The civilized nations of Europe for centuries have been hor rified by the massacre of Christians by that embodiment of tyranny, the brutal Sultan, and have strained against that irrefragable chain — ^the law of Nations that bound them — ^to get their hands around his throat, but they could npt reach hiin. He was hedged about by the divinity that protects every sovereign, and his own sweet wiU could not be thwarted so long as he acted within his own acknowledged borders. It is an easy pr'oblem — ^if problem at aU — ^to apply the fore going undeniable law of nations to the State of South Caroliaa in 1830 and to the Southern States in 1861, They aU were sovereigns in 1787 when they agreed to the Constitution, This opinion, as I understand the relation between the States and the federal government, and the sovereign powers of each State, is not based on the law of the Constitution, but on the law of nations. The federal judiciary has no original jurisdic tion over the criminal procedure of a State, or of crime not committed on soil within the exclusive jurisdiction of the United States, as in forts, arsenals, Ughthouses, mints, custom houses and the Uke, In the Constitution as adopted by the lune States there is no power delegated by the States that enables any depai^ment of the federal govemment to arrest the supposed;; action of Massachusetts. The powers conferred on the Judi ciary Article HI, Sec. 2, are exclusively civU. If Mr. Webster were arrested, except for treason, felony or breach of the peace, during a session of Congress, or going to or returning TRUE VINDICATION OF THE SOUTH 201 from Congress, the writ of habeas corpus from a federal court would run. Hence, I said above, "after adjournment of Congress," * Of the first ten amendments to the Constitution only two, ' the fifth and sixth, speak of criminal cases or trials. The only reference to criminal law or procedure in the original Constitu tion relates to trial by impeachment which is strictly a Federal provision and is not a proceeding by judges and juries, or by judges ordy. The House prosecutes and the Senate sits as a court, presided over by the Chief Justice, At first blush, tbe fifth and sixth amendments seem to lay some inhibition on Massachusetts in the case supposed, and I proceed now to consider them. We must not forget that the question involves primarily tbe Law of Nations, and that that law grows out of and is based exclusively on sovereignty. We must look at the State of Massachusetts as she stood before and at the time she voted to enter tbe Union. She was clothed, humanly speaking and in relation to other powers, vrith omnipo tence as to limitations within her own territorial jurisdiction. I speak of omnipotence not as unlimited as to ability for execu tion, but as unrestrained vritbin her borders by any possible human control. She was as untrainmeled as tbe Thirty Tyrants, or Turkey, or any one of the twelve Caesars, For what she did Ul civU or criminal procedure at home she was responsible to no one, to no Power on earth. Her only responsibility for any act was to the Ruler of tbe Universe. Vattel in the Preliminaries to his treatise, page 59 says: "Nations being free and independent, though the conduct of one of themi be iUegal and condemnable by tbe laws of conscience, the others are bound to acquiesce in it when it does not infringe upon their perfect rights. The liberty of that nation would not remain entire if the others were to arrogate to themselves the right of inspecting and regulating her actions; an assumption on their part tbat wotdd be contrary to the law of Nations, which declares every nation free and independent of all the others," CHAPTER XXVn. THE RIGHT WAY TO DETERMINE THE QUESTION. The ruling vice of Mr. Webster's arguments with Hayne and Calhoun was his dishonesty of both head and heart, I have shown where his heart was. It was -with New England, ibis mother; with his brothers and sisters for whom the Tariff for Protection was distilling fatness, and its offspring, power; and it was vrith and bound to the "Committee of Forty" who had bought him, I leave that view as presented, because it does not reach the question of the "good or evil to the Constitution of the country he might do" by his speech, January 26th, 1830, A man may be dishonest and, yet, reason Uke an angel. He may be honest and reason like a fool. Mr. Webster was a master of logic, and his fault in this debate was in the position he chose. There is a tiresome quantity of verbiage in both speeches, to one who is searching for the thread of arguments on which it is strung. This is one of the arts of a sophist or a demagogue. He seeks to "darken counsel by words without wisdom," As I understand this question it is not necessary to do more than to state what it was and still is, and then to dissect Mr, Webster's treatment. The questions were (1) : Does the Constitution prohibit a State, or ten or forty States to nuUify an Act of Congress by preventing its operation within its or their border? (2) : Does the Constitution prohibit a State, or ten or forty States, to secede from the Union with or without cause to be decided by its, or their, citizens? The Constitution being silent, the question' had to be deter mined as other legal documents, as the meaning of contracts and statutes, for example, must be found. The Constitution was a legal document. The Senate was sitting as a Court to ascertain its meaning on a vital question on whieh not a sen tence, or word, in its entire compass shed a ray of light. It wiU be of great assistance to know how a Court of learned Judges, of a State Supreme Court or of the United States Supreme TRUE VINDICATION OF THE SOUTH 203 Court, would have proceeded in an endeavor — ^honest, of course, — ^to decide either question that the Senate had under consider ation. The first act of the Court would be to read the Constitu tion to find out what it had to say. If they found it silent, they would resort to its preamble for some intimation that migbi; assist them. If they should find none, they would again read the body of the Conslitution to see if they could possibly find if any part might by intendment or dubious meaning throw any light on the intention of the makers. If they should find every article, section, sentence and word clear, distinct, unequivocal, with but one possible meaning, they would next and as a last resort, look at the parties to the contract and all their surround ings and circumstances to ascertain what they intended to do before they signed the paper. This would be on the hypothesis that aU the signers were of age, were of sound mind, and acting from free -wiU. If the Court knew that the parties to the con tract were free and independent sovereigns, they would adopt another line of thought. They would lay aside municipal law and take up the laws that govern Nations, States, and all other Sovereigns. And it is just at this point in his investigation that Daniel Webster, the Judge, balked, halted and turned away. He saw that if he entered upon that ground he would be in the enemy's line, where his weapon would not be as effective as a wooden lath, and that he would have to surrender. Before taking up the line of argument tbe Court would have followed when scaiming tbe text of the Constitution, and the Law of Nations by which the Court would have decided the question, I will submit a few remarks on the two main grounds on which Mr. Webster relied. The first was, that "We, the peo ple of the United States, framed and adopted the Constitution," When he took that position he knew that be was doing what no court would listen to. He was overriding a cardinal rule for construing statutes and all legal documents tbat begin with a preamble, or other introductory writing. The rule is that a preamble can not be used to construe a statute or writing un less there is ambiguity in the body of the paper. There is no ambiguity in that instrument. It is as clear, plain and explicit as the Decalogue, or the Sermon on the Mount, excepting always that India rubber phrase, "the general welfare," which reminds 204 TRUE VINDICATION OF THE SOUTH a lawyer of the donee who was promised as much land as' an ox hide could cover^ and who cut the bide around from border to center in an unbroken string and claimed ' ' acres of land. ' ' His resort to tbe preamble was to dodge "the States" that the Con stitution bristled vrith. He was trying to keep out of the way where stood confronting him "The Laws of Nations." If the people en masse, made tbe Constitution, the Law of Nations would not apply, because that would bave been the act of one nation. If each State as a sovereign acted separately, he would be forced to accept the gage of battle thrown at him by Calhoun, and fight it out on tbe ground of sovereignty. The question was, is there any part of the Constitution between the States that impairs the right of a sovereign to withdraw. He endeavored to shift the issue by contending tbat the States did not make the compact, but that all the people within the States, acting as one body, made it. For this reason be had to build his argument on the preamble. Further on I shaU take up the question thus made by Mr. Webster. I -will now consider his contention that "the people settled the question for all time." Tn strictness of polemics, a construction of tbe Constitution was not tbe question before the Senate, or rather was not in volved in the discussion. Tbe real issue turned solely on the Law of Nations. The Constitution was as silent as the grave on nullification and secession, and the discussion was along the line of prohibition, or non-prohibition of both. The issue was then and is now; — When several sovereigns make a compact, contract, con vention, or agreement (call it as you please) to do certain acts through an agent, and no time for its duration is fixed, can one or more of the sovereigns vrithdraw or secede at wUl? This, as I conceive, is the whole question. It must be borne in mind that matters of justice and eqiuty between the parties are not involved in the question. The Laws of Nations pro-ride for that contingency. It is one of power and privilege that are inherent to sovereignty, and immutable and indestmctible. For when one power is lost or destroyed, sovereignty is destroyed. Sovereignty is a unit, a perfect, globe, and can not be diminished. Diminution is destruction. CHAPTER xxvm. SOVEREIGNTY AND THE LAW OF NATIONS. Did the thirteen States, each a sovereign, intend to destroy their sovereignty when they agreed to unite and exercise jointly through a common agent a few of their sovereign powers ? And whether they so intended or not, did they, in reality, destroy their sovereignty when they adopted the Constitution? Just this is the place and time to quote a few pertinent paragraphs and sentences from "The Law of Nations." I select Vattel, a ¦writer weU accredited. It wiU aid in forming the right conclu sions, to submit a few reflections between the various sections and paragraphs of Vattel 's book. Besides it is better to con sider the nature of our federal government, as it seems to be in the North the generaUssimo of the Union — in other words, a nation over aU the States. This view or beUef pervades that section. "A nation or State," says Vattel, "is a society composed o± men who have uiuted, forming one body politic, for mutual safety and advantage. It is based on the laws, rights, powers and privileges that every man has in a state of nature. One of the laws of nature is perfect freedom and independence to do as he may •wUl, but with the restriction to accord to all other men the same rights, powers and privUeges, and not to interfere with them." Again, Page 3, Chapter 1st. "Several sovereigns and inde pendent States may unite themselves by a perpetual confeder acy, without ceasing to be, each individually, a perfect State. They wiU together constitute a republic; their joint deliberations will not impair the sovereignty of each member, though they may, in certain respects, put some restraint on tbe exercise of it (sovereignty), in virtue of voluntary engage ments. A person does not cease to be free and independent, when he is obliged to fulfill engagements which he has volun tarily contracted." 206 TRUE VINDICATION OF THE SOUTH Let it be borne in mind that each of the States, acting sep arately, was governed, externally, by no law but the law of Nations ; that wben they united they were still sovereigns and that as such they were still governed by the laws of Nations, except so far as by agreement (the Constitution) they had voluntarily restrained themselves from the exercise of a few powers of a sovereign, and had delegated that right to a com mon agent to be uspd by it "for their mutual safety and advantage." By the law of Nations just quoted, we know that the States after the union remained sovereign. Without refer ring to the Constitution we know that they, being sovereign, were still vested ¦with all rights, powers, privileges, et cetera, that constitute sovereignty. But it is contended that when the States delegated to Congress certain powers they divested themselves of those powers, and that Congress received them as an unconditional grant in perpetuity. To that contention there are several answers — each one complete. First : Sovereignty can only be held by human beings acting together as a community. It can not exist in a thing, in a paper document, or in machinery called a government. If the States, each acting alone, attempted to grant their sovereign power to declare war, levy taxes, or any other power, there was no man, or State, or nation, free and independent, that could take title to the thing they intended to grant. The Constitution, a paper, ; could not take the grant. The government, which is nothing more than the vrill of sovereignty in action, could not take it. The men who were to operate the govemment could not take it, because they were not known — ^they were in fieri. A grant must vest in some human being, instanter, and a grant of a sov ereign power must vest in a sovereign, as only a sovereign can hold and exercise sovereign powers. It may be said that, before , the reign of the virgin Queen, Kings of England often granted ^ monopoUes to favorites and that they thus granted a sovereign right to subjects. The Kings did not give away a sovereign right. Vattel says they could not do it, as the Law of Nations forbids it. They gave the privilege to exercise a right inherent to the crown, but a privUege defeasible at vriU or on the death of the King. TRUE VINDICATION OF THE SOUTH 207 Second: Vattel, Page 30, states another law of Nations or States to be this: "Every true sovereignty is, in its own nature, unalienable," Every State before the Union was a true sovereignty. The existence of a true sovereignty stripped of any powers that, by the Law of Nations, belong to a sovereign, is a paradox. It is to say ten are ten after five are deducted. Third : As hitherto said, the people in the States—the citi zens of each State, were the only people in the States before and after they united. There were no people of the United States, And as already shown in a prior chapter, there were no human beings (who are necessary to sovereignty) to take even one attribute of sovereignty. Hence, the thirteen separate peoples, when they acted in union in adopting the Constitution, could not, even K they so intended, grant, or divest themselves of any of their sovereign powers. If they made the attempt, they were trying to destroy their own sovereignty ; they were trying to give away sovereign powers to a nonexistent thing ; they were giving away, as a man would give who takes a dollar from his right-hand pocket and puts it in tbe left-band pocket, A man, in a state of nature, possessed of all sovereign powers, can not donate them, or any one of them, to himself. So, the sovereign thirteen States could not grant to themselves that of which they, by the law of Nations, following the law of nature, were already possessed. Fourth : We have so far discussed the question only in the Ught of the Law of Nations. Vattel says that Law is immutable. A thing immutable is unchangeable and indestructible. We vrill now endeavor to ascertain whether the Federal Constitu tion — the only base the federal govemment stands on, the only bond between tbe sovereign States, contains any Article, Sec tion, Paragraph, Line or Word that is an attempt to change "the immutable law of Nations." In other words, does it witness that each sovereign State attempted to cut itself in twain— to give away about half of its sovereign powers, rights, privileges, etc., and to leave itseK a political and national torso, ¦without tbe power to make war to preserve its existence, or if fight it must, to fight like heroic Widrington, "on his stumps" after he lost his legs. This power to declare war is selected, first, because it is the most important sovereign power for self- 208 TRUE VINDICATION OF THE SOUTH preservation, and, second, because it is the power that Lincoln assumed to be a constitutional right, and used it to destroy the Southern Confederacy. If we can find this sovereign power was not granted by the States to the federal govemment we arrive at two inevitable conclusions, each more terrible than the monsters Sin and Death, that Satan met guarding the gate of Hell. The first is that Abraham Lincoln ¦violated the Constitu tion and his oath when, as Commander-in-Chief, he at the head of seventy-five thousand armed men, invaded the borders of a sovereign State — ^Virginia; and, second, that not the federal government, but the twenty-four sovereign States of the North combined — ^not by right given by the Law of Nations, not by right given by the Constitution, but by right of the "Higher Law" by which every outlaw commits arson, murder and rape — and, with millions of citizens ordered out by the States, in vaded the borders of eleven Southern sovereign States, and by vastly superior numbers and metal, in violation of the Law of Nations, forced them back into the Union. What will be said of the power "to declare" (which includes the power to make and to prosecute) "War," applies vrith equal force to every other power given to each of the three Depart ments named in the Constitution. Under the head "State Rights" an analysis of the Constitution was made. Therefore, I shall but briefly review here what the States said of the power to declare war. They said "the Congress shaU bave power to declare war" and that the President shall be Commander-in-Chief of the army and na^vy." But they said the Congress shall not give him money to carry on war for a period longer than two years. Is there any sovereignty given to a man who, when at war, must stop dead still, like grandfather's clock, unless the Congress shall vote; for his use more money? And this severely over Northern (but not Southern) sovereign States, must account for every dollar thus voted to him, not as a sovereign, but only as commander, of tbe army and navy. Is that sovereignty? But he is not permitted to handle a dollar of tbe money voted for war. The money goes into the treasury. He can't touch it. His subordinate, the Secretary of the Treasury, keeps it and pays it out under fixed rules. Wben tbe war is over this Northern TRUE VINDICATION OF THE SOUTH 209 sovereign can not make a treaty with the enemy — ^nor, indeed, a treaty with any sovereign at peace witb the States acting together under their agreement, or contract, or compact caUed the Constitution. Tbe people of tbe several States have sent some servants tb Washington — called by the Constitution Sena tors — ^to make treaties for them. And the sovereign States have told those Senators that their masters will not be bound by any treaty unless two-thirds of them approve it. Is that the language of servants to their sovereign ? The President, the States ' head servant, but the people's sovereign up North, is authorized to act as clerk and write down the proposed terms for a treaty, and he must then band the paper to their other servants, two- thirds of whom are authorized to say "Yes" and if a majority, or one less than two-thirds say "No," the head servant's paper goes to the waste basket or pigeon hole as a curio for future reference. The President, the States' head servant, can not appoint one ambassador, one judge, one consul, and many other officers with out saying to the States' Senators — "by your leave. Sirs !" And, should he be reasonably suspected of treason, bribery, or other high crimes, and even of misdemeanors, tbe States, acting through their servants in the House of Representatives, can accuse and arraign him, and those other servants — ^the States' senators — can try and punish. him. At the North this head servant is a sovereign, or, at least, is vested by tbe States' with sovereign powers. But the North says Congress can declare war, and as the war power is one of the attributes of sovereignty, therefore this power makes Congress, pro tanto, a sovereign body. Well it seems that just here, I have struck a snag, because I am com pelled to admit that Vattel's definition of a nation, State, or sovereign, in its letter, fits Congress "joust like de paper on de vail." He says "Nations, or States, are bodies politic, societies of men united together for the purpose of promoting their mutual safety and advantage by the joint efforts of thdr combined strength." That definition seems to cover — "You tickle me and I'U tickle you"— "You scratch my back, and I'U scratch your back" — "You vote for my bill to help re-elect me, and I'U do the same for you." "Let's aU by the joint efforts of our combined strength hoist our salary from $5,000.00 up to 210 TRUE VINDICATION OF THE SOUTH $7,500.00 and vote $1,500.00 apiece for clerks."— "Help me roll my log, and I'll help you roll your log." — "You help me to get money to clean out 'Suffrage' branch and I'll vote for your rotten pension biUs." Sic Transit pecuniae populi! While this fits Congress as a whole, it does not fit all Congressmen. There are some clean men in that body. The Congress can declare war and vote money to carry it on. Monarchs collect the money, go to war and keep at it so long as they will. That is sovereign power. But Congress can not do that. The States make the Congress. They elect both branches. EVery two years they dismiss all members of one branch and one third of tbe other. If the States disapprove of a war they can notify those servants to stop it. If they do not obey, the States, on a given day, can caU them up and cut off their official heads and send others at once to a called session of Congress, ordered to stop the war, and they will stop it. This is the law promulgated by thirteen sovereigns in their compact made in 1787, and was tbe law under which they agreed to live together ; was the law when in 1861, twenty-two sovereign Northern States made war on eleven sovereign Southern States, and it is the law today. Where is any sovereignty, imder that law, to be found in the President, or in Congress, or in the federal judiciary? Again, waiving for the moment tbe fact that the federal govemment was not a pre-existing nation, or State, capable of course of recei-ving and holding a grant by another sovereign of any of his or its powers, and assuming as true that the thirteen States granted, or tried to grant, some of their sovereign powers and rights to the federal government, then, the imporant ques tion is, in whom did those granted powers vest ? Take the power to declare war. Is it vested in Congress? If so, vrith this and more than forty other powers (Art. 7, Section VIII), Congress has more attributes of sovereignty than aU the States have. A sovereign power is fixed, permanent. Vattel says it is inalien able even by a monarch vrithout the consent of his subjects. On the 4th of March every second year Congress expires. It is politically dead. True, successors bave been elected by the States the year before, but they are not Congressmen in presenti. They are not qualified to declare war, nor to exercise any other "of the many powers of Congress. They are only heirs expectant TRUE VINDICATION OF THE SOUTH 311 —members elect. Their only power is to draw their salary monthly, a privUege not granted by the Constitution, but by themselves. There is no Congress for nine months. In order to be a Congress they must assemble and be sworn. This point I have raised in another chapter, but it is very pertinent here. As "sovereignty is immutable " so must be that which is an attri bute of sovereignty, as, for instance, the power to wage war. If lost by grant to another sovereign, it can not be taken back. It is lost to the grantor forever. Therefore, if Congress by sovereign grant took the power to wage war, tbe States lost it. When Congress dies by law what becomes of all its alleged sov ereign powers? Where are they during the nine months of interval? Did they issue from tbe dead sovereigns, and, like fairy elves, keep midnight revels through dismal corridors, awaiting the next crop of States' senrants to glide into their trousers, or perch on their pates, and thus make them sovereign ? If not, where did they rest, or dwell? Sovereign powers do not Ue around loose. They have a local habitation, and are immortal. But the thirteen States did more to show th© world tbat they understood the Law of Nations, and their determination to hold every power, right and privilege of a nation. They, as a last word, declared that they were appointing an agent and nothing more to act for them for "the purpose of promoting their mutual safety and advantage." ,They considered the agreement that bound them together as only tentative. This view was held by Alexander Hamilton even after the Union was formed. It might not be the blessing they sought. It might be advisable to add to, or to take from it. The Union was an untried experiment without precedent. Looking ahead, therefore, as their last decla ration they announced — "When we wish to make a change, three- fourths of us wUl meet and make sucb changes by taking from, or adding to, as we desire." Under tbat reserved power three- fourths of the States can take from Congress the power to declare war, and to levy taxes, and to compel ninety men to support one man in idleness, who spends the money they must hand over to him, in royal feasts for monkeys and dogs, in foreign lands, and importing anarchists, memlbers of the Mafia and Black Hand, to break every strike, to buy legislators and con- 212 TRUE VINDICATION OF THE SOUTH gressmen — more degraded than negro slaves; to keep up the despotism vrith face of friend and heart of fiend and caressing vrith the lips while' robbing vrith the hands — ^that masquerades under the name of Protection. We have seen from the foregoing what is the relation, the status in law, of the States to the govemment they created. We must now consider what is their relation to each other under their written bond of union. Vattel says: "It is essential to every civil society, that each member bave resigned a part of his right to the body of the society, and that there exist in it an authority capable of commanding all tbe members, of giving them laws, and of compelling those who should refuse to obey. Nothing of this kind can be conceived or supposed to subsist between nations. .Each sovereign State claims, and actually possesses, an absolute independence of all tbe others. They are all, according to Monsieur Wolf himself, "to be considered as so many individuals who live together in a state of nature, and who acknowledge no other laws but those of nature, or her Great Author." I suspend the discussion, for a moment, to submit a pertinent reflection. The absolute independence of a State — its possession of im mutable powers and rights, as complete as one man would have were he the only human being on the earth — can not possibly be too strongly stressed. This will not be denied even by frivol ous readers who know the dangerous and deadly ¦views — Pleading to monarchy and despotism — ^that are entertained vrith comfort and delight by people in the Northern States, especiaUy in New England, To prove this assertion it is only necessary to quote a statement by John Fiske, philosopher, scholar, professor of history, and able vsriter. He was bom at Hartford, 1842, edu cated at Harvard University ; graduated 1863, at 21 years ; was professor of history at Harvard — delivered lectures on American history in Boston — repeated them in London and Edinburgh — wrote fourteen books and many essays, and died much too late, m 1901. I give this extended sketch to show his bulk in New England as teacher, historian and scholar. He received his education whUe the twenty-two sovereign 'Northern States, and not the federal govemment, as he was taught, were shooting to death TRUE VINDICATION OF THE SOUTH 213 the Southern Confederacy, composed of eleven sovereign States. We must, therefore, believe he wrote, and taught as American history and as the Law of Nations, what be was taught at Har vard and what he absorbed as he rubbed against statesmen of New England, of whom Henry Cabot Lodge is a select sample. Mr. Fiske says: "The State, while it does not possess such attributes of sovereignty as were, by our federal constitution, granted to the United States, does, nevertheless, possess many very important and essential characteristics of a sovereign body." Here we are comforted by the assurance of a New England philosopher and scholar that, although each American State — like a yoimg buck, who, just of age, rich and strong, and sowing wUd oats, squanders nearly all of his fortune — ^was such a fool as to give away the most valuable of its powers, it still had enough left, like the old woman vrith her whiskey, "to worry along vrith." This teaching is more direful than an act of treason. The hanging of a traitor produces a quieting effect on the public pulse, and queUs seditious tendency in others. But here is a seditionary bearing tbe seal and imprimatur of Harvard Univer sity, journeying, vrithout stop, through the Union; accredited bj high repute as a fit personage for entree to cultured circles and, when received, he sows in tbe mind of age and youth ^eed that vriU bear the fruits of usurpation, then plutocratic rule, foUowed by despotism. He is like the Puritan emissaries who, sent with Bibles for sale, gained through them hospitable recep tion from the masters, and then, imder cover of night, sought the slaves and poured into tbe porches of their ears the bebenon of sedition, insurrection and assassination. No youth from the South or West should be sent to Harvard, or Yale, or any New England school wbere such destructive political heresy is taught. No Southem library sboiUd give space to this sapper and miner of sovereignty of the States. Southem youth can do far better in Southem colleges and universities wbere the head, like Fiske 's federal government, is supreme, than at Harvard or Yale, where the feet, arms and legs are in the lead, and the head plays second fiddle, or kettle drum ,and the graduate returns with more Yale locks in his trousers than of "Locke's Understand ing" in his head. CHAPTER XXIX. THE HUMAN LAW OF HIGHEST AUTHORITY. There has long prevailed a gross misconception of what the makers of tbat compact meant by saying "the Constitution, and laws made in pursuance thereof, and treaties, shaU be the ^preme law of the land." They are of higher control than even the Constitutions of the States, and, for tbat reason only, the impression has been general that every citizen of every State owes allegiance to the Constitution, the laws made by Congress, and treaties. This misapprehension arises from con founding allegiance to a sovereign with obedience to law. The two are as different as cause differs from effect. The citizen, or subject, must obey the laws. But there are gradations of law in this country. They rise like stair-steps. There is the law of custom, the canon law, the civil law, the common law, the statute law, organic or constitutional law, the law of treaties and the law of Nations, In order to insure domestic tranquil ity, that is, harmony between the States, our vrise forbears declared that those three classes of laws should have higher authority than any State laws. This was the sole purpose of that second paragraph in Article VI. Without it, there would have been "confusion worse confounded" among the States, It is simply the arbiter appointed, or umpire, between the States. But, even they are not the highest law. They are but con ventional law, law by agreement of the States — ^the parties to the convention. They affect no one else — ^no other Power, or people. They are entirely domestic — a family arrangement. But, above that law, and above and controlling the States is the law of highest authority known to the human race. It is the Law of Nations, A new born nation does not have to agree to it. There is no initiation — ^no baptism. As soon as it breathes, this law becomes its vestment for life. This law is like the circumam bient air. No nation can escape from it — ^no nation can Uve without it. It has been estabUshed by the greatest and ¦wisest men of all the earth since Justice, Mercy, Honor and Truth have been recognized among civilized men as the true, the right and TRUE VINDICATION OF THE SOUTH 215 the only safe rule of actidii among nations. It has its organic law, and imder that it has a code of laws. Its organic law is to estabUsh justice, insure tranquility, provide for the common defense, to promote the general welfare, and to secure the blessings of -liberty to all citizens and subjects. One of its fundamental laws is protection of the citizens or subjects by the sovereign power, and, in retum, allegiance from the citizens and subjects to the protecting sovereign Power, A mutual duty is thus established that neither the Sovereign, nor the citizens, or subjects, can violate. They may wander Uke nomads to the ends of the earth, and that chain, always lengthening as they wander, is never broken. From the desert sands, from the wUds of the jungle, from the isles of aU the seas, the subject of a sovereign may call on him for protection, and not call in vain. And the sovereign, if in danger from foreign foes, can demand Ms retum, and he must obey. Because officers of the army and the navy are educated for and in the art of war at West Point and Annapolis, without cost to themselves, they are impressed with the idea that they and their services belong to the federal government at all times and under aU conditions. Some of them seem to think that the federal govemment owns the money that is spent for their education. They seem not to know that the people of tbe States supply all the money to conduct these miUtary schools; that they are educated by the States for their protection; that the federal govemment is nothing but the financial agent of the States, and, in its own right, owns nothing. Hence, some of those officers conceived that their allegiance was due to the federal government. They seemed to believe that the govern ment was and is a sovereign nation. They seem not to under stand that sovereignty is in each State, and that the Constitution is but an agreement by thirteen sovereigns to erect a govern ment to represent them in their relations to other sovereigns, and to conduct their inter-State relations. Hence, when the division of the States occurred in 1861, some of the officers in the arhiy and navy believed their allegiance was due to the federal government as a Nation over and controlling all the States, A greater, more grievous and ruinous error was never made. ai6 TRUE VINDICATION QF THE SOUTH . Historians, pubUcists and statesmen •w'iU look for higher authority on this question of Sovereignty and AUegiance than the opinion of the Sewards with their "Higher Law", the Garrisons with their damnation of the Constitution, and of Lincoln and the fanatics who elected and followed him in his insane invasion of the South, his suspension of the writ of babea's corpus and proclamation of martial law throughout the Northern States, his arrest and imprisonment of Northern editors, legislators, diplomats, a U. S, Senator, and forty thou sand other peaceable citizens, his suppression by the miUtary of freedom of speech and of the press, and his control of the ballot-box in eight or more Northern States to secure his second term as President, The Nationalists ignore the Laws of Nations, but the Laws of Nations vrill not be ignored. The Nationalists sprang from a race of fanatics — the Puritans — ^whose code from 1637, when they in convention at Salem, Massachusetts, established their Procrustean religion, to this hour, was and is to override every obstacle that might conflict with their two controUing passions — Religious Fanaticism and Avarice, Hence, in their view of State Rights, Sovereignty and Allegiance, there is nothing vrithin their horizon but the Constitution, and in that they can see nothing but petty communities called States, all under the sovereign dominion of a great consolidated Nation caUed "The United States", With triumphant tone they read : "This Constitution and the laws of the United States which shall be made in pursuance thereof ; and all Treaties made, or which shall be made under the authority of the United States^ shall be the supreme law of the land," No one since the Con stitution was agreed to has ever questioned the validity and the wisdom of that clause, and tbe supremacy of the three classes of laws therein named — ^the Constitution, the laws pf Congress that do not violate it, and treaties with foreign nations. The thirteen States agreed to that clause, and it would be idiotic in them and in any State since admitted into the Union to say it is not law superior to all State laws. But that clause has no possible bearing on State Rights, State Sovereignty and AUe giance. That clause is indispensable. Two of the six purposes named in the preamble, that induced the Staines to form a Union, TRUE VINDICATION OF THE SOUTH 217 to-wit; "to establish justice and insure domestic tranquility", could not possibly have been effected without an agreement that, in cases of conflict between statutes of thirteen States and judi cial decisions of their courts, there should be a controlling authority. Hence, they agreed that the Constitution, and the laws of their Congress, and treaties their common agent might make for them with foreign nations, should be tbe supreme law. "The laws of the United States" mentioned in that clause are nothing more than Acts of Congress, The word "laws" has a distinct, technical meaning. In a republic it means enactments by a legislative body. A Constitution or a treaty, while being law, is not classed among "laws," The first Article and first Section of the Constitution demonstrates that "the United States," in that clause establishing tbe supreme law, is synony mous -with Congress, It reads: "All legislative powers herein granted shall be vested in a Congress of the United States, which shaU consist of a Senate and a House of Representatives. ' ' The President can not make a law. The federal courts can not legislate, that is — ^lawfully. And the United States, which are the States United, can not legislate, nor give judicial judgments, nor execute tbe laws. But the Nationalists assume tbat tbe States are entirely subordinate to the federal government, because they agreed that "the Constitution and the lawful statutes of the United States (that is, of Congress) and treaties shaU be the supreme law of tbe land." There never was a more glaring non sequitur. The agreement to make one civil law of more authority than another has no bearing on the question of sovereignty and allegiance. Men do not owe allegiance to the law they make. The people who make tbe law are above it — can unmake it at pleasure. But tbe people — a State, for instance —who make it, in their social aggregation, are the sovereign, and to that aggregated body each citizen owes allegiance. It is simply nonsense to speak of allegiance to a law. There is another hypothesis which is a test of the sincerity of the Nationalists and of their AUegiance. The Puritans, dur ing fifty years before the Southern States seceded, made ¦frequent threats to secede, that their supersensitive consciences aught be rid of the sin their sainted PUgrim Fathers saddled on the South— that "twin sister of barbarism"— slavery. Even as 218 TRUE VINDICATION OF THE SOUTH late as two years before they started out on their Holy Crusade to kUl the Southern barbarians, and to give the down-trodden, manacled, fettered and starved negroes freedom and social equality with themselves, a convention of these religious fanat ics was held in Worcester, Massachusetts. They adopted ten Resolutions, which are printed in the appendix hereto. Two of their Resolutions will suffice at this point : "Resolved, That this movement does not seek merely dis union, but the more perfect union of the free States by the expulsion of the slave States from the confederation in which they have ever been an element of discord, danger and disgrace. "Resolved, That the sooner the separation takes place, the more peaceful it will be ; but that peace or war is a secondary consideration in view of our present perils. Slavery must be conquered, peaceably if we can, forcibly if we must." One Resolution reads that the "meeting was attended by men of various parties and affinities." The hypothesis is this : Suppose that these repeated ^hreats to secede had been carried into effect, and the twenty-two free States had seceded and formed another confederation, leaving the Southem States in and as the Union, to which would the citizens of Massachusetts, for instance, have owed their aUegiance ? What would Wendell PhilUps, Garrison, Emerson, J. Russell Lowell, Charles Sumner, Henry Wilson, (Vice-Presi dent under Grant) and that troop of parlor warriors and shouters of "Rebels, Rebellion, Traitors and Treason," have done? Would they have clung to the Union, or stood by the new "confederation?" Would they have taken up arms to drive Massachusetts back into the Union? Suppose those seceded States had chosen their "Higher Law" genius, WiUiam H. Seward of New York, to be President, would those immacu late patriots have sung "Hang BiU Seward on a sour-apple tree?" Would any one of these foul-mouthed denouncers of every Southem man as a rebel and traitor, have left Massa chusetts to fight for the old Union? If the President and Congress of the old Union had sent ships and blockaded the entire coast of New England, would they have saluted the old flag of the United States as their own? Would each, ¦with the mock fldelity of Lincoln in his first Inaugural, have exclaimed TRUE VINDICATION OF THE SOUTH 219 "I have sworn to support the Constitution and the laws, and my allegiance is to it. I owe no allegiance to Massachusetts?" Any one who might have put these questions to these maUgnant haters of tbe South and her people would have received such answer that he would have thought he was ' ' struck with Heaven's afflicting thunder and besought the deep of Hell to shelter him," Tf secession by the slave States made their citizens rebels and traitors, secession by the free States would have made their citizens rebels and traitors. The cry of "Rebel," "RurbeUyion," "Tur-raitor," "Tur-reason," was the most despicable and infamous attempt to stigmatize and to fix odimn on a patriotic, honorable and innocent people. It was an unveUed, a naked shame ; it was organized hypocrisy ; it was impotent maUgnaney ; it was cunning knavery ; it was malicious conspiracy; and, far worse than these, it was the devilish device of avaricious fathers to decoy hundreds of thousands of inno cent and ignorant boys into the fiery furnace of battle under the delusion that fhey were fighting rebels to save the Union, instead of dying to gratKy the ambition of an insane infidel to be known in history as the ' ' Great Emancipator. ' ' A summing up ¦will now be made of the foregoing discussion of the law of Sovereignty, Allegiance and Citizenship, The reader is requested again to remember that the law that deter mines these questions is to be found between the year 1783, when Great Britain acknowledged the sovereignty, freedom and independence of the thirteen States, each by its name, and the year 1804 when the twelfth amendment to the Constitu tion was made; because the law as it was between those two dates underwent no change before the Southem States seceded. The three negro amendments made after the war of 1861-5 have no possible bearing on the questions herein considered. The grovri;h of this country, the increase of States from thirteen to forty-eight, the acquisition of territory, from that of Louisiana to Alaska and Panama, the multiplication of vast industries, the interlacing and entanglement of private interests crossing State lines, and the palpable encroachments and usurpations by the three departments of the federal govemment, do not affect, in the least, the law in force— to-^wit, the Law of Nations and the Constitution in 1804 and 1861. With this precaution a resume will now be given. 220 TRUE VINDICATION OF THE SOUTH FIRST: Each State was sovereign, free and independent in 1783, SECOND: Each State in 1787, acting separately, sent delegates to Philadelphia to endeavor to frame an instrument in -vri-iting that would be the basis for a union. THIRD : The delegates agreed on what was and is caUed The Constitution. FOURTH: Each State, by a convention that represented the sovereignty of the State, discussed the entire instrument, and agreed or disagreed to it. FIFTH : Before the States entered the Union there were no people within the territory of the thirteen States but the citi zens of each Sate, and the citizens of each State owed allegiance to it and to it only. SIXTH: When nine States agreed to the Constitution it became a compact between them. SEVENTH: Four States were not bound, and remained, each, sovereign, free and independent, and were, therefore, members of the famUy of sovereign Nations, as the nine were before they constituted the Uiuon. EIGHTH: The other four States, before 1790, became members of the Union. NINTH: The govemment organized in 1787 on and in conformity to the Constitution was then caUed "The Federsil Govemment." TENTH: The federal govemment is only the instrumen tality by and through which "the United States," ,as caUed in the Constitution, do and can act, and the words "United States" mean nothing more than the States united, and acting through the federal govemment. ELEVENTH : AU powers delegated to the federal govem ment were derived from and delegated by the thirteen States. TWELFTH : The words—' ' the powers hereby delegated to the United States," mean nothing more than delegation of the right to exercise those powers untU three-fourths of the States shaU vrithdraw their assent to their exercise by the Federal Government, as is proven by the withdrawal from the federal judiciary of the right to "have jurisdiction in a suit against a State by a citizen of another State, and by citizens or subjects of a foreign State." TRUE VINDICATION OF THE SOUTH 221 THIRTEENTH: The resumption of that immunity from suit was the act of thirteen sovereigns and the exercise of sovereign power. FOURTEENTH: That action was the assertion of a right that belongs to a sovereign only, that is, immunity from suit by any one — ^whether citizen, subject, or any other sovereign. FIFTEENTH: The compact, or Constitution, in every fea ture of it proves tbat the States did not intend to part -with even one of their respective sovereign powers, rights, privileges, or immunities. They provided in that instrument for their abso lute creation, constant renewal, and control of the federal government — a. by reserving the power to elect Representatives to Congress; and by Umiting their tenure of office to two years; b. by reserving the power to elect Senators to Congress ; and by limiting their tenure of office to six years ; c. by reserving the power to elect the President of the United States ; and limiting bis term to four years ; d. by reserving tbe power to refuse to prosecute war against any foreign Power; e. hy reseirving control over the mUitia of each State; f. by reserving power to impeach through their Repre sentatives the President and all other civU officers of the United States ; g. by holding in their own hands tbe right to change by a three-fourths' vote the compact — ^by adding to, taking from, or abolishing it altogether ; h. by refusing to give the President control of their citizens as mUitia, except by authority of the Gov ernors of the States. SIXTEENTH : State Sovereignty is asserted in the twelfth amendment by establishing the equality of States in choosing a President by the House of Representatives, in the event the States' electors fail to name one — each State having one vote; thus acknowledging the equality of Rhode Island — ^the least — with Virginia — ^the greatest, SEVENTEENTH: State Sovereignty is again asserted in Article V by giving to the smallest State an equal voice vrith the largest State in voting to amend the Constitution, 222 TRUE VINDICATION OF THE SOUTH EIGHTEENTH: Sovereignty being immutable, inaUenable and indivisible, the States could not grant to any society, nation, or other sovereign, any part of their powers without self- destruction as sovereigns ; a half sovereignty being impossible. NINETEENTH: As sovereignty is impossible vrithout a society, or aggregation of moral beings under it, and as there were no moral beings in the territory that included the States, except those vrithin the boundaries of each State, it was impos sible for the States to grant away any sovereign power. TWENTIETH : The only human or moral beings who could possibly claim a grant by the States of any sovereign powers were the men who compose the tripartite federal govemment, but they were not in existence to receive a grant; and when elected they were citizens of the several States, to which they owed allegiance, and could not hold any rights adverse to their own sovereigns, TWENTY-FIRST : A grant of sovereign power is in per petuity and can not be recovered without assent of the sovereign who takes it. But the powers held by the federal govemment can be taken at the will of three-fourths of the States. TWENTY-SECOND: The federal government is nothmg more than a fiduciary trustee for the States. When it levies taxes they are expended for the benefit of the States. When Congress makes war it is to protect, or to benefit, the States. Wben the States acquire territory the government holds it in trust for the benefit of the States, and the States foot the bUl. When it builds post-offices, court-houses, war-ships, forts, it controls them for the benefit of the States. TWENTY-THIRD : Sovereignty and Allegiance are coeval, reciprocal and inseparable. As there can not be two co-existent sovereignties over the same citizens, or subjects, so these same citizens, or subjects, can not owe aUegiance to two sovereigns at tbe same time. And as the States existed before they formed the Union, the citizens of each State owe aUegiance to their State. ' TWENTY-FOURTH: As there was no organized society called a nation, except each of the thirteen States, there could be no other allegiance by the citizens than to their respective States. TRUE VINDICATION OF THE SOUTH 223 TWENTY-FIFTH: As no power can be exercised by any branch of the federal govemment but those expressly named, the power delegated to Congress to declare war is confined to war with a foreign power, and, therefore, it can not declare or wage war on a State, or States. TWENTY-SIXTH: As "Treason against the United States consists only in levying war against them, or in adhering to their enemies, giving them aid and comfort," the beUigerent action must be against aU the States imited, as defined by the pronouns "them" and "their." Therefore, in a war between twenty-six States arrayed against ten States, there could be no treason committed "against the United States," or aU the States in the Union. TWENTY-SEVENTH: If secession did not carry the Southem States out of the Union, then the federal govemment had no right or power to make war on them, and the war waged by the twenty-two States a.gainst them, ipso facto dissolved the Union, because, by the Law of Nations war terminates all con tracts, agreements, compacts and treaties made by the nations at war. TWENTY-EIGHTH: Tf the Southern States, by secession, were out of the Union, then the twenty-two States, being each a sovereign Power, could, by the law of might, combine and wage war against them, just as the powers of Europe combined against France in 1814, But, as already said, the right or justice of the war made on the Southem States is another and wholly different question, TWENTY-NINTH: As citizenship can not be vrithout aUe- gianCe, and as aUegiance is due to sovereignty ; and as there was no sovereignty vrithin the boundary of the United States except that of each State, it foUows, as the night the day, that every citizen of any one pf the Confederate States who joined the Northern army and fought against them, was a traitor. The logic of this conclusion can not be evaded. Whether that man was a private in the ranks, or wore epaulettes and stars on his blue uniform, whether he commanded a regiment, a brigade, a corps, or an army, or was lord of the quarter-deck, or Rear Admiral, his status as a renegade and a traitor vrill be his por tion as long as his name shall be remembered. 224 TRUE VINDICATION OF THE SOUTH As already said in a preceding chapter, there were no traitors in the Northern army but those men who, owing aUegiance by citizenship to some one of the Confederate States, turned their guns against their State that had, by the Law of Nations, the right to their support and defense. If allegiance to the United States were possible, it would be impossible to the States disimited. CHAPTER XXX. THE AUTHOR'S POSITION TESTED AND SUSTAINED BY HYPO THETICAL CASES. We vriU now apply another test of sovereignty of the States. Suppose that between 1783 and 1788, through the Puritan's pernicious intermeddling, a war had occurred between Massa chusetts and New York. Could the other States have interfered? If so, by what law or right? Could tbe Congress under the Con federation have mustered troops and have marched against tke belUgerents? Woiild not that have been war waged by the Congress on a State? There was no President, like Lincoln, to decide when and how he would make war. Senator Reverdy Johnson, of Maryland, in the debate quoted from heretofore, told the Republicans that their idea of the federal government having power to make war on a State is an absurdity. Even Lincoln denied that power and tried to save himself by insisting he was oiUy trying to suppress an insurrection. This was under the Constitution. A fortiori, the Congress under the Confedera tion could not wage war against a State. Both instruments forbid a State "to engage in war unless actuaUy invaded, or in such imminent danger as vrill not admit of delay. ' ' Says Vattel, "Public war is that which takes place between nations or sov ereigns, and which is carried on in the name of the public power, and by its order." The inhibition on a State to engage in war was laid to prevent it from embroUing the other States in a war. Hence, the power to make war is delegated to the Congress only — ^that is, is delegated to the common agent or 'representative of aU the States. 'Under the Confederation, even Congress could not declare war "unless nine States assent to the same." Taking the strongest position that any Nationalist can ask, to-wit: that the Confederation was in fuU force over the States before the Constitution was adopted; the question is, could the 'Congress or any other power under the Confederation have 226 TRUE VINDICATION OF THE SOUTH raised a finger to interfere between New York and Massachusetts engaged in war? WiU any Nationalist have the eff outcry to say that the supposed war was "an insurrection?" Insurrection is resistance against the authority of a so^frereign,vwhether a king, a republic, or other form of a nation. Could that war be in resistance of the lavvs of the Conf ederatiPn ? Can not the Nationalists see the application of the supposed war between Massachusetts and New York? Do they not see proof of sov ereignty of the States during the Confederation? There is no man so blind and dangerous to society as he who can but vriU not see. We will suppose, again, that just before tbe war of 1861, Kentucky, aroused to the pitch of offensive war against Ohio because ber people were stealing Kentucky's slaves, had raised an army and had invaded Ohio and war had ensued. Could the federal government have interfered ? If so, under what delegated power? The war would not have been an insurrection, or a rebel lion. To define war between two nations as "domestic violence" would be ridiculously absurd. The President could not have attacked both, or either, under his authority "to enforce the laws." They would not have ¦violated or resisted any law passed by Congress. The President's power is given in tbe fol lowing language: "He (the President) shall take care that the laws be f aithf uUy executed. ' ' This is, obviously, confined to the Acts passed by Congress and to decisions of tbe federal judi ciary. It has no reference to tbe Constitution. Every part of it is la^w— ¦y^, "the Constitution, and the laws of the United States which shaU be made in pursuance thereof, and aU treaties, are the Supreme law of the land." The Constitution is organic law. It is only the charter that gives authority to act. It is in no particular seK-acting or self-executing, Tbe President has pnly two powers be can exercise ¦without some legislative aid or direction. They are the power to convene Congress and to adjourn it in case of disagreement. Even his power to fiU vacan cies during a recess of the Senate is dependent on co-operation of the Senate in making the appointments that become vacant. The President has no army or navy, no mUitia, vrithout an Act of Congress. He has no power "to execute the laws of the Union, suppress insurrections, and repel invasions" without a TRUE VINDICATION OF THE SOUTH 227 prior Act of Congress. He can not call forth tbe militia for any one of those three purposes until Congress shall "provide for caUing them forth. ' ' Judge Story, vrith bis zeal to belittle the States and magnify the Nation he places over them, finds Executive powers in the oath the President must take. His imagination is so wild and his speech so despotic, we quote his words: "The duty imposed upon him, to take care that the laws shall be faithfully executed, follows out the strong injunction of his oath of office that he wiU preserve, protect and defend the Constitution." And after quoting the oath be moralizes (Par. 1558) : "It is a suitable pledge of bis fidelity and responsibility to his country; and creates upon his conscience a deep sense of duty, by an appeal at once in the presence of God and man to the most sacred and solemn sanctions which can operate upon the human mind." The quotation about the oath is not given as pertinent to the question of war between two States. But as it comes on the question of Executiye powers, and as Story linked the oath with one of the President's powers, it is given for the reader to reflect on Story's moralizing on "conscience," "duty," "the presence of God, ' ' who was et cetera, and, then, on the probable effect of that oath on a man, an infidel from his youth to bis death ; who went to church to mock the preacher and his. teaching ; who scoffed at the Bible tbat be kissed when be took tbat oath; who said Christ was a bastard ("Ulegitimate child") ; who was, at times, insane ; whose friends concealed deadly weapons from him to prevent suicide; who was always afflicted with the form of insanity caUed "melancholia;" who said in his inaugural "there can be no conflict vrithout you yourselves being tbe aggressor;" who refused to convene Congress, and, in April, in violation of the Constitution and bis oath, invaded Virginia with 75,000 armed men! We return to tbe supposed war between Kentucky and Ohio. In reply it might be said that Section X of Article I of the Constitution that reads — "No State, ¦without tbe consent of Con gress, shall keep troops, or ships of war, in time of peace, or engage in war unless actually invaded, or in such imminent danger as vriU not admit of delay," gives authority for federal control of the two States — ^Kentucky and Ohio. That clause is 228 TRUE VINDICATION OF THE SOUTH an inhibition on the States — ^imposed by themselves, and confers no power on the federal govemment. Let us treat its appUca- bility to the supposed war. Suppose that a State should keep troops in time of peace, how coiUd the President enforce that law — which is only organic — against tbe State ? Who shaU decide that the State is keeping troops? Tbe troops would be citizens of the State. Tbe Constitution says : "A well regulated miUtia being necessary to the security of a free State, the right of the people to keep and bear arms shaU not be infringed." Every State is supposed to have "a well regulated militia." And they keep and bear arms in time of peace. So that the second amend ment to the Constitution practicaUy supersedes the clause first quoted above. But that clause forbids a State to " engage in war ' '. That is, with a foreign Power, As it is clear that tbe first clause gives no power to the President to intervene with miUtary force between Kentucky and Ohio, under what clause in the Consti tution could be intervene ? There is a large school of Imperial ists in the Eastern States who, agreeing with John Fiske, compare the relation of the States to the National Govemment, to the relation of counties to a State, It is difficult to under- sand through what kind of glasses they look. Should two coun ties engage in hostilities, the Governor, who is commander-in- chief of the State miUtia, could order out his troops and arrest the belUgerents, The county lines would not be a lawful barrier in his march. The State establishes the counties as anciUary departments of the civil government. The State, through its legislature can abolish any county, create new counties, or abolish aU counties, " But what can the federal government do to the States, or tP any State ? It has bo more authority over a State than it has ovpr a star, or over any foreign Power, except to exercise certain powers that pertain to its own autonomy; as, for instance, the authority to alter in specified particulars the regulations made by the States for holdmg elections of Senators and Representatives, Even in the case of domestic violence within a State the federal govemment has no authority to interfere unless "on application of the legislature or of the executive of the State," And the federal government, even in this contingency, can not respond to the requesit of the Governor "unless the legislature of the State can not be convened." TRUE VINDICATION OF THE SOUTH 229 The States when adopting tbe Constitution put that inhi bition on each State — ^not to engage in war with a foreign Power— because they had delegated the exercise of the war- power to Congress. The framers of that instrument did not imagine that any two or more States would ever wage war inter sese. Hence, nothing was said on the subject. Nor did they say that the federal govemment could not make war on & State. But the reason for sUence in the latter case is found in the very fact of their silence, because the federal govemment has only delegated powers expressly named, whereas the States had and have aU powers of a sovereign, except those expressly delegated. It was not only wholly unnecessary but it would have been absurd to say the exercise of this or that power is not hereby delegated, after saying "the powers hereby not dele gated are reserved to tbe States." Expressio unius est exclusio alterius. It may be said that the sovereignty of the State as main tained above in the iUustration of a war between Kentucky and Ohio, proves more than the writer is willing to admit. That is to say, K two States can wage war against each other, then it must follow tbat twenty-two States can make war on eleven States — as was the case in 1861-5, Yes — that is the inevitable, logical conclusion from the premises. The position herein assumed is that each of the States was as sovereign in 1783 as was Great Britain; that as sovereigns they made the compact caUed the Constitution in 1788 ; that they delegated the exercise of certain sovereign powers possessed by each to a common agent for the attainment of particular benefits named in general terms in the preamble to their agreement, and then in plain un mistakable words specified what their agent could and should do —and tbat it could not and should not do anything not expressly named. This position assumes also that the States remained, each and aU, as completely sovereign after the Union was formed as they were when Great Britam signed the treaty in 1783, It must be borne in mind that the admission here made is confined to the question of sovereignty. The hypothetical war between Kentucky and Ohio rests on the assumption of sovereignty, as does also tbe concession that the twenty-two States had the power to make war on the eleven Southern States^ just as they as sovereigns 230 TRUE VINDICATION OF THE SOUTH had the power to make war on any sovereign. The justice of that war is an entirely different question, and it Ues altogether outside of the abstract question of sovereignty of the State, As the Northern free States waged war on the slave States during four years, they can not escape the conclusion here presented. If they were not sovereign, by what authority^ or law, or right, did they begin and prosecute that war? They dodge the question and the logical conclusion by sasring the federal government and not they, began and prosecuted the war. There are two answers to that evasion. The first is that the federal govemment has no power to make war on a Statfe This is BO plain that no statesman has ever denied it, or has ever asserted that power. The second answer is, the allegation is false. When Lincoln decided to invade Virginia, did he move with the army of regulars then under his command? No! He appealed to the Governors of the Northern States to organize their State militia — ^to appoint aU regimental officers — and to forward the regiments to Washington to be enUsted imder his command. Lincoln had no authority to order out 75,000 men to invade the Confederate States! Whence did they come! From the twenty-six States. Who ordered them to take up arms against the ten Southem States ? The Governors of the twenty- six States. Who were those 75,000 men? They were citizens of the twenty-six Northern States. Who armed and clothed and fed these 75,000 men? Tbe federal govemment? That gove;mment had no title to anything. It was then and is now only a trustee for the States, It ovsmed no money — ^np clothes — no arms. But as trustee for the benefit of the people of the United States it held money and with it bought clothing and arms and ammunition. Who supplied this money? It was levied of the people. Yes, but what people? The people of the Northern States, of course, because there were no other people in or of the Union. Had these people of the States no voice in the disposition of that money? After the money passed from their hands into the federal treasury did they lose control of it? Did the federal government acquire an indefeasible title to it— to do with it as the President might decide? If tbe federal government were sovereign then Congress might make a bonfire of it and no one coiUd raise a voice to object. TRUE VINDICATION OF THE SOUTH 281 We vriU take one State as an illustration. For what one State did, the other twenty-one Northern States did. When Lincoln eaUed on Andrew, Governor of Massachusetts, for her quota of the 75,000, he had the right under the Constitution to refuse. Lincoln had no jurisdiction over him, nor over Massa chusetts. The Governor of that State refused the Uke request of President Madison in 1812 to furnish troops. Was that Gov ernor in rebeUion against Madison, or the federal government? Could he have been arrested and tried as a rebel, or a traitor? Could he have been deposed and another Governor installed who would comply -with Madison's request? If so, by whom? Where is the law for such a procedure? Could he have been impeached? If so, under what law? But Governor Andrew responded to Lincoln -with s^wift delight. Who were tbe men Andrew ordered to organize for Lincoln to command in his invasion of the Southem States? Who were the men Andrew commissioned as Colonels, Majors, Captains and Lieutenants, and rushed to Lincoln ? Were they some of the drops in that great indistinguishable sea of mortals in America whom Webster called "the people?" Were they not aU citizens and inhabitants — and voters, K of age — ^ia and of Massachusetts? Did they not go as such citizens ? If not, why when enlisted were they designated as long as they served, as the First, Sec ond, Third, PKtieth, Ninetieth Massachusetts regiment? If those men sent by Governor Andrew were called up by him from the vasty deep of the sek of American people why were not the regiments after enlistment simply numbered as are the Regulars in the United States Army? They were not ordere(^ into service by Lincoln. They were called for by Lincoln, and ordered out by authority of the State of Massachusetts, and, hence, they went as Massachusetts' troops in regiments bearing her name. Is any more needed to prove that Massachusetts, as a State, ¦^aged war on the Southem States ? Is it necessary to show that what Massachusetts did the other twenty-one Northern States did ? The only difference between the supposed war made by Ken tucky on Ohio, and the war the twenty-tvvo States waged against the eleven Confederate States, is that the twenty-two used Lincoln to command the State troops and Congress to vote the money. This is just what the States ordained in and by the 232 TRUE VINDICATION OF THE SOUTH Constitution should be the course pursued when war might occur between tbe United States and any foreign Power. And the power delegated to Congress to declare war was for the protec tion of the States and for no other purpose. The man who contends that Congress has the right to make war on a State, assumes that the framers of the Constitution, and all who voted to adopt it, were fit subjects for a lunatic asylum. We ¦wiU suppose another state of facts which may throw some light on State sovereignty from a different angle. We vrill take a war between the United States and the allied Powers of Europe caused by the Panama canal — a war not only possible but probable. The Nationalists would write of this as a war between "The Sovereign Federal Government and the aUied Powers of Europe, ' ' If they did not, then they should make a funeral pyre of all the bombastic glorification they have deluged the world with about Southem Traitors, Rebels, RebelUon, In surrection and Conspiracy, because they would thereby admit that the war of Abolition was between tbe free and the slave States, But would the Sovereign Federal Government be the belligerent fighting the Allied Powers? Should the States sit still, who would do the fighting? Where are the Sovereign Federal Government's militia? Every Sovereign has absolute authority over his subjects. He can make war at vrill and order his subjects to the field. Can the President do that? Can Congress ? Should Congress enact that all men between certain ages should be enrolled, and the President should caU on the Governors for the men, and the Governors should refuse — what then? Who could or would enforce that Act? Suppose the people in New England, who bave alacrity for opposing war that interferes ¦with trade, were to meet in convention and declare against the war, and resolve not 'to enUst, could the President invade the States and force their citizens to serve? It may be said in reply that Congress has the exclusive power to declare war against any foreign power, and that it has power, also, "to make aU laws which shall be necessary for carrying into execution that power,'' Very true; but those "necessary and proper laws" can only be "made" to prosecute war against a foreign Sovereign Power. This power "to declare war" being one that is inherent to sovereignty, therefore it is claimed by the Nationalists that the States have "granted" their sever- TRUE VINDICATION OF THE SOUTH 233 sign power to Congress to be used at will as all sovereigns have the right to exercise it. Let us test this assumption. Suppose that Congress should declare war against Mexico, or Great Britain, and the people in the States having a bare majority of the Congress were opposed to war, could they not stop it? If they could, what becomes of the vaunted, boastful claim of the sov ereignty of Congress? That they could arrest the war no one can deny who knows enough of the Constitutoin to understand who elect members of Congress, At the first election the people could send Congressmen instructed to put a stop to the war, not only by statute or resolution, but to refuse to vote a dollar for its further prosecution. They could even repeal, instanter, the law making appropriation to begin the war. This being unde niably trae, where does the sovereign power pertaining to war abide ? Is it not in the States ? Does not this demonstrate that the war power is "delegated" and not "granted" to Congress? But this is not aU the States could do. Three-fourths of them could not only stop the war but they could amend the Constitution by depriving Congress of the power to declare war. They could go further and abolish the federal govemment, and each State would then resume — not its sovereignty—but the fuU and free exercise of the few sovereign powers it had, for its own benefit, entrusted to a common agent — ^the Congress. The power to enact a law cairies with it the power to amend it. The power to amend necessarily impUes the power to add to, or to take from, the law. Furthermore, the power to make a con tract, or compact, or treaty, carries with it the power to change the terms of such agreement, and, also, to rescind it. Here comes up again Webster's refuge when he attempted to escape Calhoun's catapult of logic, to-wit: "We, the people, and not the separate people in and of the thirteen States, adopted the Constitution," As already said in a preceding chapter, the doctrines of State Rights and of State sovereignty are so cog nate, it is almost impossible to present reasons for one that do not apply to the other. Webster's position on "We, the peo- „ple," has been reviewed under "State Rights," but several other views will be given under the head of "State Sovereignty, ' ' 234 TRUE VINDICATION OF THE SOUTH Suppose it were true that "We, tbe people" — i, e., the entire citizenry of tbe thirteen States, -without regard to State lines or State aUegiance, made tbe compact called the Constitution. Would it not follow logically and legally that tbe people who made the comlpact bave the right and power to change it, to amend it, to rescind it? In that case, under the established rule that governs democracy, would not a bare majority of the qualified voters be sufficient to alter, or to abrogate their own agreement? But "We, the people," under their agreement, can not do either. They can not change the dot of an i, or the cross on the letter t. If "We, tbe people/' made tbat agreement is it not the strangest abnegation of power in the history of gov ernments and of compacts and of contracts, tbat the makers of the agreement then said, in substance, "We are done vrith this busi ness — although we made the agreement exclusively for our own advantage and benefit — and we tie our hands forever, whether come weal or woe to us, and turn the whole business over to unkno-wn, unborn managers who alone shaU decide what is best for us and our children. ' ' If the contention of Webster and his followers be correct, that is what "We, the people," did and said. For stupidity, assininity, self-immolation, infanticide of miUions pf their o-wn offspring, insane confidence, can the annals of the world — outside of lunatic asylums — ^produce a parallel? Yes, "We, tbe people," after they bad made this compact, tumed their lives, their fortunes, their liberty, their happiness, their future and their cbUdreii's over to the keeping of three-fourths of the States. But that is not the worst. They said that three-fourths of the States can amend, alter, add to or take from this agreement. Why did they not say, three-fourths — or two-thirds, or a majority of the entire people ? Why did they say ' ' States. ' ' As they say the sovereign people made the contract, or compact, why did they select as their trustee a lot of corporations that have no higher rank, no more dignity and no more power among the Powers of the world than ' ' counties or cities" bave ? Why select an assembly of imbecUes called States, who had just granted away irrevocably to an agent tbe power to protect themselves from bemg gored to death by John BuU or any other buU? They not only did not say a majority of the entire people should alone have the power to amiend, but they said— marVelous tp relate— TRUE VINDICATION OF THE SOUTH 2BS that a minority of the people could exercise that power. If "We, the people," made the Constitution, isn't it a still worse display of assininity by them to reverse tbe one great principle of democracy that the majority must rale, and to establish tbe rule by a minority of the people ? — ^not only rule by a minority, but that minority of the people to have power to change the form of govemment. That they did this is as easUy demonstrated as that two and two make four. CHAPTER XXXI. WHAT THE FEDERAL GOVERNMENT WAS AND IS. Sovereignty cannot abide in anything inanimate. It belongs exclusively to moral beings — ^to a man, or a society of men. The government of the United States is not a man, nor men. It is nothing more than tbe combined powers of the States in action through their delegates to perform certain duties pre scribed in the Constitution, The govemment of the United States is no more than government by the States united — ^that is, acting conjointly. Every act done by any one of the three federal departments is the act of aU the States operating ¦ together. Let us test the truth of these propositions. To do this, we -vrill take the first federal administration of Washington. He was a private citizen of the State of Virginia. Each of the thirteen States held a separate election. They chose electors. The electors of each State voted for Washington to be President, At tbe same time the same voters who elected the electors voted for members of the legislature of the separate States. The legis latures then and there elected, in turn elected two senators to represent each State. These Senators and Representative ,; passed an act to create a federal judiciary. Washington then nominated certain men to be Judges, and the Senators confirmed his appointees. The federal government then became operative. If any sovereignty was vested at that time it was not in the government, for the reason already stated that an inanimate thing — as a corporation — cannot take or bold a sovereign power, right, or immunity. The federal government was and is nothing more than a corporation created by the States. But as there can not be a government of men except it be a government by men, or a man, the Nationalists are driven to the alternative that the alleged sovereignty abides in the men who operate the federal govemment. There are several sufficient answers to that contention. The sovereignty of a State is not TRUE VINDICATION OF THE SOUTH 237 in the Constitution, nor is it in its three departments — the exec utive, legislative, and judiciary. The sovereignty is in tbe ' people of the State. They are sovereign without a Constitution or an organized government. It is for them to decide bow they shall be governed. When the thirteen States elected Washing ton President, if they had parted with any part of their sover eign power by adopting the Constitution, it was vested in the man and not in bis office. If Washington took any sovereign power where did it go wben his term of office expired ? Tf the Congressmen took any sovereign powers what became of them on the 4th of March when Congress died by limitation ? Before that limitation took effect the people of every State had exer cised their sovereign power to dismiss these servants and either to renew their commissions, or to give them to other servants. In whom did these powers vest until the first Monday of the foUowing December? A congressman-elect is not a congress man. He must be vitalized by an oath and by taking his seat. Again: It is an axiom in the Law of Nations that sover eignty is "inalienable, immutable and indivisible." Therefore, jf Washington, and Congress and the Judiciary, by virtue of their offices became invested -with sovereign powers, they took aU the sovereignty the people had who invested them. Tf they did not take all, then all sovereignty remained in the States. But this Law of Nations is denied by Nationalists. T|iey say the States retained certain sovereign powers and gave certain sovereign powers to the federal government. Indeed, as we have seen herein, one New England stebolar tells us that the Constitution divided tbe sovereignty of the States and granted the Uon's share to the federal govertiment. This revelation is made by John Fiske. It is worthy of repetition at this moment : "The State, while it does not possess such attributes of sover eignty as were by our federal Constitution granted to the United States, does, nevertheless, possess many very important and essential characteristics of a sovereign body." "The Constitution granted attributes of sovereignty to the United States." In gentle consideration for New England's leaming, let us strip this deformed metonymy of its swaddling and cover it from pubUc view, and then dress it in plain but presentable style. This statesman certainly did not intend that his "figure of speech" should smother his bantling. Dropping 238 TRUE VINDICATION OF THE SOUTH his rhetoric, we get his meaning to be this: "The State, while it does not possess such attributes of sovereignty as were by the separate peoples of the thirteen States granted to the United States". But where does this change leave him as a statesman? What are the United States, the alleged grantee, but the thir teen States united — ^the alleged grantor. And who or what are the United States but the people of thirteen States acting to gether? Who made the Constitution but thirteen separate peoples of thirteen separate States ? Thus we are informed by this statesman that the people of thirteen States, by united action, granted to the thirteen States united, attributes of sov ereignty. That is to say, the thirteen States, each holding at tributes of sovereignty, granted those attributes to themselves ! If the United States bad been a nation of separate people, as, for instance, the United States of Columbia, and the thirteen States acting together had granted their attributes of sover eignty to the United States of Columbia, there would have been a grantee entirely distinct from the grantor, and capable of accepting the grant. But here is an alleged grant of sovereignty by the States to a corporate body of their own making— having no separate people under, or within it — of which the grantors are the corporators, the stockholders, the directors and the ex clusive owners! Can there be a more glaring, complete, and nonsensical reduetio ad absurdum ? If it were worth while to quote law to those people, who, like the heathen, are a law unto themselves, and make their o^wn law to suit any purpose at the moment it is needed — as, for instance, their "Higher Law" when they decided to free their grandfathers' slaves — numerous quotations from the Law of Nations could be given to prove the absurdity of their concep tion of the federal govemment. However, several will be given here. It must be remembered that tbe fundamental belief of the Northern people is that the federal government is a Nation. They always speak of the "National Government" — "Tbe United States Government" — "The National Union." Lincoln thundered it in bis inaugural speeches. First: "Nations, or States, are bodies politic, societies of men united together for the purpose of promoting their mutual safety and advantage by tbe joint efforts of their combined strength." (Vattel, page 4, Preliminaries.) ,/¦,'¦' TRUE VINDICATION OF THE SOUTH 239 Second: "From tbe very design that induces a number of men to form a society which has its common interests and which if? to act in concert, it is necessary that there should be established fl PubUc Authority to direct what shall be done by each in re lation to the end of the association. This public authority is the Sovereignty, and he or they who are invested with it are the Sovereign." Third: "Every nation that governs itself, under what form soever vrithout dependence on any foreign power, is a Sovereign State." Now take vrith these elementary and indisputable principles of the Law of Nations one other, to-wit: that "sovereignty is immutable, inalienable and indivisible," and we are prepared to analyze stiU further the nature of tbe-federal government. First: "A nation is a society of men united together," etc. Is the federal government a; society, that is, a nation of men united together ? If so, then tbat society, by the third quotation from the Law of Nations, must be independent of any foreign power or sovereign State. In other words, tbe federal govern ment must be a nation with equal sovereignty with any other nation, and, of course, independent of every other nation. It must have aU the sovereign powers, privileges, rights and immuni ties held by any other nation. And these powers, rights, privi leges and immunities must be immutable, inalienable and indi visible. We can now proceed with the analysis. The federal govemment has no people under its authority who compose the society tbat constitutes a nation. The federal gov emment consists of three departments — and these departments consist of officers only. One man (Washington) fills one depart ment; twenty-six men (Senators) make one branch of tbe second department; a larger number (Representatives) form the other branch of the second department; and a smaller number (judges) constitute the third department. The Secretaries of State, War ahd Navy, Attorney General, etc., are but subordinates in the President's or Executive Department, Wbere are the people tbat compose this sovereign society, or State, or nation ? Do the officers of a government make it a nation? Officers command — give orders — ^they do not obey. Less than a hundred men in this entire nation and every one an officer, A nation of officers. A nation Jl composed exclusively of men to give orders. Every one of them 240 TRUE VINDICATION OF THE SOUTH a constituent part of that nation's sovereignty. Where are the people who are to obey this triple-handed sovereign? Where are the people, subjects or citizens, who owe exclusive allegiance to this nation of officers? They are down below iji the thirteen States, are they? We shall see. Again: This nation of officers — aU holding sovereignty—^ decides to make war on another, where are its soldiers? Every man in the country is a citizen of some of the thirteen States. Can the sovereign federal nation issue its sovereign command to the citizens of tbe States to enlist for the war? If it can not it is tbe only sovereign who could not or can not. No ! Washing ton must submerge his part of tbe triple sovereignty of the fed eral nation and make a request of tbe thirteen Governors of the States to supply him ¦with soldiers. And the Governor of Massa chusetts has the right under the law of the land to refuse to comply witb the request, and Washington can exercise his right to swear worse than "our army in Flanders" — as tradition gives him the ability to do, but be must choke down bis sovereignty and take it out in swearing. In support of this proposition as law, the ¦writer is fortunate in being able to cite no less authority than tbe sovereign State of Massachusetts, in the case of Presi dent Madison against Massachusetts, decided in 1812 by Massa chusetts wben she refused to furnish troops, at Madison's urgent solicitation, to repel the armies of Great Britain, and to defend Massachusetts, In fact, the writer is indebted to that bigh and proUfic au thority for the greatest variety of law that has ever come from any hundred States, or Nations, li^ving or dead. The legal pro- , fession, and also statesmen, are indebted to Massachusetts for the theocratic system of judicature whereby cases were decided by a verse, or paragraph from Genesis or Exodus, or Numbers, or. Deuteronomy, or Joshua, or Job, or the Songs of Solomon; for a Judiciary caUed a High Court that had jurisdiction over aU, matters ecclesiastical, civil and criminal ; for the expeditious and satisfactory judicial procedure of arrest, and then enacting a law making the conduct charged a crime, foUowed by trial, convic tion and punishment — ^vulgarly known as ex post facto laws; for hanging neighbors for difference of opinion on abstrase theo logical non-essentials; for law justifying smuggling; for the law of civilized nations that permits the sale of prisoners of war TRUE VINDICATION OF THE SOUTH 241 into perpetual slavery to raise revenue ; for the law to seU into slavery in the West Indies white children to raise revenue because they could not pay fines imposed for failure to attend church on the Sabbath ; for law punishing Quakers by dragging them at the cart-tail for refusing to take off the hat ; for the convenient law of vesting discretion in magistrates to punish offenders, with out limit to the punishment fixed by law ; for allowing no appeal from the sentence of these discretionary officials; for hanging women and children charged with vritchcraft unless they could prove their innocence — ^the State producing no evidence except in rebuttal; for denying citizenship unless the person should join the theocratic church ; etc. CHAPTER XXXn. THE DIFFERENCE BETWEEN "DELE GATED" AND "GRANTED". But the Nationalists insist that the States "granted" cer tain of their sovereign powers to the federal government. This is asserted in contradiction of what the alleged grantors say they did. They say they "delegated" to their common agent certain powers. This assertion by the Nationalists proves, as the history of the Puritans demonstrates, tbat there is no law they will obey. As already said, the highest evidence of the meaning of any agreement is the unanimous testimony of the parties to the agreement. Indeed, it is not simply evidence ; it is proof irrefutable by any kind of evidence. But when they say "delegated," these republicides affirm that the parties did not know their own minds and that they made a "grant." Thus, to get to their desired goal — a Nation in supreme domin ion over the States — ^they disregard and override the plainest rules of construction recognized by all ci^viUzed peoples. Again: They assert that the States intended to make a Nation that should be "perpetual," As the Constitution is silent on that subject, these Nationalists go back to the Con federation where they find the word "perpetual," and they graft it on the Constitution, They find at the same spot the words "sovereign State", but they refuse to recognize those words. If "perpetual" can be interpolated, why can not the "sovereign?" There is no reason except tbe Puritan's perti nacity and determination to rale or ruin. But in this instance he is balked. Neither word can be written into that instru ment. Neither can be used to explain it. It needs no interpreter. And the assumption of these grafters has no parallel except in the "graft" so prevalent among them that the nations of Europe have been holding their noses since the explosion of the Credit Mobilier in 1870. There is no canon of the law more imperious and inflexible than the one that forbids the effort to graft a word on a writing tbat is so plain in meaning TRUE VINDICATION OF THE SOUTH 243 that the wayfarmg man, though a fool, can understand it. There is not a court in Christendom that will permit any law yer, whether he be a Solon or a shyster, to use any word directly or indirectly to explain a ¦writing that explains itself, on the plea that the makers intended to say more or less than what they wrote. But the boldest attempt to deflower the English language and thereby to convert a friendly agreement between republics into a consolidated, unifled nation and despotism, has been done by deflant insistence that the word "delegated" means "granted." Though these two words are not as antipodal as black and white, nevertheless, they are as variant in meaning as are tenancy at will and a conveyance in fee simple of the land to its occupant. The difference is as great as between the peace and happiness that reigned throughout the States when the Constitution was agreed to, and the bloody ruin, the devastation, anguish, agony, demoniac fanaticism and death thatTeigned seventy-two years thereafter. "Delegated" was the angel of peace — "granted" was the key that opened wide the gates of Hell, Lincoln, so ignorant of tbe A, B, C, of commercial law as to declare in his inaugural that "a copartnership can not be dissolved without the consent of all tbe partners," consumed by ambition — "tbe most powerful of excitements" — to be known in history as '^The Great Emancipator," exposed greater ignorance by announcing, almost in the same breath, that the Union must be perpetual because that word is found in the Articles of Cpnfederation, He, too, caught tbe cry that the Constitution needed explaining, and, as it said nothing of perpetuity, the framers of it meant perpetuity because tbe colonists in forming what they expressly called "a league of friendship" used tbe word "perpetual." He, too, refused to see in the same league of friendship the words "delegated" and "each sovereign State." Why were they not as probative as the word "perpetual?'' They were and are, but they, like the flaming sword of the Cherabim, stood in the path between his mad ambition and the Constitution, which to tbat hour bad been the tree of life to millions, but, from that hour, has borne nothing but apples of Sodom, CHAPTER XXXm. ABOUT THE WORD "PERPETUAL"— A MEDLEY OF LAW AND FACT. The Nationalists contend that the Union was formed to be not only one and indivisible, and to bave powers superior to those of the States, but also that it is to be perpetual. Webster so taught, and Lincoln so declared in his Inaugural address, 1861. He said: "I hold that, in contemplation of Universal Law, and of tbe Constitution, tbe Union of the States is per- . petual." Webster in the debate with Hayne, said: "The Constitution, Sir, regards itself as perpetual and immortal." "Perpetuity," said Lincoln, "implied, if not expressed, is the fundamental law of all National Governments. Continue to execute all the provisions of our National Constitution, and the Union will endure forever, it being impossible to destroy it except by some action not provided for in the instrument itseK." Before quoting further I beg to caU attention to the medley of law and fact in the above language. First, as to facts. In the first two sentences Lincoln assumes that the Union of the States is a National Govemment. This reduced to the simplest terms means that the United States, by tbe Consitution, are a Nation. In the first sentence he assumes that the Union of the States, by the law of tbe Constitution, is to be perpetual. In the next sentence tbat "perpetuity is tbe fundamental law of all National Governments." What he affirms of the "Union of the States" be also affirms as tbe law of National Govern ments. He thus affirms that the Union is a Nation. A nation, according to all writers on the "Law of Nations", consists of a number of men associated together in one body, which is clothed vrith aU the powers, rights, privileges, exemptions, et cetera, that belong to a man in a state or condition of nature, and each and every one of those attributes is immutable, indi visible and inalienable; wben in that condition the man is a sovereign; when he and other men agree to associate to- TRUE VINDICATION OF THE SOUTH 245 gether, and one of their number is chosen to rale over them, each surrenders his natural sovereignty and vests his attributes in the ruler as a king, a monarch, or emperor ; and their ruler cannot surrender any one of his attributes of sovereignty with out the consent of his subjects. These authorities on the Law of Nations affirm further that such a society of men is a Nation, and that men (human beings) are necessary to the formation, operation and perpetuity of a nation. Lincoln is trying to prove that the govemment of which he had just been elected by a few of the States as tbe head or President, is perpetual, that is to say, is indestructible "except by some internal action not provided for in the Constitution. ' ' To establish that proposition be begins by assuming as a fact already proved and admitted, the main fact involved in the controversy between tbe North and the South, and which was never asserted or assumed by any one as true until Webster so asserted in 1830. That fact, as Lincoln words it, is that the Union of the States is a National Government, which expres sion reduced to its simplest form is — "the government estab lished by the Union of the States is a Nation." Up to that date (1830) the makers of the Constitution and their descend ants were of the opinion that the States had formed a Republic. The significant fact must be noted just here that Webster and Lincoln differ, ex profundo ad coelum, on the origin of the Constitution, and, of course, of the Union. Webster's IKe preserver, as he imagined, "We, the people," framed and adopted the Constitution. Lincoln, not speaking as paid coun sel, says the States formed the Union. He does not use the word "formed." He avoids circumlocution — to-wit: as there were no people but those in the States, and as the people in the States, each State acting separately, adopted the Consti tution, therefore, the States adopted it and this formed the Union. Lincoln's mind was not so vast — so oceanic — ^with deep, dark caverns where dwelt the Sophist, tbe Flatterer, the meta physical Seducer, who, at the psychological moment, crawled out from their sUmy dens to teach their Great Neptune there was no immorality — ^no injustice — ^no treason in selling official judgment, provided you know you are too strong to be swayed from an even balance by weight of the gold, Lincoln, there fore, just as he drove his axe into the rails — ^went straight to 246 TRUE VINDICATION OF THE SOUTH the mark and said "Union of", that is, Union made by "the States," And as tbe Constitution alone made the Union — as there could be no Union without it — ^the States , made the Constitution, Resuming the discussion, we return to Lincoln's opinion of "the Nation" — our Nation — ^with the caution that we must not forget that the time when all the discussion in and out of Congress occurred must be confined to the years during which the States adopted the twelve amendments, I say this, here and now, because Webster based a part of his speech in reply to Calhoun on what in legal phrase is called the argumentran ab inconvenienti — the inconvenience that would result from a decision in favor of this or that side of a case, or question. In a case before a Court between two copartners under a -written agreement, when one has rescinded and the other is claiming damages caused by the withdrawal, and the right to withdraw turns on the terms of the agreement, as well might the plaintiff attempt to set up tbe plea tbat the seceding par- ner had no right to withdraw because there were debts left unpaid at the time of the secession. As the Common Law would compel the seceding partner to pay his share of the debts, so, in the case of a seceding State the Law of Nations binds it to meet its proportion of obligations incurred jointly by the States. And should the seceding State refuse to come to an adjustment, tl^en, and then only, according to the highest code of laws known on earth — "Tbe Law of Nations" — could the other State resort to armed force to compel the seceded State to do "justice."' This is the law that the States remain ing in the Union were bound by justice, right, and humanity to obey. Those matters have no bearing on the question of State Rights, State Sovereignty, and tbe powers of tbe federal gov ernment. They are questions to be settled by and between the States after they might be separated — and for which the Confederate States sent Commissioners to Washington, We return to Mr, Lincoln's Inaugural: He declared that the Union of the States created a Nation, I will set over against his partisan opinion the decision of a hundred or more sover eigns who governed the civilized nations for a thousand years, and whose judgment and vrisdom have been recorded by such scholars and jurists as Grotius, Puffendorf, Baron de WoK, TRUE VINDICATION OF THE SOUTH 247 Hobbes, Vattel, Barbeyrac, Wicquefoot, Selden, Valeri, Clerac, Pothier, Burlamaqui (quoted by Calhoun and Webster made no reply), Emerigan, Roccus, Santerna, Maline, Malloy, and many others, passim, I quote the Law of Nations from Vattel : ' ' Sev eral sovereign and independent States may unite themselves together by a perpetual confederacy, without ceasing to be, each indi-vidually, a perfect State, Th.ey vrill together consti tute a federal republic ; their joint deliberations will not impair the sovereignty of each member, though they may, in certain respects, put some restraint on the exercise of it in virtue of voluntary engagements. A person does not cease to be free and independent, wben he is obliged to fulfill engagements which he has voluntarily* contracted." Omitting the word "perpetual" we have in this extract the precise confederacy the thirteen "Sovereign and Independent States" united and established in 1787. They arranged for joint deliberations every year by sending representatives to legislate for their "safety and advantage" in a body they called the Congress. They appointed one man (the President) to execute tbe laws their deUberative body might enact, and appointed Judges to con- stme those laws and specified the subjects and persons over which and whom their Judges could take jurisdiction. They set specified limits to the matters over which each of their- three agencies were to bave control — ^these and nothing more. There was no oversight made by the creator — ^the only fault, from the first, has been in their agents, by usurping powers not embraced in their written commissions. Since 1830 they have stretched that sacred instrument and usurped forbidden powers until, in 1860, they announced tbat they were the reigning sovereign — a Nation, a World Power — and the orig inal sovereigns were mere dependencies — ^vassals to obey them, or be whipped like wayward children. The word "perpetual" requires a passing notice only be cause the Nationalists — ^Mr, Webster in the lead and Lincoln proclaiming Webster's heresy — ^insist that tbe confederacy was uitended by the States to be perpetual. They violate every rule followed by learned Judges in construing contracts made by individuals, up to wills, deeds, conventions, constitutions, and treaties made by sovereigns, by writing into the Constitu tion, that contains no ambiguity, words intentionally omitted; 248 TRUE VINDICATION OF THE SOUTH by taking its preamble to construe "the States" to mean "the people", and the words "general weKare" to mean unUmited power; and these Nationalists will, no doubt, contend that while sovereign States can form a perpetual confederacy, they cannot form one and limit its duration. Another quotation from Lincoln's Inaugural, 1861, will reveal the length to which Nationalists go to patch and pad the Constitution, He says: "Again, K the United States be not a government proper" (Webster's phrase), "but an association of States in the nature of a contract merely, can it, as a contract, be peaceably unmade by less than all the parties who made it? One party ' to a contract may violate it — break it — so to speak, but does it not require all to lawfully rescind it ? " Here are two propositions announced in the Socratic form of interrogation to show they are undeniable, that can not stand a moment before the law. No — ^the "Uiuted States are not a Govemment proper. ' ' They established a government to be operated by such of their citizens as, in each State, are the "moral persons" (Vattel) constituting the sovereignty of the State. The government thus established and operated may be a "Government proper," or a Govemment very improper( as the South has learned through great tribiUation), but the sovereign govemment was in each State and in operation be fore the States established another government to do certain acts which, without it, each of the thirteen States would have to perform. The second proposition as to contracts is entirely outside of the question Lincoln was trying to clear up. He takes a commercial contract — one made by individuals — as on aU fours vrith a contract, or compact, made by sovereigns. The first is to be governed as construed by the common law, or statute law, or civil law, of force within a State or other sovereignty. Whether one partner (an individual) can lawfuUy break it, or rescind it, depends on the terms of the contract and the law of the State, When men "in a state of nature, free and inde pendent," come together to form a society (call it a State, Nation, or what not) Vattel states the law to be that "each member resigns a par^ of his rights in a state of nature to the body of the society, and that there exists in it an authority of commanding all the members, of giving them laws, and of TRUE VINDICATION OF THE SOUTH 249 compelling those who shall refuse to obey! Nothing of the kind can be conceived or supposed to subsist between nations," To iUustrate : If while Lincoln was Uving in Kentucky, there had been no govemment — ^no civil laws of force — ^he would have been in a state of nature. Had a neighbor engaged him to spUt a hundred rails and he had done tbe work, and the neighbor refused to pay, Lincoln could bave mauled him to his heart's content, and no power on earth could have punished him. But, if Kentucky had been under the government of men who had "resigned a part of their natural rights", and had laws regulating the conduct of each man or member, Lincoln could have been punished for assault and battery. His illustration may be good or bad according as the law regulating private contracts might be. But be was beyond his depth in trying to apply tbe law to a contract, or compact, made by sovereigns. The Law of , Nations alone can be invoked, and by that law a sovereign is not forbidden to break or rescind a contract, or compact. But he is bound by an obli gation imposed by the Law of Nations to do justice — to make his co-compacter compensation for any damage the secession from the compact may cause. And should he fail so to do, the injured sovereign or sovereigns may resort to retaliation or even to war. The seceded States offered through Commissioners to com ply fully and fairly with that obligation. CHAPTER XXXIV. SOME COMMENTS ON A LETTER OF CHIEF JUSTICE MARSHALL. The analysis of the Constitution and the rights of each State would not be complete without a study of tbe opinion of John Marshall, Chief Justice, as expressed in a letter to his cousin, as follows : Richmond, May 7th, 1833. "My Dear Sir: "I am much indebted to you for your pamphlet on Federal Relations, which T have tead with much satisfaction. No sub ject, as it seems to me, is more misimderstood or more perverted. You have brought into view numerous important historical facts which, in my judgment, remove the foundation on which the NuUifiers and Seceders bave erected that super structure which ,overshadows our Union, You bave, I think, shown satisfactorily that we never have been perfectly distinct, independent societies, sovereign in the sense in which the Nul- lifiers use the term. When colonies, we certainly were not. We were parts of tbe British empire, and although not directly coimected with each other so far as respected government, we were connected in many respects, and were united to the same stock. The steps we took to effect separation were, as you have fully shown, not only revolutionary in their nature, but they were taken conjointly. Then, as now, we acted in many re spects as one people. The representatives of each colony acted for all. Their resolutions proceeded from a common source, and operated on the whole mass. Tbe army was a continental army commanded by a continental general, and supported from a continental treasury. The Declaration of Independence: i-J was made by a common government, and was made for all the States. "Everything has been mixed. Treaties made by Congress have been considered as binding all tbe States. Some powers have been exercised by Congress, some by the States separately. TRUE VINDICATION OF THE SOUTH 251 The lines were not strictly drawn. The inability of Congress to carry its legitimate powers into execution has gradually annulled those powers practically, but they always existed in theory. Independence was declared 'in the name and by the authority of the good -people of these colonies.' In fact we have always been united in some respects, separate in others. We have acted as one people for some purposes, as distinct societies for others. I think you have shown this clearly, and in so doing have demonstrated the faUacy of the principle on which either nullification, or the right of peaceful, constitu tional secession is asserted. "The time is arrived when these truths must be, more generaUy spoken, or our Union is at an end. The idea of com plete sovereignty of the State converts our government into a league, and, K carried into practice, dissolves the Union. "I am, dear sir, "Yours affectionately, "J, MARSHALL. "Humphrey Marshall, Esq., Frankfort, Ky," It is not vrithout full knowledge of the weight of authority that even the mention of his name bears on the judicial mind iu America, even now — seventy-seven years after the ermine fell from his venerable form and he lay do-wn to pleasant dreams — that I consider the utterances of John Marshall. And it is vrith tbe greatest circumspection and with diffidence that even Judges should call into question his decisions on subjects in which political bearings did not have a tendency to bias bis judgment. It is well known that be, early in life, adopted the view of the Constitution ahd the rights of the States so strenu ously advocated by the Party called Federalists, headed by Alexander Hamilton. And it is, also, weU known that when ever questions arose growing out of or involving, collaterally, those causes of poUtical and judicial division, bis bent was always with the Federalists, His moral integrity was beyond reproach, or even an evil thought, and his mental leaning never varied, and be died, as he bad lived, a Federalist. As this letter Contains, in condensed form, his opinion against the rights of the States, that is, against the sovereignty of each State, I shaU not look beyond it for other expressions by him 252 TRUE VINDICATION OF THE SOUTH on that subject. It was written but two years before his death, and after his body had been tormented for years by an incur able disease. As we shall see, tbe letter has not the perspicuity that illumines his judicial decisions, but, although his frame had long been racked by pain, we are not to conclude that there is any evidence of senility in this opinion. It will save time and words to bear in mind that the whole question between the North and the South, from Washington's first administra tion to this date, turns on the sovereignty of each State, when Great Britain acknowledged that each State, by name, was sovereign, free and independent. It is on that immovable base that I have built tbe foregoing argument, and it is on that assumption that I venture to question the correction of the opinion given in this letter. As already said in another chapter, in my opinion, on the assumption that each State was a sovereign before 1787, the right solution of the question can be found nowhere except in the Laws of Nations — laws adopted by sovereigns for their guidance and conduct, inter sese — and laws before which aU other enactments must give way, because tbe highest human organization is a Nation, The first three sentences in the first paragraph of the letter require no comment, because they show only his dissent from the contention of "NuUifiers and Seceders." The fourth sentence contains the opinion I shaU consider. That sentence is as follows: "You bave, I think, shown satisfactorily that, we never bave been perfectly distinct, independent societies, sovereigns in the sense in which the NuUifiers use the terms." By "term" he means "sovereign societies." He then proceeds to state tbe reasons for that opinion, and I wiU consider briefly each sentence or reason. "When Colonies, we certainly were not," No one ever imagined the colonies were sovereigns. "We were parts of the British empire, and although not directly coimected with each other so far as respected govemment, we were coimected in many respects and were united to the same stock, ' ' Each colony had its separate gov ernment, just as eaeh of our Territories after organization has its own government, but they were not coimected, directly nor indirectly. One was carried on subject to regulation or repeal by ParUament; the other subject to control, approval, or TRUE VINDICATION OF THE SOUTH 253 repeal by Congress. The colonies were in no sense connected and united, until 1774 by the "Articles of Association," when they agreed to make common cause against the same stock — Great Britain — and in 1777 by the CoiKederation formed to supplant the Association of 1774. But in neither case did any colony to any degree change or surrender in any particular its powers, its rights, or internal social, or political economy. On the contrary, in "The Articles of Confederation" entered into as "a kague of friendship" to make a better defense against Great Britain, the colonies expressly guarded against any conclusion or suggestion of any amalgamation, or more than a combination for defensive war, in Article II, in these words: "Each State (aU still colonies). "retains its sovereign ty, freedom, and independence, and every power, jurisdiction, and right which is not by this Confederation expressly delegated to tbe United States in Congress assembled," Be fore the Articles of Association, which were a war measure oidy, the Colonies had no more political connection with each other than any one of them had with Canada. The only con nection they had witb each other, except geographical, was their aUegiance to the same empire. And although in the Confederation they agreed it should be "perpetual," tbat was but one item of tbe many agreed to in the thirteen Articles, and has no bearing on the question of separate existence, free dom and independence of the Colonies. They knew best what their relations to each other were, and as they expressed that knowledge by saying each retained its sovereignty, freedom, and independence, it is impertinence, say the publicists, "^to assert they did not mean or understand what they said. The seventh sentence is strictly true, but it proves nothing. Eighth sentence : "Then as now we acted in many respects as one people." Except in the Association of 1774, and the Confederation, and the Declaration of Independence, there is no historic e^vidence that the Colonies, in a single instance, acted as one people. I have already sho^wn that in the first and second they united their soldiers from necessity to prevent conquest and hanging, and that in the second they declared each State to be sovereign, free and independent, and in the third instance (the Declaration) they declared each Colony to be a "free and independent State," 254 TRUE VINDICATION OF THE SOUTH Ninth sentence: "Their resolutions proceeded from a common source and acted on the whole mass." What resolutions the Chief Justice does not explain. If history records any resolutions that did not relate to the im pending hostiUties, or the actual war for independence, it has not been the good fortune of the writer to see or read them. The resolutions just before and during the war were on the same line as the much more solemn declarations in and by the "Association" and the "Confederation" and the "Declara tion" — all were to aid in the common cause agkinst a common foe. The tenth and eleventh sentences contain statements per fectly true, but aU the facts occurred or existed during the war waged by the colonies conjointly. The last clause of the last or eleventh sentence — "and was made for aU the States" — seems to have been lapsus pennae or linguae — a slip of the pen, or tongue. It carried the Chief Justice further than he intended to go. "And was made for all the States," — ^not for one consoUdated State or Nation, made up of all the people in the colonies, as Webster tried to prove by the preamble — ^but for all the States. If for more than one State, the word "aU" must include two States, and when we get two States, we can't stop until we include thirteen States. In the next paragraph the Chief Justice passes from colo nial years to the period from 1787 to 1833, when he was writing. UiUess we look through the medium always before the eyes of this FederaUst, his meaning is not as clear as his decision on non-partisan questions. He says: "Everything has been mixed." Treaties ma,de by Congress, that is, by the President and the Senate were intended by aU the States that made tbe Constitution to bind "aU the States,'" The States expressly delegated the exercise of some of their powers to Congress and reserved aU other powers to be exercised by themselves. He says: "The lines were not strictly drawn." They seem to have been as strictly drawn as human leaming and caution could draw them. That sentence is not clear. He says : "The inabiUty of Congress to carry its legitimate powers- into execution has graduaUy annulled those powers practi cally." Here is Federalism rampant. The vast majority of TRUE VINDICATION OF THE SOUTH 255 the people complain of the abiUty of Congress to exercise powers not delegated to it, to the extent of practically "annulling" the powers of all the States expressly reserved. The Chief Justice then drifts back to the Colonies, and quotes from the last paragraph of the Declaration of Indepen dence — "in the name and by the authority of the good people of these Colonies," but be omits what they declared, to-wit; that "the colonies are and of right ought to be free and inde pendent States." He omitted, also, tbe fact that the good people of the colonies, through their Representatives in Congress, made that Declaration, and that they wrote first the name of each State and signed their names beneath, viz: "New Hampshire" — "Representatives, Josiah Bartlett, William Whipple, Matthew Thornton," and so on down to Georgia, the last: "Georgia;" and, beneath, her Representatives — ^Button' Gwinnett, Lyman Hall, George Walton — signed their names. These Representatives then resolved that their "Declaration be proclaimed in each of all the States. ' ' I have re^viewed the reasons assigned by the Chief Justice for the opinion expressed in the third sentence of paragraph one and repeated in the last sentence of paragraph two, and in the third or last paragraph. This opinion will be considered Ul the chapters on Sovereignty and Allegiance. CHAPTER XXXV. SOVEREIGNTY AND ALLEGIANCE. It is now opportune to discuss the all-important question^^- who were the Rebels, the Disunionists, the Traitors in that fratricidal war that has no parallel. Senator Reverdy Johnson briefly stated the issue that history wUl decide. He said, in the United States Senate: "If secession was valid in any State, then the North was the aggressor, and the suppression was a great crime. Admit the validity of an ordinance of Secession, and it foUows that the Unionists were traitors to their obUga tions to the Constitution." The reader will please note his words — "the Unionists were traitors to their obUgations to the Constitution" — as much that foUows is in reply to the faUacy of that hypothesis. It is not my purpose to discuss now the right to secede, as that has already been fully considered. However, that question comes in coUaterally, as it is, to some extent, involved in the discus sion of sovereignty and aUegiance. It is the last (aUegiance) that involves the idea, or poUtical creed, expressed in the words of Reverdy Johnson which the reader has been requested to bear in mind. Johnson's view of aUegiance is expressed in four forms by the Nationalists or Imperialists — ^to-vrit; alle giance to the Constitution, aUegiance to the Union, aUegiance to the Federal Govemment, and allegiance to the United States — each and aU being used as equivalents. Webster's dictionary (1904) under the word ".41legiance" reads — 1st: "The tie or obUgation of a citizen, or subject, to his govemment or ruler; the ^uty of fidelity to a king, govern ment, or state. 2nd : The paramount aUegiance of a citizen of the Umted States has been decided to be due to the general government before that (allegiance) due to his own State." In aU prior editions of Webster's Unabridged, the latter or second definition is not given. We are not told who so "decided," nor where the decision is recorded. Tbe American Cyclopedic Dictionary gives allegiance as "the tie or obligation a subject owes to a^sovereign, or a citizen to the government^ or State." TRUE VINDICATION OF THE SOUTH 257 The second definition in Webster's dictionary is clearly the New England interpolation since the War Between the States. It is a definition given by soldiers, and cannon and bayonets used by foreign hirelings and negro troops. It was not the defi nition of New England's scholars, statesmen and patriots in the year 1812 when she refused to obey "the general govern ment" that caUed on her to send her soldiers to help in defense of the country, including herseK. It -wiU be seen that her late definition of aUegiance is not so accurate as her first in 1812, however disgraceful and contemptible her action was in refus ing to aid in the common defense. To treat fairly and fuUy the question presented so clean-cut by Reverdy Johnson, it is necessary to revert to the five years between the close of the Revolution in 1783 and the adoption of the Constitution in 1788. For it must be borne in mind that the clearest -view of the rights and powers of each of the thir teen States can be taken vrithin three short periods — ^to-vrit, first, from 1783 when the independence and sovereignty of the States was acknowledged by Great Britain, to June 21st, 1788, when New Hampshire, the ninth State, agreed to the Constitu tion, and it became binding on the nine States; second, the period that elapsed before the four remaining States — ^North Carolina, Virginia, New York and Rhode Island — accepted the Constitution; and, third, the time when the last of the twelve amendments were added to the Constitution in 1804, twenty- one years in all. > The reason for limiting the view to these twenty-one years is that after 1804 no change was made in the Constitution that could possibly affect the rights and sovereignty of each of the thirteen States as they existed then ; nor the rights, independ ence and sovereignty of each of those nine States as they stood from 1783 to 1788, nor of the status of the four States until they followed the nine and adopted the Constitution. How far, K at aU, the rights, independence and sovereignty of each State were modified, abridged or surrendered by adopting the Constitution, is the problem before us. As they were declared by Great Britain "free, independent and sovereign" in 1783, the proof of the affirmation that they lost some attributes of a sovereign by agreeing to the Constitution devolves on the ImperiaUsts who so affirm. S58 TRUE VINDICATION OF THE SOUTH To simplify to some extent the propositions to be now dis cussed, let us take one State. Of the thirteen we select Massa chusetts. And this not only because we are assured by her historians, statesmen, phUosophers and poets, that it is from her that all our blessings flow but also because it would be an act of philanthropy, however much (as we know) it woidd be against her desire and greed, to raise her from the servUe, humiliating and degraded position to which her statesmen and sons of whom she is so proud, betrayed and sank ber by throw ing off their allegiance to her and transferring it to another government — another "sovereign" — and thereby lowered her rank from her regality among the sovereigns of the world, to a petty, contemptible fragment called by her orators "a satellite revolving around the great Central Sun" that was manufac tured by thirteen satellites and set up in an imperial domain ten miles square. By ber own confession, Massachusetts has sunk a thousand leagues below that mongrel whelp named "The Black Republic of Hayti," and, by tbe classification of States made by John Fiske, her speciaUst in grading the rank of towns, cities, states and nations, she is just an inch or two higher than was Duluth before it was discovered and introduced to the public by the Hon. Proctor Knott pf Kentucky. There is this to be said, however, in apology for the sub mission of Massachusetts to her master — she has always been the favorite in the harem, and gets the best. She is invited to the first table, while ber sisters must be content vrith what she leaves only because she is glutted. She and ber five neigh boring sisters bave always occupied seats at the right hand of their lord at the feast so lavish and luxurious, spread by their sovereign's munificence, and bave been given the royal pre rogative to dictate to all the other inmates — ^now forty-seven — what and how much they may eat, wherewith they shall be clothed, what amount of pin-money they may spend, and, in doling out these supplies to keep body and soul together, they can, in addition to getting enough to gratify the greed of any avarice, except their o^wn, take a rake-off from the other forty- seven of any per cent, their sovereign sultan's head steward may name. And all the five have to do to get the rake-off is to make an humble bow and curtsey — then in a few meek plaintive tones repeat Falstaff 's sorrowful query: "Do I not TRUE VINDICATION OF THE SOUTH 259 bate — do I not dwindle? Canst thou not see we are of an eagle's talon in the waist,' and we can creep into any alderman's thumb-ring ? Will you who have so much pleasure in us, bave us grope and stumble like Pharaoh's lean kine? Will you starve your beloved?" Whether the head steward be named McKinley, or Dingley, or Aldrich, or Payne, or Taft, the af fected plaint of the six favorites of the sovereign-sultan never fails — the "rake-off" is freely, blindly, exceedingly handed out, but not without the gratitude expectant of future favors in return to the sovereign's chief butler and his corps of workers, to keep them at tbe job. However, the question of deepest and perilous moment is not what Massachusetts is content to be, but what she was and is. Was she a sovereign full-fledged and equipped from 1783 when Great Britain so declared, to the day she adopted the Constitution? To assume that she was would be ignoring the opinion of America's greatest Jurist^rJohn Marshall, who is foUowed by Joseph Story and Judge Cooley and other com mentators on the Constitution. Judge Marshall's language in the previously quoted letter to his kinsman is: "You have, I think, shown satisfactorily that we (the States) never have been perfectly distinct, independent societies, sovereign in the sense in whieh tbe NuUifiers use the term." It may be more satisfactory to the reader to turn back and read the entire letter, although tbe above quotation is the letter condensed. This opinion assumes that because tbe thirteen colonies, each admittedly separate and distinct, working under separate char ters, acted conjointly in resisting the aggressions by Great Britain; — first, under the Articles of Association; second, in framing the Declaration of Independence; and third, under the Articles of Confederation; therefore they were not distinct, independent societies and sovereign when in 1783 Great Britain, in Article I of the treaty, wrote these words: "His Britannic Majesty acknowledges the said United States — namely — ^New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Delaware, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina and Georgia, to be free, sovereign and independent States." Can language be more explicit? 260 TRUE VINDICATION OF THE SOUTH Before 1774 the colonies were as separate and distinct as any nations could be. The persecutions by their mother coun try drove them together to make common defense. Their joint action was during their colonial period. But when they devel oped into thirteen nations, or sovereigns, what possible relation did they sustain to each other that could impair or abridge the perfect sovereignty of each? It is true the Confederation of 1778, formed by the colonies, was not formally abrogated in 1783, when they became States, but it did not by any provi sion forbid or prevent the parties to the Confederation to become sovereign States. If this be not trae, there was but one other result, and that was the acknowledgment of the freedom, sovereignty and independence of the undistinguish able mass of three miUion Americans as one people under the name of "The United States," Has any one ever advanced that idea? Who would admit it K advanced? That theory, if true, would make hotch-potch of our entire people, and oblit erate all State lines and boundaries. It would make but one people, one goveminent, and that govemment a sovereignty. It would make fools of all the statesmen in America from 1783 to this hour. But, discarding this absurdity, there is left but the one conclusion — that each State in 1783 became a member, free and untrammelled, of the world's famUy of sovereign nations. But there is another answer to Judge MarshaU 's theory of the States' limited or imperfect sovereignty. This view takes in the second division of time made above, to--wit, the short period between the adoption of the Constitution by the ninth State, New Hampshire, and the entrance into the Union of the four remaining States. Judge Marshall's language is "We (the States) bave never been perfectly distinct, independent societies, sovereign in the sense in which the NuUifiers use the term," The word "societies" is used by him in the sense of "nations" — as all -writers on the Law of Nations use it, Vat tel, in defining a nation, uses the singular number, "society," So does Judge Cooley. The answer to Judge Marshall is found in the status of the four States not in the Union, What were they during the in terval between Jime 21st, 1788, when the Union took effect, and the day each one entered the Union? They were not in TRUE VINDICATION OF THE SOUTH 261 the Union, The Confederation of thirteen States was no more. It had been thrown to the winds. It was nothing but a mem ory, and a sad one at that. The four States not in the Union were not the old Confederation. Nine of the Confederation had shuffled it off, and had formed another entirely different. These four had no poUtical connection -with Great Britain, their mothelr. They had none with the nine States who were in a new combination called a Union, What, then, were they? Each was a "society." Each had an Executive, a Legislature and a Judiciary, and the citizens of each owed no allegiance to any power, nation or sovereign on earth, excepting one, and that was their own State. Can it be questioned, in the Ught of the Law of Nations, that each of the four States — ^Rhode Island, New York, Virginia and North Carolina — ^was a "perfectly distinct, independent and free sovereign?" Can this question be seriously debated? This being trae as to the four States before they entered the Union, does it not necessarily follow that each of the other nine States was a "perfectly distinct, independent and free sovereignty" before they formed the Union? Suppose that those four States which doubted and debated — ^hesitated and feared to enter the lion's den, had decided -wisely (in view of the war made by States on States) to keep away from the entrance where all tracks are inward and none coming out, what would they have been among the ' nations of the earth? Each would have been as perfect a nation, or sovereignty, as their mother was who had just acknowledged their majority and started them in Ufe to make their U-ving vrith aU the responsibUities, rights, duties, immuni ties and dignity vrith which the mother was clothed. The next question in order is — ^What change took place when each State entered the Union? As feach was indisputably sovereign before entering, did she strip herseK of the richest endowment a people can possess and enjoy in this life and donate it to another? Did Massachusetts step down from her regal throne, and in token of abdication of her royalty, her dignity and equaUty among sovereigns, lay het crown at the feet of an irresponsible and dependent creature she had helped to make? Did she do this vrith full knowledge that, if her neighboring sisters, impelled by fanaticism or avarice, or in stigated by the DevU, should steal her property, incite her 262 TRUE VINDICATION OF THE SOUTH laborers to insurrection, to strikes, and killing her sons, she would have no power to protect herself by force of arms ; and that the creature in whose favor she had abdicated the right and duty of self -protection inherent in every nation, could not raise a band to protect her? Did Massachusetts voluntarily transfer the loyalty and allegiance of ber sons and daughters to this creature of her own hands? Or did she generously divide the allegiance due to her, and confer a part of that right essential to the protection and life of every sovereign, whether a person or the collective citizens of a republic, on the creature she had assisted to make? If so, how was that alle giance divided ? Was it halved, or did she quarter it and generously give three-quarters to the creature — ^reserving for herself but one-quarter of the allegiance of her citizens? Has Massachusetts approved and accepted the new, the amended, the federalist definition of allegiance that her lexicographers picked up on the battle-field after the "RebelUon" or "Insur rection" was "put down" by federal armies, written in blood by a bayonet, which requires her citizens to give first allegiance to her creature, and, second, to her? Does not Massachusetts' indorse and teach in her schools, colleges and universities John Fiske 's degradation of herseK to a rank not quite so low as a 'town or a city? This new brand of allegiance was unkno-wn in Massachu setts m 1812 when she notified President Madison that the first allegiance of her citizens was due to her. Are we to have a new New England dictionary every time we have a little "in surrection" that lasts only four years? No! Massachusetts is not quite so degraded as she thinks she is, as John Fiske has pronounced her to be, as her Professors in her coUeges and universities teach that she is. Let "hope elevate and joy brighten her crest," There are other teachers of world-wide repute, of authority to which royalty bows in submission, who differ with her teachers. There are hundreds of them, and on the questions of sovereignty and allegiance they are unani mous, Massachusetts was for a few years, if not now, a sov ereign, and every one of her citizens owed aUegiance to her and to her alone. Has she destroyed her sovereignty? Has she lost the allegiance of her chUdren? TRUE VINDICATION OF THE SOUTH 263 In a prior chapter the first of these questions was discussed in connection with State-rights. That view was restricted to the relation of the States to the federal government, and re quired, of course, an examination of the Constitution, The question of sovereignty and its necessary and inseparable se quence, aUegiance, are not to be determined by tbe Constitu tion, We must look to the only code of laws by which Nations are governed and to which every Nation must conform. The Law of Nations is a part of the law of the land add superior to the Constitution, says Wharton, It is respectfully submit ted just here that the error committed by all Northern states men for thirty years before the war to free the negroes, was in looking no higher than the Constitution for the law that controlled the States in the Union, Their view was too narrow. They beUttled the States by resorting to a convention of their o-wn making as the law by which sovereigns are to be judged and controUed. Daniel Webster was the Teueer Priijceps in this offense. He knew better. He was not battling for Truth. He was a hired partisan. He not only dodged the issue pre sented to bim by Mr, Calhoun based on the Law of Nations, but he even evaded the body of the Constitution, and for his ground of battle he chose the preamble to the Constitution. And vrith the shout of victory and the cry of triumph over tbe South — the twenty-two States enlisted at once imder Web ster's banner. Laws, civil and organic, were not binding. Fanaticism furnished the law — the rule of action. Men did riot— would not reason. Seward found a "Higher Law — ^pro claimed it — the mob adopted it — and it grew in favor tmtU ; legislatures attempted to legalize it, and Judges quoted it to catch the favor of the mob. Of tbat "Higher Law" that was found in a higher latitude, but in a very low atmosphere, notice will be taken later on. The Law of Nations was ignored. As said before, the writer has not read a single reference by speakers or writers in the North, within sixty years, to the Laws of Nations, except two extracts; given by Thad. Stevens, and his purpose was to justKy his fiendish desire to desolate the South as a "conquered coimtry." His purpose came up from the sovereign in Hell — ^his law came down from the Sovereign in Heaven. He stole "the Uvery of Heaven to serve the DevU in," 264 TRUE . VINDICATION OF THE SOUTH What is sovereignty? It is the endowment of one man, as in a kingdom or monarchy, or an aggregation of men, as in a State or Republic, with aU the rights, powers, privUeges iand immunities that every man in a state of nature is endowed with. These attributes of a man in a state of nature are taken by all pubUcists or authorities as the foundation of the Law of Nations, This sovereignty is immutable and indi-risible, Vattel says: "Every sovereignty, properly so called, is, in its own nature, one and indivisible, since those who have united in society can not be separated in spite of themselves." (Edition of 1869, Page 27.) Oigain: "Since, therefore, the necessary law of nations consists in the application of the law of nature to States— which law is immutable, as being founded in the nature of things and particularly in the nature of man — it follows that the Necessary law of nations is immutable. Whence, as this law is immutable, and the obligations that arise from it are necessary and indispensable, nations can neither make any change in it by their Conventions, dispense with it in their own conduct, nor reciprocaUy release each other from the observance of it." (Vattel, Page 58 of Preliminaries.) If this be not "Cro-wner's quest law" in Massachusetts, as she was indisputably a sovereign before she entered the Union, did she cease to be a sovereign after she entered? If sover eignty be immutable and indivisible, unless she surrendered — donated — ^her sovereignty in toto, in solido, did she not retain it in its entirety? Will her federalism drive her to the extremr ity of denying an undisputed law of Nations, and to maintain that she had a Higher Law for her govemment, and that she retained a fraction of her sovereignty and made an irrevocable gift, or grant, of the remaining fraction to the federal govem ment? As she acknowledges that she is less than a sovereign and teaches that she is but a little bigger than a town or city, it vrill be of interest, if not of value, to institute a search, or raise an "Investigating Committee" to find out who or what o-wns the fraction of sovereignty she granted away forever when she by ordinance agreed to the Constitution and entered the Union. For, be it remembered, that a grant in fee is ir revocable — except, perhaps, it be given under and by the "Higher Law." Who holds and owns in fee that fraction, or TRUE VINDICATION OF THE SOUTH 265 the whole, of Massachusetts' sovereignty? In order to deter mine this question, it is necessary not only to find the grantee but to decide its legal capacity to take and to hold indef easibly such a grant. To do this we must analyze the federal govern ment. This has been done in the chapter on State Rights, but a brief repetition here is advisable. In limine, it must be stated that sovereignty is not predi- cable of any one or thing except a sovereign. Therefore, the sovereignty, fractional or total, that Massachusetts donated is not in the Constitution. A paper — a writing — a contract — a compact, cannot be a grantee — ^much less, K possible, can it hold, exercise and enforce sovereign powers. But Massachu setts may have granted her sovereignty to the federal govern ment. A thing can not receive a grant, although some of our Northern miUionaires, by wiU, do bequeath their estates to cats. StiU, in the case of the cats, the bequest must have a trustee who takes the bequest and holds it for the feline beneficiaries. Again, even K a thing could take a grant it must be in esse and not in future. Grants caimot hang around like Mahomet's cofSn. When the Constitution was adopted, two years elapsed before the federal govemment camfe into existence. Where was the sovereignty Massachusetts donated, during those years? It was not in the paper on which the Constitution was written. Tf the govemment had not organized vrithin twenty or more years, where would have been the sovereignty of the States during that period? When the government was erected, according to the specifications the architects gave in the Con stitution, did the sovereignty Massachusetts granted by agree- mg to the Constitution, and which had been held somewhere m abeyance or in escrow, vest in the government? Sovereignty is not only immutable and indivisible, but it is "inaUenable". (Vattel.) CHAPTER XXXVI. SOVEREIGNTY AND ALLEGIANCE- CONTINUED. Sovereignty and allegiance are correlative. They are the perfect illustration of reciprocity. They are cause and effect. It is impossible for one to exist without the other. They are inseparable. When men come together and form an independ ent society they constitute a nation called a sovereignty. They may form a government of any type they prefer. They may rule themselves as a pure democracy, or select a Umited num ber, or choose one man, as their ruler. Tn the first case — a democracy — ^the sovereignty abides in the entire people who compose the society ; in the second, it is in tbe select few ; in the third, it is in the one man, as a king, or emperor. The instant the power of the people is conferred there exist sovereignty and allegiance. The sovereign is bound to protect tbe life, Uberty and property of each subject, or citizen, and each subject or citizen is bound to his sovereign to the extent of sacrificing property and even Kfe in support of his sover eign. Tf the State, or nation, be attacked by a public enemy, as tbe sovereign must protect and defend his State, nation, or kingdom, and as he thereby protects and defends his subjects, or the citizens, they are in duty bound to give their time, means and Uves, if necessary, to aid their sovereign. As sovereignty is indivisible, so is aUegiance. As sovereignty is inalienable, so is aUegiance. By this it is not intended to assert that a subject or citizen, by leaving bis country and becoming naturaUzed, can not change his allegiance. But imtil he shaU do that his allegiance is inviolable. Says Vattel: "The citizen or the subject of a State who absents himself for a time vrithout the intention to abandon the society of which he is a member, does not lose his privilege by his absence ; he preserves his rights and remains bound by the same obligations. ' ' From the foregoing laws of Nations it inevitably foUows that a subject, or a citizen, cannot owe allegiance to two sovereigns at the same time. As two half-sovereignties are ' TRUE VINDICATION OF THE SOUTH 367 impossible, so two half-allegiances are not known to the law. As aUegiance can not be divided between two sovereigns, there fore it is impossible for a subject or citizen to owe a greater part of allegiance to one sovereign, and the lesser, or remaining fraction of allegiance to another sovereign. Those truisms lead us directly to their application to our American dual — or State and federal — governments. If there had been no separate societies caUed States in 1787, and the people en masse had chosen delegates and had sent them to PhUadelphia to frame a Constitution, and the same people, by a majority vote, bad adopted the Constitution, there would have been, after the govemment had been organized, one sov ereign government, and every citizen within the boundaries of that govemment would have owed — ^not to the government — but to the entire people aUegiance, one and indivisible. That govemment — ^that is, the people actihg through that govern ment — could then have organized certain districts of the entire territory into States, or provinces, or arrondissements as the French did, and have conferred on each, at discretion, the right to exercise aU governmental authority named in the Act for their organization. This arrangement would,have been exactly simUar to what each separate State has done in organizing counties. In that supposed action we would have bad one sovereign and one aUegiance, and the construction of the dual forms of government would now be what Nathan Dane, in bis flight of fancy, imagined they are. But the order in time — the primogeniture — of the two gov ernments was exactly the reverse of the case supposed in the above and last paragraph. Tbe thirteen States came into life six years before the federal government appeared. These States were the parent and the federal govemment is their child. The man who denies this order of the beginning of the dual government disputes history as well authenticated as any m the annals of time. As each State was sovereign, free and independent before the Constitution was adopted, to whom did the citizens of each State owe allegiance? Did the citizens of Massacbusetts owe allegiance to New York, or those of New York to Virginia, or of Georgia to Massachusetts? The ques tion carries its answer. As well might we ask to whom does an Englishman, or a German, or a Russian owes allegiance. 268 TRUE VINDICATION OF THE SOUTH The main question now arises — ^to whom or to what did the citizens of the nine States owe aUegiance after they adopted the Constitution? Allegiance caimot be given to a paper — ^to a contract, or a compact. AUegiance is due only to a man, or men, to a ruler — a protector — a defender — of the subject or citizen. There can be no reciprocity unless there be protection in consideration for obedience. The Constitution could not protect, therefore there was no allegiance. This condition continued for two years. Then the federal government came into existence. Did its birth change the status of aUegiance? The NationaUsts assume without argument that it did. This is the difference between democracy and imperiaUsm — ^between Uberty and despotism — ^between State Rights and consolidated NationaUsm. This is the question that determines the difference between the right of a State or States to secede from the Union and the right of the States remaining in the Union to foUow them vrith hostUe armies to force them back in the Union. The difference between the right to secede and the right to drive back into the Union by war — ^the difference between lib erty and despotism — ^was Ulustrated in the conduct of two fed eral administifations, one succeeding the other; one that of James Buchanan, a Democrat and Statesman, safe and sane; the other that of his successor, Abraham Lincoln,-^an Aboli tionist, a Republican, an infidel, a pagan, "inordinately," "intensely," "overweeningly," ambitious; and the subject of melanchoUa so deep and persistent that his friends had to guard him to prevent suicide — an administration that furnished a bloody spectacle that shocked the friends of freedom throughout the civilized world. The Attorney General and legal adviser of one administration (Buchanan's) was Judge Jeremiah S, Black of Pennsylvania, her greatest lawyer, orator, statesman and controversialist, who advised the President in a well prepared written opinion that he had no right or power to make war on any State in or out of the Union; and the Attor ney General and legal adviser of the next administration (Lin coln's) was James M. Speed of Kentucky, who had held Lincoln in his dwelling in Kentucky during eight months under guard, and who says he had to remove from Lincoln's reach, razors, knives and aU dangerous weapons or tools to save him from suicide. Now to the main question: TRUE VINDICATION OF THE SOUTH 269 It must be borne in mind that the question of allegiance to be now considered relates to the citizen of a State and not to a State or States. States owe no allegiance to any one, or to any Power. Every citizen and every subject owes allegiance to some person, or to a sovereign power. A citizen can commit treason; a State caimot. A citizen can expatriate himself; a State cannot. A citizen can be prosecuted and hanged ; a State cannot. A State can not be sued in civil courts ; neither can a sovereign. This question was elaborately discussed by every Judge of the U. S. Supreme Court in tbe celebrated case of Alexander Chisholm vs. The State of Georgia, which case brought about the Eleventh Amendment to the Constitution, forbidding suit against a State. So tbat, the question just here and now, is, what change, if any, did the organization of the federal government make in tbe allegiance of a citizen of any State ? The writer has hitherto said that his aim is to make the discussion of State Rights, State Sovereignty and cognate ques tions so plain tbat men who are not lawyers can understand them. Hence, be, again, must bring forward and briefly re-state some facts and law already presented. The right of secession, as before stated, is not to be settled by tbe Constitution. The Law of Nations determines that question. And the law of p,l- '. ' legiance is found in the same Code — ^unless there be something m the Constitution that affects tbe status of the citizen. This possible distinction is based on tbe difference between the rights of a State and of a citizen of that State — some points of this difference being given in this paragraph. ^ Allegiance is due to that Supreme Power that protects life, (; liberty, property. Is this power for protection entrusted to the State, or to tbe federal government? It belonged to the States before they formed the federal govemment. Did they "grant"' that power — ^throw off that obligation — when they adopted the Constitution? When a citizen of Massachusetts is assaulted and beaten, or robbed, or an attempt is made on his life, to which of the two governments does be appeal for redress? Which one prosecutes the criminal and defrays the expenses ? Should • a citizen of Massachusetts have to sue to recover money or land or any other species, of property withheld by another citi zen, to what court does he resort — State or Federal? In all 270 TRUE VINDICATION OF THE SOUTH these cases the injured party must appeal to the State, The federal government is impotent. Which of the two owns the right of eminent domain — an attribute of sovereignty? The State, The federal govemment cannot enter a State and take possession of land for a fort, or a lighthouse, or an arsenal, or a mint, without the assent of the State expressed through her legislature. It cannot get possession of private property of any citizen in a State without paying fuU value. Its judiciary can not try a case requiring a jury without tbe aid of citizens of the State in which the case must be tried. Tn fact, and finally, (as previously shown in the chapter on State Rights) the fed eral government cannot exist without the voluntary action of a majority of the States. Destroy the federal govemment and the autonomy of States would not be affected in the slightest degree. Their citizens would be inconvenienced in many ways, but the sovereignty of each State would be perfect. But no inconvenience can possibly be considered in deciding this question, ' The purpose of the States in creating a federal govemment was exclusively for their own benefit and convenience. That government derives no benefits by its existence. Its machinery, its operations, its powers, were intended to be for the good of the citizens of tbe States. It has no separate citizenry to serve, or to tax, or to punish, or to make war. Its right to adjudge, to use the writ of habeas corpus, to make and enforce laws, was delegated that it might be of service to the citizens of the States, No intelligent man can dispute or even doubt these proposi tions. Can allegiance to sucb an agency be predicated? Is it due to the President? He has, in bis own right, not one attri bute of a sovereign. Does the delegated power^to make laws, confer any sovereignty on Congress? Is the limited jurisdiction of the federal judiciary one of the attributes of sovereignty? The States said, wl;ien they created these three functionaries: "You can exercise the limited powers hereby entrusted to you BO long as we consent, or until three-fourths of us decide to take one or more from you," Is allegiance due to the supreme au thority of a society, or to a creature formed by that supreme authority, which can change, or diminish, or destroy its ovm handiwork? CHAPTER XXXVn. CITIZENSHIP. We come now to consider citizenship. The words "citizens of the United States" and "citizens of a State" are used several times in the Constitution. From this it is contended that there are two separate and distinct citizenships in this country. From the latter view has arisen the political heresy that a citizen of the United States owes prior allegiance to the United States, and a secondary and subordinate allegiance to his State. On this theory was based the charge that every citizen who adhered to his State during the War Between the States or, as the Nationalists view it, between the federal govemment (a Nation say they) and the Southem States, was a Rebel and a Traitor, We can get light on this supposed dual and superior and infe rior status of a citizen by devoting a few moments to the raison d'etre of the Union, the motive that impelled the States to form a Union, The thirteen States, each sovereign and with aU the duties and obligations thereby imposed, and each standing alone, weak and open to destruction or absorption by any for eign Power, concluded it would be to the interest of each to unite their strength. Another reason was the inevitable squab bles and conflicts that must occur between thirteen little nations huddled together — tbe strong, through ambition, or lust for power and gain, attacking and conquering the weak. Hence they agreed to have a common representative to deal with for eign nations and to insure domestic tranquility. The flrst of these two purposes made it necessary to pro-ride for immigration and to give AmericaiJ protection to all immi grants who should desire to become citizens. Hence, the power to naturalize foreigners, instead of being exercised by each State for itseK, was conferred on one of their triple representa tives — ^the Congress, So that when the flrst immigrant was naturalized under a law of Congress, he became an American citizen, and, as such, was entitled to such protection of Ufe, liberty and property as the federal government, under its lim ited authority, could extend to him. But that naturaUzation 272 TRUE VINDICATION OF THE SOUTH did not make bim a citizen of any State; nor was it possible for him to be a citizen of the United States, or States United, as tbat would make him a citizen of thirteen States. And, yet, he occupied the position of a citizen by and through naturaliza tion. That is, he could claim tbe protection of the federal gov ernment so far as it was vested with authority, vrithout being a citizen of any State, After naturalization he could go to Canada or Mexico to engage in business, and that protection would attend him. If he should enlist in the army or navy and be captured by his former sovereign, he would be entitled to the treatment accorded tp prisoners of war under the laws of Nations, If he should desire to return to his native land, he would be entitled to a passport issued by the Secreary of State designating him "an American citizen," So that, in one sense, there are two citizenships in the territory caUed the United States — one a floating, federal citizenship, the other attached to that sovereign body, tbe people and citizens of a State, We return now to the Constitution to learn what its authors meant by the words, "citizen of the United States," In Art, I, Sec, IT, we find their meaning. "No person shall be a Rep resentative (in Congress) who shall not have attained the age of twenty-five years and been seven years a citizen of the United States." The meaning of "United States" is a matter of arith metic. The States bad not been united under the Constitution two years before the first Representatives were sworn and took their seats in Congress, Thus it was mathematically impossible for a Representative to be "a citizen of the United States" for seven years before the first Congress. But he could have been a citizen of a State longer than seven years in the opinion of the framers of the Constitution, who bad declared each of the coloiues a "free, independent and sovereign State" in the Art icles of Confederation formed in 1777 — ^tvvelve years before the first Congress. From this review of the word citizen and its connections in tbe Constitution, it appears that before the Fourteenth Amendment made after the war between the North ern States and the Confederate States, there were no citizens except those of the several States, and the few naturalized citi zens before they selected a State to become citizens of it. This condition of citizenship was admitted by the AboUtion fanatics TRUE VINDICATION OF THE SOUTH 273 and they, therefore, drafted the Fourteenth Amendment to create a dual citizenship in these words: "All persons bom, or naturalized, in the United States and subject to the jurisdic tion thereof, are citizens of the United States and of the State wherein they reside." CHAPTER XXXVm. MORE AS TO SOVEREIGNTY— THE MOST SIGNIFICANT AMENDMENT. The first amendments (ten in number) were made to protect citizens of the States from oppression by the federal govem ment. I have already quoted and given the number of the inhibitions laid on the government by the States in those amendments. Article XI is the most significant of all, and, in this discussion of sovereignty of each State after the Constitu tion was adopted, requires special notice. It is this : "The Judicial power of the United States ehaU not be con strued to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of an other State, or by Citizens or Subjects of any Foreign State." (The capital letters are given as in the amendment.) This amendment was adopted to repeal a power given in the original, in 1787, to the Judicial Department of the federal government in and by Article 3, Section 2, in these words: "The Judicial Power shall extend to aU cases, in Law and Equity * * * * between a State and Citizen of another State * * * * and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects." The difference between the original power and the amend ment is infinite: that ia to say, it is the difference between something and nothing. By the original grant of power to the Judiciary, a State could be sued by citizens of another State, and by citizens or subjects of any foreign State. Why was this amendment made ? ' It was because no sovereign can be sued in law or equity without his express assent. This exemption is one of the immutable rights that pertain to and is a part of sovereignty. After consideration, between the adoption of the Constitution and the meeting of the first Congress, the States saw that, by that delegation of power to the federal Judiciary, they bad surrendered a most important sovereign privilege or exemption, and as soon as they could act, they resumed it. TRUE VINDICATION OF THE SOUTH 275 Amendments I, II, III, IV, V, VI, VH, VIII, are to protect individuals from oppression by the federal government. Arti cles IX, X, XI, are a declaration of State-rights or of sover eignty, and XII regulates the election of President and Vice- President. If it be trae, as contended by the Nationalists, that "the people" made the Constitution, and that every power spoken of therein was granted in perpetuity to the govemment, and as one of those powers granted to the Congress was — ^"to make all laws which shaU be necessary and proper for carrying into execution the foregoing powers, and aU other powers vested by the Constitution in the Government of the United States, or in any Department or Officer thereof;" and, as the Congress was made the judge of what laws are "necessary and proper," does it not follow, logically and legally, that the Congress under that unrestrained discretion had the indefeasible power to regulate criminal procedure in the federal courts for trial of aU grades of crime: to say how and where troops could be quartered; to say whether the people might keep and bear arms; to say what amount of bail should be required; what fines should be imposed ; what punishment should be inflicted ; to say what should be freedom of the press and of speech? Do not all these powers belong, by the Law of Nations, to sover eigns? If so — and who can deny it? — was not tbe Congress, by that grant of power to make all laws it might decide to be nec essary and proper, vested with one of the rights and privileges of a sovereign? And as a sovereign power is "immutable," "inaUenable" and perpetual, how did it come about that "the people" who had given that power, could, within two .years, say — ^not to the Congress alone, but to that "sovereign Federal Government:" "You shall not do any one of the acts named in eight of these amendments made by us?" But the National ists and Imperialists may. answer that "power to legislate on the subjects specified in those eight amendments is not named in terms among the many powers expressly granted in Article 1, Section VIII. They were overlooked by "the people" when they wrote the Constitution, and not being specifically granted "the people" did not withdraw, or deprive the Congress of, a granted "sovereign power." Nor did "the people" expressly 276 TRUE VINDICATION OF THE SOUTH give the Congress power to take their money, and make a gift of eight hundred thousand dollars to the subjects of Italy and Sicily, but a Congress of Nationalists said they could lawfully do it and they did it. Nor did "tbe people" grant power to the Congress to make a gift of their money to President Taft to spend in touring the country to get himself re-elected, to keep the Nationalists' hands in the treasury. If this Congress of Nationalists had lawful power to give away $25,000 to Taft, could they not lawfuUy give him $250,000 or $500,000? The answer by the Nationalists is not supported by law in or outside the Constitution. The gifts to the people of Italy and SicUy, and to Taft, if not midday robbery of "the people," were not made by right of any power given to the Congress. They gave away the people's money on the assumption by Nationalists that the Federal Government, as soon as organized in 1787, became instanter a sovereign over and in control of the States, and, as a sovereign, has the right to give away "the people's" money to any one the Congress may decide to favor, or to enrich. It is not surprising that a Congress of National ists, in order to hold despotic rale, should believe they have the right to do as they please with "the people's" money, but it shocks the conscience of all men, not Nationalists, that a lawyer and a Judge should take money thus filched from "the people." But even if the answer of the Nationalists that there had been no express immutable and perpetual grant to Congress over tbe many governmental regulations named in the eight amend ments, and tbat, therefore, no inhibition was placed on the sovereign Federal Government until those amendments were adopted, that answer is of no avail to the eleventh amendment relating to suits against a State, That amendment raised and settled for such time as the Constitution shaU be respected as law, the question of State-Rights, State sovereignty, and of sovereign power claimed for the Federal Govemment by Nationalists, A statement of the facts of the record is all the demonstration that argument of any length could establish, "The States "^Mr. Webster's sovereign "people" — de clared in and by the Con&titution in 1787 that "the judicial Power of the United States shall extend to all cases in law and equity between a State and Citizens of another State, and be- TRUE VINDICATION OF THE SOUTH 277 tween a State, or the Citizens thereof and foreign States, Citizens, or Subjects." In 1798, the same States — ^Webster's sovereign "people" — made another solemn declaration that the judicial power of the United States "shall not be constraed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any Foreign State." Is argument needed to r-onvince even Nationalists that the amendment of 1798 repealed that part of paragraph I, Section II, Article III of tbe Constitution, just quoted, that was adopted eleven years before this amendment was made ? The Nationalists, though wild, and damners of the Constitution as "a covenant ¦with Death and an agreement with Hell," are not idiots. But what does this amendment establish? It proves, as clear as reason can establish any proposition, that Mr, Web ster's "the people" did not grant to the Federal Govemment, or to the United States, any power that "the people" cannot take away at wUl, for the power to resume one grant necessarily can take away another grant. If the Federal Government, or its Judiciary, hold that jurisdiction is a sovereign and immut able right,, why did it, without a straggle or protest — yes, dumbly — ^permit the States to wrest that sovereign right from it? The reasons have already been stated in the chapter on State Rights. It was because "the people," as a single aggre gation, did not and never did exist. It was because the people, as a body, had no voice in making the Constitution, It was be cause the people in each State, holding in themselves the sov ereignty of the State, made the Constitution. It was because the States acting together made a Constitution and erected on it a government which they through their own citizens were to conduct, regulate, and have entire control of. It was because the powers committed to the federal govemment were to be exercised by certain of their own citizens to be selected and appointed at stated periods by the States themselves. No re sistance was made to the withdrawal of that Judicial authority, because there was no separate people, or sovereign, in existence to raise a hand or voice. The only people, or sovereign, or thing that could object, or could speak, was the States, who decided to undo what they had done. The Congress, the ser- 278 TRUE VINDICATION OF THE SOUTH vants of the people, acted with tbe people to destroy the judicial power. The so-called sovereign Judiciary was the creature of the sovereign people, who withdrew its rights to have jurisdic tion over a State, We reach the reduetio ad absurdum of the Nationalists' contention when we run against the inevitable proposition that "the people," or the States, when they at tempted to grant inalienable and perpetual powers to the federal Government or the United States, as contended, were attempting to grant that power to themselves. Again, it was because there was no grant made by States of any power. They appointed one agent to act for all the States, The States so said in terms in Article X of the twelve amendments. The States or people of each State, speaking vrith unanimity, declared: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people," "The powers not delegated," Powers are delegated to a delegate. Who and what is a delegate ? Noah Webster defines a delegate to be "one appointed and sent by another vrith powers to transact business as his representative; a deputy; synonyms — deputy, representative, commissioner, vicar, attor ney, substitute." Under the verb "delegate," he says: "To depute; appropriately, to send on an embassy; to send with power to transact business, as a representative. "2: To intrust, to commit, to deliver to another's care and management ; to delegate authority to an envoy, represent ative, or judge." He defines an agent to be (head 3) "a substitute; a deputy, one intrusted with the business of another; one who acts for another, as his representative," The States declared — "The powers not delegated, intrusted and committed to the United States by the Constitution — " The word "delegated" is the voice of an interpreter. It interprets the entire writing called the Constitution. "The powers," include all powers — each and every power "not dele gated." It is not speaking of the Present, but of the Past. The States, clothed with absolute sovereignty, declare: "The powers which we delegated, two years ago, in and by our joint contract, compact, or agreement, by which we created an agent TRUE VINDICATION OF THE SOUTH 279 to transact certain of our business, are specifically set forth in that writing." This is the voice of the States giving their construction of what they intended to do and did when they agreed to do, through a common agent, certain business for their "mutual protection and advantage." They put no time limit on the agency — ^that is, as to the length of time the agency, or machinery through which their business was to be done, should continue, but they agreed to dismiss their agents (rep resentatives) every two years; their agent, (the President) every four years; and their Senators every two, four and six years. Their other agents, the Judges, could continue "during good behavior." For the construction of a ¦written instrument, there cannot be any evidence of its meaning so high or authoritative as the unanimous testimony of those who made it. Every court in Christendom has declared that evidence to be conclusive. The States unanimously declared that they had only "d61egated" to the Congress, the President and the Judiciary, the exercise of a few of their powers ; and had expressly reserved the exer cise of all other powers. Tbe power of a sovereign to dismiss an agent and to terminate the agency was never questioned, or doubted, until Mr. Webster, in the brief of a hired lawyer, con tended in 1833 that the agent could compel its principal, its master, its creator, to obey a law which its creator adjudged to be contrary to instructions which the principal had given in unmistakable language, A hypothetical situation, or condi tion of State affairs, vrill show the unsoundness of Webster's bought opinion. It is this: Suppose that all the States had nulUfied the tariff Act and refused to let it be executed within their borders. Would the legal aspect of the situation be changed from what it was when one State — South Carolina — nullified? If so, it is for Nationalists to show the difference. South Carolina asserted a State right — ^the right of a sovereign, and the undoubted right of a principal, on the assumption that the federal government was and is the agent of the States "without an interest coupled" with the agency. If all the States — if half the States, each acting separately, can nuUify, why has not one State the same power or right? If all the States had nulUfied that tarirf Act, would it have been the duty 280 TRUE VINDICATION OF THE SOUTH of the United States, through tbe goivemment at Washingon, to enforce the law to collect the custom duties? If one were lawless, would not two nuUifiers be lawless? Would not haK? Would not all ? The Nationalists ' reply is that ' ' a State cannot nidlify," (which is begging the question) "cannot commit treason; the people, the individuals who resist would be the traitors. President Jackson did not say he would hang South Carolina. He said 'I wiU hang Calhoun.' " In the case supposed — of nullification by aU the States-^ whom would Jackson have hanged? The people of aU the States — all the people of all tbe States who defied the tariff law ? Could the agent hang his principal because he refused to ratify an act done by tbe agent which tbe principal asserted exceeded the authority he gave to the agent? But that is not tbe chief fault in tbe contention by Nationalists. They must show bow tbe sovereign United States can enforce obedience to the law. Where could the President get an army? The States, says the compact, supply all soldiers. The president has to request the Governor of each State to lend bim men called sol diers. The Governor alone has the right to call on citizens of his State to enlist. He alone can appoint Colonels, Captains, Lieutenants, The Governors of the New England States re fused to furnish troops to President Madison in 1812, and the "Sovereign United States" had to submit to John Fiske 's little dependencies (the States) that are not quite so much "media tized" as cities and counties, and tbat gave away, like spend thrifts, to their creature in 1787, tbe most, the best, the highest attributes of sovereignty each held; yes, stripped themselves of the powers necessary to seK-preservation — ^that, by the high est law on earth, "The Laws of Nations," are "immutable," "indivisible," and "inalienable;" the power to make war, to coin money, to levy taxes, to make treaties, to own a warship — and are now little Persian satrapies, Roman provinces, arron dissements, or cantons; "little stars revolving around and ex isting by the light and heat of the Central Sun at Washingt6n" — all under the control of the sovereign Nation — ^the World Power — the Empire — whose throne is in the White House ! CHAPTER XXXIX. ABRAHAM LINCOLN. "We are the creatures of circumstance and passion." The truth of that axiom was never better exemplified than in the career of Abraham Lincoln. On tbe current of Time, when unraffled by gales of passion ; when the roar of battle has died away and the rumbling of commerce has followed; when the door to the temple of Janus has been closed long enough to creak on its rusty hinges, millions of men have come, played their parts on the stage of IKe, and passed, leaving nothing but a brief and loving epitaph, who were superior in every par ticular, mental, moral and physical, to the subject of this notice. Had the Commune not taken control of Paris ; had the red cap, that portent of blood, not been the patriots' insignia of power; had not the Menads, fierce and furious with hunger, kindled fire in the hearts of the sans-cidottes, — ^the incomparable Cor sican would, no doubt, like Desartes and Leverrier, have filled the chair of Mathematics in a coUege, and might bave discov ered the planet Neptune, Had not Harriet Beecher Stowe given birth to that fox and tied fire to its tail, and tumed it loose in the Northern prairies ; had not a madman attempted to incite negro insurrection in Virginia; had not the Democrats in convention failed to make a nomination in 1860, the fame of Abraham Lncoln would bave drooped at the confines of Illinois, and the savor of his name would have lingered and perished in the western haunts con genial to vulgar and obscene anecdotes and stories. But cir cumstances and fanaticism took him as he was, and raised him to the pinnacle his vaulting ambition coveted, and whence the bullet of a madman apotheosized him. The dead Lincoln has aroused enthusiasm to the degree of a craze. The bibliography of Lincoln written during forty years is quadruple that on Washington during 113 years. In fact, Booker, the negro, is a close second in popular favor, in the Northern States, to George Washington. Andrew Carnegie, as reported by the press, after a careful analysis of the white and the black Washington, 282 TRUE VINDICATION OF THE SOUTH gave it as his deliberate opinion that the negro is a few laps ahead. This was said just after a few words from Booker had so amazed the ignorant Scot, that he jerked out $650,000 and donated them to his wonder, Booker — ^more amazed by such waste of money, thinking he might be required to build and keep up an Infirmary for Fools, and probably have to take care of this spendthrift in his old age — after getting his breath, asked what the check was for. "For you, or your school, just as you vrish." It seems that the glory of the Founder of the Republic of American States was eclipsed when Lincoln by war destroyed it, and raised the federal government — ^the creature of the States — ^to the rank of a sovereign Nation over and controlling the States, This was bis opinion expressed in bis Inaugural of March 4th, 1861, and that opinion was his justification for making war on the seceded States before getting authority from Congress — ^the only tribunal that can declare war, and that only against a foreign nation. But I must not discuss the law at this moment. These worshipers of Lincoln dead, turned their backs to him until his tragic taking-off. When he was nominated for the Presidency in 1861, the Northern press was cachinatory over the absurdity of such a hoosier at the helm of State even in a calm; what could he do in a storm? The walks of private life, the highways of commerce, hummed and echoed with "rail-splitter"— "gawk" — ^"Hoosier" — ^"a walk ing cyclopedia of dirty stories" — ^"an ignoramus" — aU true except the last. When Lincoln opened the ball with 17,000 sol diers at Bull Run — ^fanatics at the head of whose frantic column he stood like Lucifer "proudly eminent" — and marched over the Constitution into Virginia, the hilarity was hushed, the comedy, through ambition, had in a twinkling become the trag edy, not for one to be stabbed, but in which nations had been kUled, When that Sabbath sun— that had looked on the thou sands of Uvid faces tumed to him as K praying for life — ^went down, and the thousands had been scattered as chaff; when the women, arrayed as lilies never are, with their Beaux BrammeU as butlers to pour the champagro and serve the luncheon, drove out from Washington that hoUday to rejoice at the butchery of their betters, and to wave their satins and silks, as the Rebels TRUE VINDICATION OF THE SOUTH 288 were captured and marched to the tune of traitors and rogues, and the race began between iiKantry, carriages with guns, and carriages vrith Brummells and disheveled women — ^too pale to weep — ^to reach Washington, the curses then poured molten on Lincoln and his fanatical mob were such as no American, except Benedict Arnold, had ever evoked. That was but the opening fusillade. From that day to the middle of 1864, a cannonade of abuse saluted him. "A fool," "an ass," "an idiot," "imbecUe," "constantly swapping Gen erals," not regarding his old saw — "not to swap horses while crossing the branch," "not fit to govern a cage of cubs," "why run down deserters — ^he'U turn 'em loose." Thousands wished to get rid of him, but the only road to send him away was through the baUot box. He was vilified throughout the Union. Strangers, judging by the language, and not knowing of whom it was spoken, would have believed a villain, a pirate, a cracks man of a hundred banks, or an idiot was the offender. These anathemas were thundered through the Northern press for near three years. When it became evident that the Confederate States, from exhaustion, could not maintain much longer the principle of sovereignty of the States they liad advocated in the Union for seventy years, and had endeavored to uphold out of the Union, the abuse of Lineoln became less violent, and finaUy simmered do^wn when General Lee surrendered. Then, the negroes being freed, as the fanatics believed, by Lincoln's buU caUed the Emancipation proclamation ; and The Nation, as they styled it, being saved, abuse and vilification changed to commendation, then to praise, until, rising on the unsubstantial fabric of enthusiasm, bis late traducers discovered ¦ Lincoln to be a hero. So he stood until bis unfortunate end at the hands of a madman. Then, with clamor and shout for revenge and blood, came the erstwhile calumniators laden with wreaths of laurel and bay, songsters reciting poems, orators crammed with historic examples of heroes, great warriors, statesmen and saints, to find a paraUel to the man who had "saved the Nation and freed the negroes," When a man persistently abuses a neighbor for years and, on receipt of a benefaction believed to come from the hands of that neighbor, suddenly changes from abuse to unbounded 284 TRUE VINDICATION OF THE SOUTH praise, and then to hero-worship, who shall say whether the abuse or the praise is based on truth? When a large aggrega tion of men pour vials of wrath on one in authority over them for years, and they suddenly receive an invaluable property made by the operatives in tbe corporation of which their quondam villain is president, and, from vile slander, the recip ients of the property shout his praises on bended knees, who can decide whether the abuse or the praise was deserved ? Cer tainly both cannot be trae, Tbe supposed invaluable property was the "Nation saved," and the imagined Savior was Abra ham Lincoln. A greater deception no people ever practised on themselves. No more delusive dream ever possessed the brain of an enthusiast, Lincoln the Savior of the "Nation?" Lincoln a great General? Lincoln another Washington, another Marl borough, another Wellington, another Lee? He was a wonder ful cyclopedia of anecdotes and homespun stories — ^the major ity shockingly obscene, but to say he was in any dense a warrior is tbe cruel flattery of a sycophant. One of the substantial grounds of abuse throughout tbe North was his ignorance of the art of war. He has been lauded as an almost infallible judge of men — ^that, too, in the face of his continual blunders in choosing men to command armies. Did be exemplify his marvelous judgment when he removed General after General over tbe army in Virginia? If so, what shall be said of McClel- lan, of Pope, vrith "Headquarters in the saddle;" of Halleck, and Burnside, and Meade, and, also, of Banks, tbe "Confeder ates' Commissary" in Louisiana? Born in the lowlands, Lincoln was early infected by their mephitie exhalations which became pestilent to companionship in every walk and station. No change of position, no height of official elevation, could ameliorate it. The polish usually given by contact with refinement, the respect due from youth to age ; tbe reverence that aU, young and old, pay to those who try to lead the world to Heaven, produced no more effect on his natal and social proclivity than do rain-drops on the armadiUo. As tbe lower insect and crawling world are by instinct dravra to and feed on putrid things, his associates gathered to and clung to him, attracted by the foul drippings from his tongue. The atmosphere of the West, before Lineoln was known beyond the TRUE VINDICATION OF THE SOUTH 28B borders of lUinois, was saturated and reeked with his stories so delightful to the vulgar and salacious appetite. I have said this infection continued fi^om youth through life. One instance ia sufficient proof of this assertion. During the war, some young men of Baltimore, who as Christians had become sickened by its bratality, held a meeting at which the Rev. Mr. Fuller, pas tor of the Presbyterian Church, tlutaw Place, was present to take counsel tp decide if they could do anything to diminish the horrors of the war. They decided to send a committee with the Rev. Mr, Fuller at the head, to see President Lincoln, They went — caUed at tbe White House, and the chairman spoke in behalf of those Christians, Lincoln heard bim in silence. When Mr. FuUer concluded, Lincoln without comment or reply, said the* CHAPTER XL. LINCOLN VIEWED IN DIFFERENT ASPECTS. The annals of all history show no prototype or counterpart of Abraham Lineoln. In every aspect he was sui generis. There have been men of even greater monstrosity in one particular; but, in his triune assembly — ^physical, mental and moral — ^he stands alone. In every physical attribute he was abnormal. He was six feet four inches in height; his arms were long Uke those of the gorilla; his hands very long with uncommon pre hensile capacity ; bis legs out of proportion in length ; his trunk short ; his chest very narrow betvveen the shoulders, and from front to rear simken as vrith consumption. His face had not a normal feature; his nose stood away to the right like the im mortal nose of Jack White; his ears were very large and set at right angles to his skull; his mouth was misshapen; his fore head retreating; his eyes small and chin projecting; his feet large and he was stoop-shouldered — ^his voice was piping, and his gait ambling, shambling and rambling. His moral side was worse than his physical. He was amiable with men, but cruel and perfidious to women. To creditors he was true, to women he was false. He tmderstood the obligation of his promissory note, but for his promise of marriage, he had no sense of honor. He knew nothing of the fitness of timie, place and subject. It was all one to him whether he told his filthiest stories to a preacher, on the hustings, or in a barroom. In his letter to Mrs. H. 0. Browning, he makes cruel sport of Miss Mary Owen, who had rejected three times his offer of marriage. The letter is an attempt at vrit. Although a pitiable failure as vrit, it is proof of malice and of -vulgarity, baseness, indecency and savage nakedness of soul. It is a shocking revelation. His vile thought was insulting to Mrs. Browning. The language deserves execration even in a bawdy-house. No people who respect and honor women would tolerate such an untutored savage. No woman should mention his name in praise until TRUE VINDICATION OF THE SOUTH 287 veUed to escape identity. The letter in full is in the Appendix to this book. It is given as his own contribution to the cloaca of his thoughts, and a commentary on the refinement and in teUigence of Lincoln's paean-singers and worshipers. It is claimed that he had a strong will ; that he was slow in reasoning, but, a conclusion once reached, no man could move him. This is not a bad definition of obstinacy, or of stubborn ignorance. "A -wise man changes his mind — a fool, never." This quaUty, however strong, has never made any man great, Lincoln was a fatalist. He was in no sense a Christian, He rejected all religious creeds. He maintained as a part of his moral code that the most benevolent acts were dictated by selfishness. This gives the key to his desire to free the negroes. He was the victim of many superstitions. He often told his partner he would die in some horrible manner. When he left home to become President he said he would never retum alive. On the quality of the third of his triune attributes — his mind — ^there was and is diversity of opinion. He was never a student, although anxious to be a scholar. Herndon says he never read any book from beginning to end. Yet he was a dili gent reader. He always read aloud. Often, while Herndon was busy studying a case, Lincoln would lie down, prop up his heels, and when apparently in deep thought he would burst out in loud laughter at gome dirty story. He would delay cUents from giving the firm business, to spin yams ; and although he would repeat stories a hundred times, he invariably laughed as loud and as long as any listener to whom the story was new. He had but one rival in thus applauding his own performance. The State of Georgia produced a black negro who was blind, and an idiot in every respect except in music. He was called "Blind Tom." As a musician he was the most wonderful of all musi cians. He toured America and Europe. When he finished a piece he would rise from the piano stool, clap his hands and applaud as wildly as any of his audience. Herndon says his partner "was inordinately ambitious." That passion "to figure in the world's eyes" mastered aU others. The aUurement of political office caused neglect of the business of life. Defeat could not abash him. He rose from the ground to pursue office with renewed energy. But his mind 288 TRUE VINDICATION OF THE SOUTH was overshadowed. He was pursued in every position in life by melancholia — a grade of insanity. He told his intimate friends he dared not carry even a pocket knife because he feared he might commit suicide. As to whether the bar sinister attached to his birth preyed on his mind, or melanchoUa was innate, there was difference of opinion among those who knew him best. This dark shadow enveloped him when he emerged from the cave of his birth, and it may be truly said that "MelanchoUa claimed him as her own" to the hour when his presentiment of a -violent death was resolved into prophecy. The assertion that he was perfidious and dishonorable to women must not be left supported only by his letter to Mrs. Browning, mocking and ridiculing Miss Owen — ^his second love. That puts him under the ban of all who are not touched with negrophilism to the extent of fanatical blindness and of insensibUity to decency, and to what is due to their own mothers, wives, daughters and sisters. But his conduct in his third affair of the heart, if it may be so dignified, was as dishonorable as it was cruel, and as cruel as a stab through the heart by an Apache. Lineoln, in his boyhood, led the life of a vagabond — ^that is, his career was aimless. He was like driftwood. He had no steady employment. He split rails. He drifted down on a raft to New Orleans for $8.00 per month. He umpired dog-fights^ cock-fights, wrestling matches and foot-races. He clerked in a store awhile ; then cut cordwood. He and a Mr. Berry bought on credit the stock of a failing store-keeper, and whUe Lincoln engaged customers at one end of the store with -vulgar tales and politics. Berry, at tbe other end, was drinking up the stock of whiskey. It needs no historian to write the epitaph of the firm of Lincoln & Berry. When Black Hawk, the Indian Chief, crossed the Mississippi, east, in violation of the treaty, Lincoln became a warrior. His company marched and counter marched — ^feeding on the fat of the land — ^but could not see the Indians. But the Union got the benefit of Lincoln's experience in mer chandizing and in that war. It equipped him to manage vrith brilliant success tbe business of the federal government, and at the same time to maneuver three million warriors against the South. The world has been assured a miUion times that he TRUE VINDICATION OF THE SOUTH 289 saved the Union. But his panegyrists are not just to the firm of Lineoln & Berry and to Black Hawk, to whose training Lin coln's ability as a sa/vior was due. He had three thriUs of the heart before it was calmed by matrimony. His first love was Miss Anne Butledge — a fair, fragile beauty. Whether they were ever plighted is a mooted question. But she wasted away, and in 1835, with the Autumn leaves, she perished. The second was Miss Mary Owen of Ken tucky, to whom he thrice offered the crown, and who, like Cae sar, thrice refused to wear it. Of her the brutal letter was written by the rejected lover to Mrs. Browning. Miss Owen was intellectual, was highly educated, and possessed much of this world's lucre, of which Lincoln had none. The third was Miss Mary E. Todd of Kentucky, whose lin eage alone was a rich legacy. She was educated in a convent in Kentucky, spoke French Uke a Parisian, and of her ancestors in the maternal line two had been Goveriiors, and one Secretary of the Na-vy under President Tyler. Her sister had married a Mr. Ninian Edwards and they resided in Springfield, Illinois — Lincoln's home. On a visit to her sister. Miss Mary and Lincoln met. To shorten the story, Lincoln offered his hand and heart. She could see nothing in him that evoked any responsive emo tion. But after importunity for months by Lincoln and his friends, she assented. The day for the wedding was appointed. Mrs, Edwards went to the trouble and expense of renovating home and furniture, A feast rich and bountiful was prepared. Invitations went into Kentucky as well as through Springfield. A minister was engaged, and the hour set for the joyous cere mony. On the appointed night the feast was spread, the invited guests assembled and the minister was promptly on hand. The bride expectant sat with several selected bridesmaids in a room separate from the guests, awaiting the hour appointed. The happy hour struck, but the bridegroom had not arrived. Con versation was resumed but it was spasmodic. The quarter after was marked off by the hands on the dial, and the bridegroom was stiU delinquent. Whispered surmises floated around the room. ' ' He must be unavoidably detained ' '— ' ' Something very unusual has occurred" — ^"It may be he has suddenly become sick." Conversation languished. Time tolled off a haK-hour 290 TRUE VINDICATION OF THE SOUTH — but the bridegroom did not relieve the tense anxiety. "Oh! he'll be here soon" — "he's a man of the highest sense of honor. Be patient." Who but a woman can Imow the emotions of that bride expectant at that hour — ^wavering between faith and doubt, hope and fear, shame and indignation? The tension grew painful. An hour passed. Then the chivalry of man for woman flamed up. Young men rushed to the street and, scat tering, began a hot search for the culprit. They visited all known haunts of the story-teller — inquired of aU passers-by — and returned vrith imprecations to inform the bewildered as semblage that they found no trace of the betrayer of the betrothed. CHAPTER XLI. ABOUT LINCOLN'S PUBLIC RECORD, AND A PURITAN ABOLITIONIST'S VIEW OF PROPERTY AND TITLE. The world, since the war of Abolition, has heard nothing but praise of Lincoln. As "no man is perfect — no, not one," there must be another side to this wonderful mortal. If there be — and as biography is the base of all history — any acts or sayings that can supplement what has been written and spoken of him should be made a paii; of history. Audi alteram partem — "hear the other side" — ^is a -wise maxim of the Romans, in tended to establish justice. There is not much to be said that is not praise — would there were none — ^but that little may be instructive and iUuminating, though not acceptable^ to hero- worshipers. Infatuation is an ailment difficult to cure. It borders on another malady which prompted the vrisest of poets to -write — ' ' Canst thounotnunister to a mind diseased ? ' ' Indeed, when infatuation fastens on a Uving object, nothing can shake it loose but a rude rebuff, or shock, by the object itself. As the subject of this unbounded admiration has passed from earth back to earth, there can be no rebuff — ^no shock. Rather, as the tender roots of a near-by tree, seeking nurture, pierce the new-turned mold to reach the inanimate dust it sheltered in Ufe, and flourish by what they feed on, so this passion that required Caesarian surgery by Death to give it birth, now descends into the grave and hourly grows on the meager glory it finds buried there. Without resort to records made by ful some flatterers, or sincere adorers, or by the pestUent parasites that feed on real or imaginary greatness, I shaU confine this presentation of Lincoln to the public record made by himseK and his friends. The deductions made therefrom must stand or faU on their merits. The record no worshiper can be mad enough to deny. 292 TRUE VINDICATION OF THE* SOUTH Mr. Lincoln was a lawyer. He had studied the Constitution of the United States. He was a close observer. He knew well the political situation in the Union; the causes of sectional di vision; the intense feeling on both sides. He knew the South did not import negroes and make slaves of them. He knew New England had begun that traffic and kept it up from 1636 far into the nineteenth century. If he read the history of Massa chusetts, he knew that she, as a body politic, estabUshed the slave trade for profit, and that she never repealed by statute, after repeated attempts, negro slavery. Bom in 1809 he lived through the entire period of sectional hostility brewed by slav ery. He was 21 when the Hayne- Webster debate occurred. He saw the rise of the anti-slavery movement — saw it take form- was of age when Lovejoy, one of the first agitators, was mur dered in Lincoln's own State — Illinois, He saw abolition so cieties start and grow into thousands. He knew that the Constitution recognized the negroes as personal property, and provided that slaves escaped into free States should be deliv ered to their owners. He knew of the "Underground Rail road" — tbat it was used to aid thieves to carry the slaves to free States and Canada. He knew the criminal laws and what was defined as theft, and that men and women were engaged in stealing slaves (personal property) and sending them into Canada. He knew that act was theft and that the actors ("let the galled jade wince") were thieves. Of these criminals he, also, knew the Abolition Party was composed, and that they were of his supporters when he was nominated and elected President. He knew they were of the breed of New England religious fanatics, and that religious fanatics believe, as did and do the Puritans, that what they do is approved by God, and they stop at no barriers and obey no law exept their own will. He knew that, from the first Congress (1789) to 1860, thesj fanatics petitioned Congress to abolish negro slavery, and that, as he often said in his debates with Stephen A. Douglas, Con gress had not the power to abolish, or in any wise to interfere with slavery in the States. He was in Congresa m 1847-9 ami heard these petitions read. In proof of the lawlessness and murderous intent of these fanatics, he had before him the in- TRUE VINDICATION OF THE SOUTH 293 vasion of Virginia by John Brown and followers, to massacre men, women and children, and to free their slaves. With aU the enormities done in Kansas, and by Brown in Kansas and Virginia; the many thousands of negroes stolen, the avowed purpose of the Abolitionists to free the slaves in aU the Southem States ; the statutes passed by eleven Northern States to iiulUfy the statutes of Congress to carry into effect the clause in the Constitution requiring escaped slaves to be de Uvered to their owners — ^with all these, and much more too numerous to tell, known by Lincoln, his ungovernable ambition to rise from his humble beginning to the Presidency of the United States, made him sink all consideration of justice and right and humanity, and put his naine before a convention of religious fanatics, of men who gloried in stealing negroes; of men who had denounced the Constitution as "a covenant with Death and an agreement vrith HeU," and who swore they would not be controUed by the Constitution, as they had found a "Higher Law" than that damnable paper. No leaming is required to know the meaning of the word, "mob," A child, seeing it, defines it by agitation, fear and feeling of horror. This boastful land of Freedom, Liberty and Law has been, to some extent, under mobocracy since the first mob razed to the ground a market house in Boston, until the adjournment of the last convention of Republicans in Chicago that nominated President Wm, H, Taft for re-election. Mob ocracy is the legitimate offspring of Puritanism. But we must trace a mob to its development as it was when Lineoln, in 1860, put himself at its head to lead it. For this we give Webster's definition of Conspiracy: 1, "A combination of men for an evil purpose; an agree ment between two or more persons to commit some crime in concert," 2, "One who conspires; who engages in a plot to commit a crime, particularly treason," As to what act, among many others, is revolution or treason, I quote another great New England authority— another Webster, named DanieL In reply to Calhoun in 1833, he said : "What is revolution? Why, Sir, that is revolution which overturns, or controls, or successfully resists the existing pubUc authority; 294 TRUE VINDICATION OF THE SOUTH that which arrests the supreme authority, that which arrests the supreme power." Again, he said : "An attempt by a State to abrogate, annul, or nullify an act of Congress, or to arrest its operation within her limits, is a direct usurpation of tbe just power of the general government, and of the equal rights of the States ; a plain violation of the Constitution, and a pro ceeding essentially revolutionary in its character and tendency." It were idle to cudgel the brain to phrase a better indict ment of the horde of Abolitionists, Free-soUers and Revolution ists, who in Northern legislatures passed laws "to resist, arrest, and annul, within their States, the laws enacted by Congress" to compel tbe rendition of fugitive slaves. What did they care for laws which were "the supreme authority" in the Union? What was an oath to them to support the Constitution? What? They were acting in obedience to their "Higher Law" — ^the same law negroes and other thieves obey when they start out for a white man's henroost, or a bank, a horse, or a hog. What did they care for the commandment "Thou shalt not steal?" If the law of God could not hold them back from crime, of what avail was man's law in every State in the Union, defining lar ceny to be — "The wrongful and fraudulent taking and carry ing away by any person of the personal property of another with intent to steal the same?" With the impudence and de fiance of law that mark the trail of the Puritans in England and Holland, and their bloody tracks for near a century after they set foot in America, they shout back at us — ^"What? A negro, property? A human being — ^made in the image of his Maker — a slave and property? There is no law for it! It is contrary to our opinion. Our opinion is our law — ^the only law we intend to obey — ^have ever obeyed. Our oath to support the Constitution and laws of Congress is not binding on us. The Constitution says nothing about negro slaves and property in negro slaves. We have tbe same right to construe the Consti tution that Congress has to construe it. Besides, that old papei* is "a covenant vrith Death and an agreement -with HeU. Away with it!" Calhoun did not make a stronger argument in support of Nullification than the above defiance persistently made by Puri- TRUE VINDICATION OF THE SOUTH 295 tan Abolitionists for forty years, on the hustings, on platforms, in Northern pulpits, and in Congress, Here follows a wild raging of these Puritan fanatics and Patriots, murdering thou sands eaeh day "to preserve the Constitution!" Coffroth, a member of Congress from Pennsylvania, had just said in a speech on the Resolution before Congress in 1864 for adding a 13th amendment to the Constitution: "I care not whether slav ery is retained or abolished by the people of the States in which it exats — ^the only rightful authority. The question with me is, has Congress the right to take from the people of the South their property * * * Would it be less than stealing?" To which the Puritan Abolitionist, Famworth, of Ohio, replied: "What constitutes property? I know it is said by some gentle men on the other side tbat what the statute makes property, is property, I deny it! What 'vested right' has any man or State m property in man? We of the North hold property, not by virtue of statute law, but by virtue of enactments. Our property consists in lands, chattels and things. Our property was made property by Jehovah when He gave man dominion over it. But nowhere did He give dominion of man over man. Our title ex tends back to the foundation of the world. That constitutes property ! There is wbere we get our title ! There is where we get our 'vested rights' to property !" Before resuming the line on Lincoln, I drop a few remarks on this view of property and title to it, Mr, Famsworth, in the froth of debate, evidently was not thinking of New England. Her title to "land, chattels, and things" is not so ancient as that of Famsworth.'s "we" — ^by which he, no doubt, meant the ''we, the people" Daniel Webster was sole proprietor of by discovery of them in tbe preamble to the Constitution. New England's title to "land" did not reach back "to the foundation of the world." It was acquired mainly by killing Indians. ,Her title to "chattels and things" was acquired in various ways — some things (which may include money) by smuggling, some by seU- ihg in the West Indies, as'slaves, Indians captured in war ; some by fines imposed on Quakers for not taking off their hats ; some by forcing prisoners to work, under penalty, if they refused, of sitting in the stocks ; some by tying them to a cart-tail and whip ping their bare backs whUe they were dragged through three 296 TRUE VINDICATION OF THE SOUTH towns; some by fines for failure to a'ttend "di-vine service" on Sabbaths, there to suffer for two hours, listening to discourses in monotone on infants in HeU, Salvation by Faith, Hell-fire and Eternal Damnation. Her title to negro slaves, vrith which she stocked the Southem colonies and States, did not date, far ther back than 1638, She must have felt grossly insulted by the charge, made by the Honorable Famsworth in open session of the House of Congress, that she had no title to negroes she ran down, bought vrith rum, and stole in Africa, and made slaves, and, as soon the black cargo could reach tbe Western Con tinent, added fraud to theft by announcing that she had perfect title to the slaves, whereas she had none whatever, except that of a buccaneer or pirate — that is, if the Honorable Fams worth 's information about titles to "chattels and things" was as thorough as his knowledge of what the Lord intended, when He was laying "the foundation of the World," should be good title to "land, chattels and things" in the Northern States. The Honorable Famsworth of Ohio was so radical a Puritan and Abolitionist as to forget that the title to the land his house stood on, as a part of Ohio, was given by Virginia in 1787 to the United States, As "we of the North" derived title from Jeho vah, he had, probably, traced Ohio's title beyond that of Virginia, If so, the next link, back, he found in James I, who gave the ^ land to Virginia, But he coidd not stop at the King, He must trace her title — (what a laborious man that Famsworth was!) Let us see what that man did to find out whether the title to his "home, chattels and things" was perfect. He started to examine the records under Queen Elizabeth— who was the last of the Tudors, He then ran back through the reign of the House of York, or the White Rose, then of the House of Lancaster, or the Red Rose, He has now been at work through 159 years. Next he took up the Plantagenets through eight reigns. That landed him up against WUUam the Conqueror, when history records there were many new deals in lands by robbing Peter to pay Paul. But between Elizabeth and the Conqueror thousands of titles bad been broken by breaking necks vrith ropes, and by drawing and quartering. Some had faUen in by the "statute" of Mortmain, or it might have been by "enactments"— a differ ent process according to Mr, Famsworth; some by attainder, a TRUE VINDICATION OF THE SOUTH 297 few by escheat; some by failure of inheritable blood; some by prsemunire; others by "Treason!" "Rebellion!" "Conspir acy!" — each the real, genuine, simon-pure article — ^none of that miserable second-hand, hand-me-down shoddy stuff like that the Union soldiers had to wear; not a base imitation "Rebellion and Treason" the Southem Rebels and Traitors got up — so poor a counterfeit that the "Nation" didn't think it good enough to be hung or shot for. So the Nation just took up a small soldier named Wirz and a poor old woman named Surratt and banged them, thereby hanging the Southem Traitors and Rebels, just as many thousands of brave, valiant Abolitionists fought and died during the war — ^by substitute. AU the foregoing methods of acquiring title to "land, chattels and things, "besides many more, had to be examined and decided on before going beyond WiUiam the Conqueror. But this un daunted Puritan investigator went on through the rule of the Saxons, then the Danes, then Anglo-Saxons, then the Saxons alone, and back to JuUus Caesar, before Christ. That carried him to Rome. There anybody but Hercules or Famsworth would have thro-wn up the job, for he found there, after Rome had ruled nearly the whole world for 1200 years, the same state of things we have accomplished in vainly trying to rule ourselves only 124 years. That is, he foimd there a few grantees holding the land throughout the einpire, as he found to be the case in this empire, but he found miUions of grantors — ^too numerous to mention. After verifying the title of "we in the North" to their land, as Aeneas, it is said, founded Rome before Romulus and Remus sucked the wolf, Famsworth had then to go to Troy and begin to excavate, and read the runic or cuneiform bricks to trace his title. He found, no doubt, the bUt of tbe sword vrith which Pyrrhus hacked old King Priam into fish-bait; the spindle of the chariot that dragged Hector aroimd the wall; Cassandra's veU, that she wore when prophesying; the heel of Achilles that received his death wound, and a few of the weary sighs Troilus breathed "from the Trojan wall to the Grecian camp where Cres- sid lay that night," Thence this explorer passed eastward, into the shadows, first, then the tvrilight, the gloom, and then the night that shrouded the earth a hundred miUion years after its "foundation was laid," before he met the Lord and got TRUE VINDICATION OF THE SOUTH 298 the title to "land, chattels and things" for "we of the North" — ^negro slaves not being included. The most valuable result of this research through so many miUion years is that he proves his grandfathers, who warranted the title to the slaves they sold to us of the South, to be arrant knaves, cheats and s-windlers. Let us hope he ran himself into that hole vrithout seeing it. A fanatic plunging on under such a head of steam as Famsworth got up, so that he took "enactments" for tbe Decalogue, couldn't tell a hole from a comet, and would take a negro for his grandfather. What marvelous acumen these fanatics have "to sever and divide a hair 'tvrixt north and northwest side," — ^to draw a line wide as a guK between "statutes" and "enactments." This fancied power is the ecstasy of madnes.s, after o'erleaping aU barriers and restraints of law to establish order among men, and becoming the confidant and spokesmen of God, and co-Directors vrith God in governing His footstool. It is Puritanism, grim, merciless, infallible, defiant, stamping down its pUghted faith and honor, and standing triumphant upon them. Puritans sold the slaves to the South under guaranty of title, and afterwards pledged "their Uves, their fortunes and their sacred honor" in maintaining and defending the IKe, liberty and property of aU the colonies ; and again by signing and adopting the Constitution tbat declared the title to slaves they had given, to be "double sure." In an early chapter the Puritans' deficiency in reverence for ancestry, indifference to their forbears of merited distinction, was shown in the names given by them to counties and towns, moimtains and rivers, inlets and bays, in their colonies and States. This uncouthness and neglect was not an oversight. A thousand acts, like links in a chain forged one at a time, re peated through two centuries, are not done by mistake. Such barbarous outward shapes and images are reflected by the mir ror fixed by nature steadfast in the mind or spirit. And that mirror has been a spiritual heirloom down from father to son for many centuries— that insensibility— that hebetude to f amUy pride — that disrespect for distinguished fathers and citizens. Their fathers and grandfathers of the strictest Puritan sect helped to frame the Constitution, and then adopted it as their TRUE VINDICATION OF THE SOUTH 299 palladium. It was pronounced, the world over, man's -wisest conception. But the chUdren of those wise and patriotic sires rise up by millions and damn them as the authors of a writing by which they entered into a covenant with Death and Hell, — an anathema framed and hurled at their immortal shades by a son of Puritans, and he stands honored by Puritans on a monu ment in Boston. CHAPTER XIJI. LINCOLN AND THE CHICAGO CONVEN TION THAT NOMINATED HIM IN 1860— SEWARD, BEECHER, PARKER AND OTHER ABOLITIONISTS AND ANARCHISTS. I return to speak directly of Lincoln, I was classifying the lawless elements that nominated him for President, when I thought it would not be time lost to accompany Famsworth in his only attempt to find the Lord, I must ask indulgence for applying plain Anglo-Saxon to those elements. It is not my habit, nor my taste, but this occasion must be an exception. The President of the Confederate States, their Generals, and the rank and file, and aU who felt as they felt, have been slandered, ma ligned, vilified, besides being branded as rebels and traitors, for nekr fifty years in every country on the Earth. Men of educa tion, by applying "rebels and traitors" to Southem men of all classes, have t,augbt the ignorant, the malicious, and the -rile to roll those words as sweet morsels on tbe tongue. There were no rebels, no traitors, nor perjurers in the South. There were no rebels in the North, but there were perjurers by the thousands, traitors by the tens of thousands, thieves by the hundreds of thousands and revolutionists by the millions. These are plain, blimt, imvarnished words. They are used not from habit, or choice, or desire. They are employed only because the paucity of the English language offers no other words that can be enrolled as substitutes ; because, in criminal pleadings, these words are of ancient and highly honorable standing; and because Christ, the supreme Master of adaptation, when he -wished to impress the world with his conception of the enormity of certain sins, always pressed into service words that gave the clearest idea of the sins, words that needed no interpretation, Mid that the simplest mind could understand. TRUE VINDICATION OF THE SOUTH 301 I left Lincoln at the Chicago Convention, made up of a motley crew — men who, he knew, as lawyers, had sworn to support the Constitution and laws enacted by Congress ; and who as legisla tors, after being sworn again to support the Constitution, had forthwith voted for a statute intended to "resist, annul and nullify Acts of Congress" passed at the mandate of tbe Constitu tion. These meni beyond quibble, were perjurers and revolution ists. Again, Lincoln knew that he had supporters in that con vention who were conspirators with the other men, and with women and boys, who did tbe active work in stealing slaves and speeding them to Canada, or any other hiding place. He often said slaves were property. The raiders, and the operators of the under-ground railroad, were as clearly thieves as men who steal horses, hogs, or gold. And as aU conspirators are equally guilty of the crime committed by one or more, he was supported in that Convention by a gang of thieves. It was by the application of the principle of law stated above that the court attempted to jus tify the hanging of Mrs. Surratt for the killing of Lincoln by John WUkes Booth. Tbe traitors were the men who joined tbe federal army and made war on the States of their birth, homes, and allegiance. This wUl be shown by the Law of Nations, The foregoing covers tbe four classes — ^Perjurers, Revolu tionists, Thieves and Traitors — ^who, except the last class, nomi nated Abraham Lincoln for President, and whose characters and crimes he knew. The law makes no distinctions in crime. It does not caU a poor man who steals a loaf, a thief, and a rich man who steals miUions an "appropriator." It does not call a poor man who steals a coat, a thief, and a rich woman who "lifts" a diamond a "kleptomaniac." It calls the man who steals what the law of man describes to be personal property a thief, and does not caU tbe man who ignores man's statute law and steals the same property, a phUantbropist, a patriot, a hero ! It call^ the man who "whistles down the wind" the statute laws, and defies the organic law of the government that protects bim, an Anarchist, and denounces him as only fit for treason. When Henry Ward Beecher took the two negro women — slaves — ^in a carriage from Cincinnati into the woods between midnight and da-wn to be sent to Canada, he was stealing ; he was as complete a thief as K he had that night sneaked into a 802 TRUE VINDICATION OF THE SOUTH farmer's lot and stolen and hid in the woods two sows. When Theodore Parker, another of I^ew England's most holy pro- claimers of God's command — "Thou shalt not steal"— to vile, low, lawless sinners, received and hid away for months the two slaves — WilUam and EUen Crafts — and then raised money for their passage, and took them disguised to the ship and sent them to Europe — ^he was a thief. He was a Puritan fanatic, a clerical ruffian, before he became an avowed thief. It was he and William EUery Chaiming, Baker and a few others, who kicked holes in their surplices, and then dragged Christ from his triune seat in Heaven to the Earth, and made him sit down by Confucius, Buddha, Socrates and Zoroaster, When William H, Seward, with a genius for evil unsur passed, announced bis discovery of "Higher Law" than the Statutes of Congress, than decisions of the Supreme Court, than the Constitution, be was a Revolutionist,^ in morals and law a traitor; and, in fact, the boldest propagandist of multi form crime — ^theft, treason and murder. He begat John Bro^wn, who murdered men and boys as a hunter shoots wolves. He sired that nest of ¦vipers — Thad Stevens, Ben Wade, John P. Hale, and thousands more. He flyblow corruption a continent -wide, that hatched a multitudinous winged brood with poison ous sting — crawling by night, flying by day, and breeding as they crawled, so numerous that, like the locusts of Egypt, they eclipsed the land in gloom and despair for twenty years, and swarming tumultuously above the Constitution, settled down upon it, and extinguished its guiding, vital light. It is behind this "Higher Law" these wreckers of statute law and the Con stitution — yea, and of the RepubUc — seek refuge. WhUe they find there a far higher order of society than they have ever seen or enjoyed, still, there is one quality common to both the humble refugees and the royal dweUers. That quality is tyranny, despotism, unbridled oppression, for there repose the tyi-ants and despots of all the ages. These refugees are there ensconced, hugger-mugger— cheek by jowl— with the Thirty Tyrants of Athens, with Dionysius of Syracuse with his "ear of stone," with Catherine of Russia, Bloody Mary, and a legion more. They, too, had their "Higher Law." It is tbe plea of a tyrant when he wants money, dominion, pleasure, or blood. TRUE VINDICATION OF THE SOUTH 303 The tjTant AppiUs Claudius pleaded it when he lusted for the beautKul Virginia, who only escaped him by the dagger of her devoted father. Nero asserted it when he -wished "to rid Rome" of his adoptive brother, his wKe and his mother, whom he murdered. The man who defies law and pleads public necessity, or the pubUe good, as Lincoln did, in .iustification of his unlawful deeds is unfit for rule — ^is already a despot. It is clear that Lincoln was nominated — 1st. By men, who, after swearing to support the Consti tution and the laws of Congress, passed statutes to annul a part of the Constitution, and two acts of Congress. They were perjured — ^and Lincoln knew it. 2nd. By men who "resisted and annulled and defied the Acts of Congress." They were Revolutionists and conspirators —and Lincoln knew it. 3rd. By men who had been in a conspiracy to aid and abet in the crime of stealing slaves — ^personal property. They were conspirators and thieves — and Lincoln knew it. Revolu tion is rebellion and those engaged in it are Revolutionists and traitors. This, also, Lincoln knew. These were the men Lincoln solicited to nominate and to elect him President. These were the men who elected bim. It is not intended to intimate that Lincoln had committed any one of the four crimes his supporters had been guilty of. That question wUl come up after his inauguration. It is only said here that, knovring the criminality of the men in the conven tion, he accepted the nomination tendered by them and put him seK at their head as their leader. It is a significant fact, and one to be borne in mind, tbat the anarchist who proclaimed the traitors' creed that there was a "higher law" than the Constitution and the statutes of Congress, was Lincoln's fore most opponent for that nomination, and that Lincoln selected that Anarchist for the highest position in his Cabinet — ^that of Secretary of State. "Anarchist" is the only word that de scribes hitn. The man who denies the binding authority on him of the highest laws of his country, and that after he bad sworn time and again to obey and to uphold those laws, is the man vriio among aU ei-vilized peoples is known as an anarchist. Lincoln knew that Seward proclaimed that new political treason, and he knew it was the spirit and Ufe of anarchy. 304 TRUE VINDICATION OF THE SOUTH Again ; Seward started life as a teacher in Putnam County, Georgia, where he became embittered against Southem people because he was not received as his vanity and Puritan impu dence coached hun to believe he shoiUd be. Probably there was not a community in the South more cultured and refined than that of Putnam County. This "Yankee school-teacher," by nature uncouth and presuming, was considered as persona non grata in that quite, gentle society, famous for strong men and beautKul women. Seward left there with vengeance in his heart and negro in his brain. From Lincoln's intimacy with Seward, from 1847 to 1861, he knew Seward's social reception in Georgia, and Seward's hostility to the South. Again; Lincoln was not only an AboUtionist, but history says he lectured on abolition in his State. Under a placid ex terior he was ready to go to extreme lengths on anti-slavery. In his debate with Stephen A. Douglas when running for the United States Senate, he imagined a state of facts and stated his fancies to be facts. For instance, he charged a conspiracy hatched by Douglas, President Pierce, James Buchanan and Chief Justice Taney, that the decision in the Dred Scott case should be held up until the election for Pierce's successor should occur in 1856. He had not the courage to call the names. He supposed a house built by "Stephen, Franklin, James and Roger" — the christened names of those gentlemen. He was so hostile to that decision that he advocated in that debate a re organization of the Supreme Court to get it reversed. He said: "I have always hated slavery, I think, as much as any Aboli tionist — ^I have always hated it, but I have always been quiet about it," etc. Lipcohi said he maintained that each State had the right to do exactly as it pleased vrith all the concerns within that State that interfered vrith the rights of no other State, and that the general government, upon principle, has no right to interfere vrith anything other than that general class of things that does concern the whole. Slavery was that class of things which he beUeved concemed the whole, that is, aU the States. He had just said, in the same sentence — "I beUeve each individual is naturally entitled to do as he pleases with himself, and the fruit of his labor." And in the next paragraph, speaking of slavery. TRUE VINDICATION OF THE SOUTH 306 he said — "this matter of keeping one-sixth of the population of the whole Nation in a state of oppression and tyranny un- equaUed in the world." Replying to the charge made by Douglas that he would not abide by the decisions of the United States Supreme Court, Lincoln said: "Just so. We let this property (the slave, Dred Scott) abide by the decision, but we vrill try to reverse that decision. We mean to do what we can to have the Court decide the other way. That is one thing we ("Abolitionists") mean to try to do." CHAPTER XLin. SOMETHING OF THE LINCOLN-DOUGLAS DEBATE— QUOTATIONS FROM LIN COLN'S FIRST INAUGURAL ADDRESS. Douglas in one debate charged Lincoln vrith deception — vrith "trying to fool the people" of Hlinois by making one speech in the Northern end of the State and another altogether different in the Southem, or "Egypt" — ^the Democratic por tion. Douglas then read the platform of the Abolitionists, pledging the AboUtionists to do many things, among them, to repeal and entirely abrogate the Fugitive Slave Law, and declaring that Congress had no power to pass such a law, that "that power belonged to the States," and charged Lincoln with standing on that platform. In the fifth joint debate Lincoln said: "The negro was included in the Declaration of Independence." He asserted many times that "this, country coiUd not exist half free and haK slave," and, as he was an AboUtionist and denounced slayery as "tyranny and oppres sion unequaled in the world," and as he declared, further, that this country could never be all-slave, we have no trouble in deciding what was in his mind and heart when he took his oath as President. The tiny biography of Lincoln given by Douglas in their first joint debate is not devoid of significance. "We were both comparatively boys. I was a school-teacher in Winchester (111.) and he was a flourishing grocery-keeper in Salem. He was just as good at telling an anecdote as now. He could beat any of the boys wrestling, or running a foot-race, in pitching quoits, or tossing a copper; could rain more liquor than all the boys of the tovm together, and the dignity and impartiaUty with which he presided at a horse-race, or fist-fight, excited the admiration of every boy that was present and par ticipated." TRUE VINDICATION OF THE SOUTH 307 In the seventh joint-debate Douglas said — "Lincoln was in Congress in 1847 while the Mexico-American War was on ; thus he voted for Ashmun's Resolution declaring that war uncon stitutional and unjust." Douglas then adds : "It is one thing to be opposed to starting a war, and another and very different thing to take sides with the enemy against your own country, after war has commenced." It was on that Resolution that Tom Corvrin of Ohio uttered the celebrated sentence — "The Mexicans should welcome the soldiers of the United States with hospitable hands to bloody graves." Lincoln had boasted often that he was an "Old-Line Henry Clay Whig" — a strong 'friend of Clay. In the seventh and last debate Douglas said: "You have read the speech of Gen. Singleton at Jacksonville" (during this joint debate). "He charges that at a Whig caucus in 1847, held — during a conven tion in this State — at the home of Lincoln's brother-in-law, Lincoln proposed to throw Henry Clay overboard and take up Gen. Taylor, and that in the National Convention in Phila delphia of the Whig Party, Singleton met Lincoln there, the bitter and deadly enemy of Clay ; that Lmcoln tried to keep him (Singleton) out of the Convention because be insisted on yotmg for Clay, and tbat Lincoln rejoiced with great joy over the mangled remains of his friend, Henry Clay. "When the Wilmot Proviso, tbat disturbed tbe peace of the whole country until it shook the foimdation of the Republic from center to circumference, was pending in Congress in 1848-9, Lincoln was in Congress, and is the man who, in con nection with Seward, Chase, Giddings and other Abolitionists, got up that strKe. And I have heard Lincoln boast that he voted forty-two times for the Wilmot Proviso, and would bave voted as many times more K he could." I have thus gone back to Lmcoln 's youth, traced him m early manhood from his first appearance in pubUc life as a member of the Legislature of Illinois m 1836, then his election to Congress in 1846, and then through his debates with Douglas in 1858, and to his election as President m 1860. This ancient and forgotten lore is tedious reading, but it throws a calcium Ught on the acts of the man from the date when he as Presi- ' dent swore to support the Constitution, to the hour when he 308 TRUE VINDICATION OF THE SOUTH was summoned to Judgment "-with all his imperfections on his head." The reader who studies the brief record just given above, with the thought of a student and knowledge of the human heart — "deceitful above aU things," even when not "desperately wicked;" who knows the perilous brink on which fanaticism confidently takes its stand, when, having tumed its back on aU human laws, it imagines it can hear the voice of God, and enter into His counsels, and steal the secrets of His Providence, wiU be better prepared to interpret the meaning of much that is veUed in the secret alphabet of thoughts unexpressed. During the last and furious debate, or row, in Congress in 1860 before the American Republic went down, Lincoln sat low with his ears to the ground. When any proposition was made looking to a compromise, he telegraphed to representatives from Illinois not to agree to anything that could possibly add one more foot of slave territory to the Union. This is further proof of Lincoln's hostility to slavery, K any more than his own declaration in the joint debate were needed. But it shows another important fact — ^his purpose was to arrest the growth of the South and make all new States free, and when the fortieth State should be admitted, the free States, having a three-fourths' majority, could and would add an amendment to the Constitution abolishing negro slavery. I bring forward in this connection his declaration quoted above in the debate -with Douglas, to--wit: "The general government, upon prin ciple, has no right to interfere with anything in the States other than that general class of things that does concern the whole" — ^that is, all the States; and as he had asserted that Slavery concemed all the States, and we have here the key to his secret purpose. At that time (1858), he did not believe Seces sion would occur. He believed, as did all, that the Democrats would continue in power indefinitely. This -view is made still clearer when we recall the fury the Abolitionists exhibited when Webster in his speech of March 7th, 1850, said K Texas should by vote of a majority of her citizens divide her terri tory into five States, as was agreed by Congress, when Texas was admitted into the Union, that she might do, he would vote for the admission of the extra four States. That and his declara- TRUE VINDICATION OF THE SOUTH 809 tion in the same speech that he could vote for a bill to require surrender to the master of fugitive slaves, was Webster's political death-warrant. In the last debate Douglas said: "Lincoln says that he looks forward to a time wben slavery shall be abolished every where. I look forward to a time wben each State shall be al lowed to do as it pleases, I care more for the principle of self- government than I do for all the negroes in Christendom, I would not endanger the perpetuity of the Union, I would not blot out the great inalienable rights of the white men, for all the negroes that ever existed, Mr, Lincoln went on to tell you that he does not desire to interfere vrith slavery in the States where it exists, nor does his Party, I expected him to say that down here, ' ' (Lower part of Illinois ) , " Let me ask him, then, how he expects to put slavery in tbe course of ultimate extinc tion everywhere, if he does not intend to interfere with it in the States where it exists? He vrill extinguish slavery in tbe States as the French General exterminatd the Algerians when he smoked them out. He is going to extinguish slavery by sur- roimding the slave States — ^hemming in the slaves and starving thein out of existence as you smoke a fox out of his hole, Mr, Lincoln makes out that line of policy and appeals to the moral sense of justice and to the Christian feeling to sustain him. He says any man who holds to the contrary doctrine is in the attitude of the King who claims to govern by Divine Right." The last utterance of Douglas in this last debate tells, indi rectly, the real cause of the war — ^the persistent interference by the Puritans with the domestic concerns of Southern States. He said: "If we will only live up to this great fundamental principle of non-interference, there will be peace between the North and the South. The only remedy and safety is that we shaU stand by the Constitution as our Fathers made it; obey the laws as they are passed while they stand the proper test; and sustain the decisions of the Supreme Court and the consti tuted authorities;" We have heard Douglas charge Lincoln to his face as one of four conspirators who concocted the Wilmot Proviso to renew sectional strife and hate. They were Wm. H. Seward, Salmon P, Chase of Ohio, Joshua Giddings of Ohio, and Wilmot of 310 TRUE VINDICATION OF THE SOUTH Pennsylvania, who fathered the Resolution in the House, Gid dings was .a rabid Abolitionist. So was Chase. Wilmot had no distinction, good or bad, except as a hater of the Bouth. He was selected as the mouth-piece. Lincoln, when driven into the corner, or back to the rope, by Douglas in every debate, protested that he did not intend to interfere with slavery in the States; but he would not let it go into any territory, or new State. We shall see how near his acts after he got office follow his protestations when pleading for office. Let us see how, after swearing to support and defend the Constitution, he started off to support it. The Latins had a wise maxim — "a man is known by the company he keeps," There IS another common sense rule tbat every prudent man since men have done business always adopts. If he desires to fell a tree he uses a sharp axe and not a plow. If be would plow he does not use an axe. If he would buUd a house he does not employ a bar-keeper. If in power and he would govern with -wisdom, justice ,and mercy, he does not caU to his side as aids men of lawless character. If elected by one section of a country di vided into two hostile sections, he will not, if a wise and just ruler, select men as bis advisers and to execute his orders, who hate the people of the other section. If it is his purpose to obey the laws, organic and statutory, and judicial decisions of the highest authority, would he choose an Anarchist as his first choice among seven advisers to be selected by him, and appoint that Anarchist to tbe highest and ,most responsible of aU offices within his power? This interrogatory carries its own answer. No man not a lunatic would answer "yes" to it. What did Lincoln do as soon as he swore to support the Constitution? He scanned the whole country, and, of all men of the thousands fit to be Secretary of State, he picked out the bitterest hater of tbe South and the man who, sitting in the United States Senate by authority of the Constitution — ^his only warrant for wearing the toga of & Senator — proclaimed him self to be above that Constitution, above the statutes of Con gress which he was sitting there io assist in passing, and above the decisions of the Supreme Court of the Govemment whose commission he was acting under. All this record of Wm. H. Seward Lincoln had known for years. And -with that knowl edge he selected that Anarchist as his chief counsellor — ^the only TRUE VINDICATION OF THE SOUTH 311 one of his Cabinet whose position and duties required him to deal with foreign nations, and with the South he so bitterly despised. Lincoln's next choice was one of the five conspirators, who, as Douglas — ^pointing his finger at Lincoln as one of the five — charged, bad devised the Wilmot Proviso "to keep up the strife" between the two sections. This man was Salmon P. Chase — ^Lincoln's Secretary of the Treasury — ^the man who was to counsel Lincoln and Congress how best to raise money to subdue the Confederate States. The other five members of his Cabinet were pliant under Liincoln's hand — ready to do his bidding without murmur, and not of sufficient force to merit further notice. Simon Cameron, Secretary of War, was noted as having great wealth acquired as Indian agent in the West. With these arrows in bis quiver, Lincoln started on his Divine mission of love, mercy, justice and obedience to law. The counsellors and servitors were appointed on the 5th of March — ^the day foUo-wing Lincoln's inauguration. Cameron, and Gideon WeUes, Secretary of the Navy, began at once to get ready the army and the navy "to preserve the Union" which had been rent by Webster in 1830, and "to uphold the Constitution and the laws" tbat bad been violated in every way fanatics could devise for twenty-five years ; that bad been vio lated, cursed, damned by negro thieves ; tbat had been violated by perjury committed by Conspirators and Revolutionists in eleven States who passed "Personal Liberty Laws" to resist and nuUKy the clause in the Constitution giving owners of fugitive slaves the right and means to recover them. Lincoln had given these Cabinet puppets full orders in his Inaugural — in language of unmistakable meaning. He said : "I consider, in view of the Constitution and the laws, the Union is unbroken, and, to the extent of my ability, I shall take care, as tbe Constitution itself expressly enjoins upon me, that the laws of the Union shall be faithfully executed in all the States. I trust this will not be regarded as a menace, but only as the declared purpose of the Union, that it vrill CON STITUTIONALLY defend and maintain il^seK. In doing this there need be no bloodshed, or violence, and there shall be none unless it is forced upon the National Authority. The power confided to me will be used to hold, occupy and possess the 312 TRUE VINDICATION OF THE ^^SOUTH property and places belonging to the Govemment, and to col lect the duties and imports, but beyond what may be necessary for these objects, there will be no invasion, no using of force against or among the people anywhere. Plainly, the central idea of Secession is the essence of Anarchy!" "High on a throne of royal state, which far Outshone the wealth of Ormus and of Ind, Satan exalted sat, by merit raised To that bad eminence ; and, from despair Thus high uplifted beyond hope, aspires Beyond thus high," Why did not this palaverer, this palterer with us in a double sense, have the courage and truth to exclaim, in words that told bis purpose — ^"My sentence is for open war!'* There by his side sat Moloch, the sceptered Anarchist, "the strongest and the fiercest spirit of all;" why not boldly launch his hidden thunderbolt, and cry — "Turn loose the dogs of war?" "Secession is the very essence of Anarchy!" The Southem States have committed that first act of Anarchy, The Consti tution and the laws denounce it. I am here to enforce the laws. I intend to take and hold the forts the anarchists now hold. I intend to enforce the laws in the States occupied by the anar chists, and to collect therein duties and customs. If the anar chists keep quiet while I march with an army to enforce the laws, there, will be no invasion — ^there will be no bloodshed. Such was the blindness of a people given over to believe a lie — such their rage from fear of losing the wealth wrung from the South by "Protection" — such the depth of sordidness and selfishness to which avarice had plunged that people — such the barbarity that had smothered humanity and filled their hearts with wormwood and gall — ^that that declaration of war in Pecksniff's protestation of love and benevolence, was applauded to the very echo as the outpouring of a great heart almost bursting with sorrow and compassion. CHAPTER XLIV. LINCOLN BECOMES A USUHPER AND V INAUGURATES WAR. Horace Greeley, in his select coUection of calumnies and Ues caUed "The American Conflict," said that Lincoln con sidered his Inaugural "as a resistless proffering of the olive- branch to the South. ' ' Logan, in his mausoleum, puts Lincoln to tossing sleepless on his bed that night, wondering how bis "Inaugural offering the olive-branch would be received by the wayward, wUful, passionate South." If a neighbor from whom Lincoln had stolen systematically for years, had moved away to save what he had left and to live in peace, and Lincoln had followed and told him "if you don't move back so I can continue to steal from you, I'll go to your home and drag you back, but I will not kill you, unless you resist," that tyrant would caU his threat an offering of the oUve-branch of peace. The two Secretaries of War and Navy set to work vigorously the day they were appointed to get soldiers and ships ready to convey to the South their master's "oUve-branch of peace," On the 12th day of March — eight days after the olive- branch had been proffered to the Confederate States — Martin J. Crawford, of Georgia, and John Forsyth, of Alabama, two of the Commissioners sent by the Confederate States Govern ment bearing authority to make an agreement with the National Govemment looking to an amicable settlement of all National questions between the two governments, were in Washington. They addressed a note to Seward, Sec-' reta:Fy of State, requesting him to see Lincoln and to ask what time it would be agreeable to him to give them an inter view to talk over the business of their mission. On March 15th, under instractions of Lincoln, the Anarchist sent to the -Confederate Commissioners the following as a finality. En closing Lincoln's Inaugural in which he declared his purpose to mvade tbe Southern States "to enforce the laws," the Anarchist wrote — as if talking to the air: "A simple reference to the Inaugural will satisfy those gentlemen" (not even mentioning their names) "that the Secre- 314 TRUE VINDICATION OF THE SOUTH tary of State, guided by the principles therein announced, is prevented altogether from admitting or assuming that the States referred to by them, have, in law or in fact, vrithdrawn from the Federal Union, or that they could do so in the maimer described by Messrs. Forsyth and Crawford, or in any other manner than with the consent and concert of the People of the United States, to be given through a National Convention to be assembled in conformity with the provisions of the Constitution of the United States. Of course the Secretary of State caimot act on the assumption, or in any way admit, that the so-caUed Confederate States constitute a Foreign Power, vrith whom diplomatic relations ought to be established." To this slap in the face and kick down the steps by Lincoln's bead Anarchist, Forsyth and Crawford, and A. B. Roman, their associate commissioner, repUed on the 9th of AprU. I quote the most important part of the reply : "The truth of history requires that it should distinctly appear upon the record that the undersigned did not ask the Government of the United States to recognize the independence of the Confederate States. They only asked audience to adjust, in a spirit of amity and peace, tbe new relations spring ing from a mauKest and accomplished revolution in the Gov emment of the late Federal Union. Your refusal to entertain those overturns for a peaceful solution; the active naval and miUtary preparation of this Government and a formal notice to the Commanding General of the Confederate forces in the harbor of Charleston that the President intends to provision Fort Sumter by forcible means, K necessary, are viewed by the undersigned, and can only be received by the world, as a declaration of war against the Confederate States, for the President of the United States knows tbat Fort Sumter cannot be provisioned vrithout the effusion of blood. Tbe under signed, in behalf of their Government and people, accept the gage of battle thus thrown down to them; and, appeal ing to God and the judgment of mankind for the righteousness of their cause, the people of the Confederate States will defend their liberties to the last against this flagrant and open attempt at their subjugation to sectional power." I do not purpose to give even a sketch of what followed the supercilious treatment by Lincoln and his chief AnaiTcbist of TRUE VINDICATION OF THE SOUTH 815 those messengers bearing the true olive-branch. That bloody field is not within my purview. I am giving the other side of the North's martyred saint, I charge to him the responsibility for the destruction of the RepubUc founded in 1787, and the rise on its rains of a despotism. He was America's first despot, but he will not be the only and the last. To this view a sep arate chapter will be devoted. By nature Lincoln was a gawk and a boor. His chief deUght fiowed from dirty stories. In the crude West when be was growing up, as in all pioneer society, chastity of speech was not popular. Lincoln's -vulgarity and quick perception of in congruities made him a welcome addition to circles where such stories were retailed and enjoyed. Judges delighted in doffing judicial dignity — such as it was in theory — and to Usten to the erstwhile raU-spUtter and boatman. He was strong before juries because he seasoned and spiced argument with anecdote. Thus he rose in popularity, and in 1836 was sent to tbe Legis lature. That taste of brief authority stimulated ambition to go higher. In 1847 he was elected to the House of Congress, There he saw the giants of the Republic — ^rubbed against them — measured them — and vanity persuaded him be was at least their equal. There, too, he became engulfed in sectional parti sanship, and as he "always hated slavery," his hatred en veloped the master -with the slave. His desire to free the slaves took fire and blazed into a consuming ambition. His aspira tion seized on the Senate, and he made the run with Douglas in 1858. Events came and went rapidly. The compromise of 1850 intensified his negrophilism; the sectional warfare in "Bleeding Kansas" fired his heart. JoEn Brown's raid into Virginia inspired his Party vrith hope and new energy, and Lincoln mounted the popular wave and, to the surprise of him seK and the Abolitionists, he rode into the haven he had long steered his craft to reach. Ignorant of the Law of Nations and desirous to display his knowledge of the Constitution, he tracked behind Webster in his exposition in his debates vrith Hayne and Calhoun, and composed the Inaugural in which, "like the scurvy politician, he saw things that were not." He saw States stripped of sovereignty, and that sovereignty in his hands as President of a Nation. And thus deluded he deter- 816 TRUE VINDICATION OF THE SOUTH mined to make himself immortal as the Emancipator of four million negro slaves. Lincoln knew the spirit of the South. He knew how the Puritans had, for fifty years, irritated its people by theft of slaves and inciting them to insurrection. He knew the people would never again brook interference with their domestic af fairs, and be knew that when he contemptuously insulted the South by refusing to even speak to ber peace Commissioners, he had dared the South to mortal combat. But, bent on freeing the slaves, and knowing tbat the mob of Abolitionists at his back would demand of him to do what they elected bim to do, or, on failure to obey, he would fall a victim to their rage, he prepared for war. Let us follow him to catch a glimpse of the man as the real Lincoln flashed out now and then during the four years of torment that racked his soul. It is safe to say that from the first battle of Bull Run to the surrender of Gen eral Lee, Lincoln, of all men in America, was the most miserable — as he deserved to be. But more of that later on. To free the slaves was Lincoln's primary purpose, but he knew he could not rally the North on that issue. He, therefore, raised the cry— "SAVE THE UNION!" "The flag has been fired on!"'' "Rally around it to Save tbe Union!" On the 15th of AprU, just six weeks after be as President swore to support the Con stitution, he made a call on the Governors of all the States to send to bim 75,000 soldiers. For what? He had declared in bis Inaugural he would only enforce the laws "to collect duties and customs*' in the seceded Smes. Did he need 75,000 armed , men to do that? Hdd he tried to collect any duties and customs in the seceded States and failed because he had been resisted by armed force ? He bad not made an attempt. Biit more and worse. He said "Secession was anarchy" — that the people of the South had violated the Constitution, and he intended to uphold it — ^to preserve it, Tbat bond of the Union says Congress alone has power "to raise and support armies." Congress had not voted to raise an army. There was no Congress for four months after be wag inaugurated, and would not have been until the first Monday in December, 1861, if he had not called an extra session. There was no appropriation to support 75,000, pr even ten, soldiers. He had no more authority to raise an army than he had when he TRUE VINDICATION OF THE SOUTH 317 was a boat hand. Why did he not convene the Members elect the day after "the flag had been fired on," and let Congress say what should be done ? Why did be delay calling Congress in extra session until July 4th? Why arm and equip 75,000 troops — driU them — send them into Virginia and command them to march on Richmond before Congress met? Only 17 days passed after Congress convened before the battle of Bull Run, He had invaded Virginia in May. Ah! the wily fox! with an Anarchist his chief adviser. He would not trust Con gress, ' ' Tbe Northern heart must be fired ! " "I intend to free the negroes, I must foment a situation to prevent Congress from attempting any more compromises such as were proposed only four days before I was inaugurated, ' ' Logan, in his mausoleum — "Tbe Great Conspiracy" — says: "By tbe end of May not only had the ranks of the regular Union army been filled and largely added to, but 42,000 addi tional volunteers had been called out by President Lincoln, The Southem ports bad been blockaded, Washington City, and its suburbs, had, during May, become a vast armed camp ; the Potomac River had been crossed, and the Virginia hills, includ ing Arlington Heights, had been occupied and fortified by Union troops ; the yoimg and gallant Col, Ellsworth had been kiUed by a Virginia Rebel while pulling down a Rebel flag in Alexandria, and Gen. Benjamin F. Butler was in command of Fortress Monroe, and had, by an inspiration, solved one of the knottiest points confronting our armies — that is, Butler bad confiscated as property escaped slaves vritbin his lines, as ' con traband of war.' " Here is testimony from one of Lincoln's adorers, to prove what be had done without authority of Con gress, or of the Constitution. Logan's evidence was not necessary. He only recited history "known of all men," But Logan was no lawyer. He did not, could not, "see he was con demning to infamy his idol. He probably knew that a King, a Monarch, or other Ruler, who seizes power beyond his lawful reach, is a Usurper, and a Usurper is a tyrant. Every student of the federal Constitution knows tbat the President has noth ing to do with declaring war. He is commander-in-chief of the army and na^vy, and wben war is declared, he takes command. Yes, Lincoln intended to have war begun. He must move as the fanatics demanded, so that, when Congress should organ- 318 TRUE VINDICATION OF THE SOUTH ize, he could Say in substance — "I started into Virginia to exe cute the laws you made ; to collect the revenue and customs at Norfolk, Wilmington, Charleston, Savannah, Jackson^viUe, Mobile, New Orleans and Galveston, and I was met by thou sands of Rebels and Anarchists, and they told me not to come. So I called for a posse comitatus of 117,000 men to make sure my mission, I armed and drilled them and organized them into battalions, regiments, brigades and corps, and they are now ready to attack the anarchists. What are you going to do about it? Will you like cowards back out, and leave those brave men at the mercy of these anarchists? Will you have Washington taken and burnt?'' Lincoln knew he had usurped a power of Congress, and that be was a Usurper, He may not have branded himseK a tyrant, but that is what the law defines a Usurper to be. But be and bis Anarchist-adviser knew that the course he took was the only way to insure civil war, and, if successful, to free the negroes, Lincoln's ambition was to be the Great Emancipator, Seward's was to get revenge on the South — its men .and women — and to destroy their refined civUi- zation that rebuffed him in Georgia, After the cry, "On to Richmond," had rrmg through the North a year from the rout of Lincoln's posse comitatus a.t BuU Run, Lincoln "saw another sight," His devotion to the negro had been chilled by the horrors of the battle-field. That blood was on his hands. He bad usurped the war power of Congress and precipitated a gigantic struggle, to which be -m-ps not equal in his Generals or his troops. He was bombarded from Maine to Oregon. Hope did not elevate nor "joy brighten bis crest," Mothers whose sons had been kiUed and left on the battle-field to be clawed by carrion crows and gnawed by worms were raising the cry of Niobe widows— their husbands dead and homes desolated— were shrieking sleep from the Usurper's pil- lo-vY, Editors were cursing Tiim, Horace Greeley in August, 1862, madly assaulted bim in tbe Tribune, and bad it placed under his nose, Tn brief, the Great Emancipator found his negro pet too heavy and dropped him. The sole agonizing cry was — " Save the Union ! " In proof of his desertion of tbe slaves, I quote his own words. The negroes who for a half century have had the same Lincoln rabies his white Northern worshipers have, and been parading TRUE VINDICATION OF THE SOUTH 319 streets in aU Southem cities and towns on "Emancipation Day," should remember these words. In answer to Greeley's attack Lincoln replied by letter, August 22nd, 1862, and among other things, said : "If I could save the Union without freeing any slave I would do it, and if I could save it by freeing some and leaving others alone, I would also do that. What I do about slavery and tbe colored race, I do because I believe it helps to save the Union, and what I forbear, I forbear because I do not believe it would help to save the Union," It thus ap pears by his own confession that Lincoln did not care whether the negroes were set free or kept in slavery. If the Union could be saved by freeing the slaves be would try to free them. If the Union could not be saved if tbe slaves were freed, he said, "I am willing that they shall be held in slavery," This letter to Greeley is on Page 433-434 of Logan's book— "The Great Conspiracy," This is tbe world's greatest philanthropist —according to tbe verdict of tbe worshipers of tbe tvrin heroes — ^Lincoln and John Brown. We have now to consider another phase of this inimortal mortal. The EngUsh language has ben ransacked for superla tives, and the superlatives have been stretched into super- superlatives by windbroken orators, and by a procession as long as the issue of Banquo, of neophyte historians, to raise Lincoln to a height just below the angels in praise of his gentleness, charity, and humanity. Again I prefer Lincoln as a witness to what was in his heart, to all these interminable strings hanging to his coat-tail to gain fame by reflection, or even to those semi- judicious among the bUnd pagan idolaters, who through a rKt of tbe darkness can see a spot on tbe burning surface of this last sun "risen on mid-noon," On September 13, 1862, a deputation from all religious de nominations of Chicago presented to Lincoln a Memorial for, the immediate issue by him of a proclamation of Emancipation of all the slaves in the South, He made a long verbose speech in which this language was used : "I do not want to issue a document that the whole world , wUl see must necessarily be inoperative, like the Pope's bull against the Comet, Now tell me, if you please, what possible , result of good would. foUow the issuing of such a Proclamation 820 TRUE VINDICATION OF THE SOUTH as you desire? Understand, I raise no objection to it on legal or Constitutional ground, for, as Commander-in-Chief of the Army and Navy, in time of war, I suppose I have a right to take any measure which may best subdue the enemy ; NOR DO I URGE OBJECTIONS OF A MORAL NATURE IN VIEW OF THE POSSIBLE CONSEQUENCES OF INSURRECTION AND MASSACRE AT THE SOUTH. I view this matter as a practical war measure, to be decided on according to the advantage or disadvantage it may offer for the suppression of the RebelUon!" We have long heard of the Devil's cloven foot, but not before have we seen it. Humanity! cry his worshippers! Humanity! The hanging of Quakers for a nonessential diff erence of opinion was, indeed, humane compared to the savag ery of tbe heart that harbored that fiendish hate. The mouth of the adder is joy to its victim beside this inhuman tongue. No cieeping thing that on its belly crawls has God endowed with less compassion than had this simular of -virtue. The massacre of the Huguenots was mercy to tbe fate this monster planned for the South. The savage baffled in warfare to con quer his enemy on the field, who sneaks at dead of night, and fires the prairie and bums what he caimot subdue, is a bene factor compared to the paleface who, beaten on the field, de termines to have the wives and daughters of his foes raped by savages, and, then, men, women and babes butchered in their burning homes ! Is this a ' ' rebel 's ' ' — an ' ' anarchist 's ' ' — a traitor's" -vituperation of a hero, a patroit, a saint? Let Lincoln answer the charge. It must stand or faU by his own words. A short notice of the alarming situation Lincoln had made by -violating his oath and usurping the war power of Congress, vriU link his name with Pope Innocent HI, vrith the Duke of Alva and the St. Domingo Massacre, whenever it is read or spoken among civilized people of coming ages. We have seen that he usurped the power to make war and to raise armies and rushed to immortalize his name. The battle of Bull Run stunned him. In every important battle from that day (July 21, 1861) to the issue of his Pope's BuU — ^Emancipation Proc lamation — defeat after defeat staggered and bewUdered him. TRUE VINDICATION OF THE SOUTH 821 He began early in 1862 to pray for help. He was pelted vrith the vilest epithets by his own dupes, and was dodging and pleading for relief. After cudgeling his brain for months, he hit on the expedient of Emancipation. He knew be had no power as President to touch slavery. He had so declared. But he beUeved that a Proclamation of Freedom to all slaves within the Conf ederate States would arouse the slaves to insurrection and massacre, and, K they once rose up and began to bum. rape and kiU, the Confederate soldiers would, in defiance of aU military rales, orders and commands, rush to their homes and protect their vrives, children and property ; that desertion would paralyze the Confederate Government, and his march to conquest woiUd be a holiday parade. Had he considered the consequence of insurrection and massacre he beUeved his Proclamation would inevitably pro duce? He is the best witness. Let him speak. I said he had contemplated this fiendish measure for months. Replying to the Chicago preachers (as quoted above, Sept. 13, 1862), his opening sentence is this: "The subject presented in the Memorial is one upon which I have thought much for weeks past, and I may even say for months." He then, after a speech covering two pages, said, as quoted above: "Understand, I raise no objections against it (the Proclamation) on legal or Constitutional groimds, for, as Commander-in-chief of the Army and Navy, in time of war, I suppose I have the right to take any measure which may best subdue the enemy, NOR DO I URGE OBJECTIONS OF A MORAL NATURE IN VIEW OP POSSIBLE CONSEQUENCES OF ISSURRECTION AND MASSACRE AT THE SOUTH." Cffisar had his Bratus ! Charles the First his CromweU, and Abraham Lincoln his John Wilkes Booth ! In his Inaugural, March 4th, 1861, after branding the seces sionists as anarchists; after proclaiming that there would be no invasion of the South; that he only uitended to coUect duties and customs, and to occupy federal property, he, in conclusion, said: "I am loath to close. We are not enemies, but friends. We must not be enemies. Though passion may have stramed, it must not break our bonds of affection." This is a leaf from the "olive-branch of peace"— so like the Mohammedan's "take 322 TRUE VINDICATION OF THE SOUTH the Koran, or I wiU take your Ufe." "Desert your colors 1 Break up your govemment by anarchists ! Go to your homes ! Hold State Conventions and abolish slavery — ^that 'worst tyranny and despotism in the world' — and we will be friends I am your President and Ruler!" This was the voice of Peace ! Douglas, in the joint debates, charged Lincoln -with trickery — ^with deceit — in making a speech in Northern lUinois to catch Democrats. Here he played the role of hypocrite. He was playing to the galleries and to the audience of Europe. He had Uved through the entire period of slavery agitation — ^knew the Puritans began it — had seen it grow Uke a prarie on fire — knew that fanatics started it and would never ^top perscution of the South until slavery was abolished and that Secession was the only escape from that persecution. Yet, he seized on the word "passion" to fix blame on the South — to make it appear that the North was so innocent of wrong-doing as to be amazed at Secession — so astounded as to see nothing but an archy as the motive. That he knew was dishonest, deceitful ahd false. This view of Lincoln is fuUy presented in the chap ter on Secession. CHAPTER XLV. LINCOLN ON "UNIVERSAL LAW" AND THE "PERPETUITY" OF THE UNION. In his inaugural address Mr. Lincoln said: "I hold that, in contemplation of universal law, and of the Constitution, the Union of these States is perpetual. Perpetuity, implied, if not expressed, is the fundamental law of aU National (Jovern- ments. It is safe to say that no Govemment proper ever had a proArision in its organic law for its own termination. ' ' What "Universal Law" is, Lineoln did not teU us. It might have aided the public to understand what he was talking about. If he meant law of the Universe, be should have included in his Inaugural a cyclopedia of the laws that control every thing in and out of the Universe. This suggestion assumes that he could produce a cyclopedia to which the thousand scientists who have advocated different theories, had finally agreed. If he had not soared so lofty, and bad used plain common-sense lan guage, and had said, even standing tip-toe: "I hold tbat there are a few laws that are recognized by the wisest men as imi- yersal, and I give as an instance the law that every nation, and State, is sovereign, free and independent, and perpetual," he could, then, bave announced that, this being a universal law, must be a "fundamental law" of all Nations, and our National Govemment being a Nation, as he assumed, therefore "it nec essarily and logically follows that our National government is sovereign, free, independent and perpetual." There was not an Abolitionist, Nationalist, or Puritan fanatic, among the "thirty thousand" hearers (John A, Logan's figures) who would not have applauded him three times. Tbe syllogism, or sillygism, would bs^ve been overwhelming but for one little trifle which logicians have classed among beggars by calling it "beg ging the question ' ' — ^to-wit : ' ' Our National Govemment being a Nation," It is a pity that a Uttle thing like tbat should be aUowed to spoil such a magnificent cerebral structure, and it buUt, too, by the greatest man (up North) of all the ages. 324 TRUE VINDICATION OF THE SOUTH We bave here the sophism on which aU Nationalists defend that brutal, lawless war — to-wit: that "the federal government was a Nation" and was in authority over all the States, Web ster did not so contend, but he sowed the seed that bore that poisonous, deadly, fruit,. In the same paragraph Lincoln says : ' ' Continue to execute all the express provisions of our National Constitution and the Union will endure forever — it being im possible to destroy it, except by some action not provided for in the instrament itself," Nothing built by man can endure forever. But if the Puri tan fanatics had obeyed "the express provisions of the Consti tution;" had not stolen slaves — property guaranteed by the Constitution; had not incited the slaves to insurrection; K the legislators of eleven States had not committed treason by pass ing statutes to defy the fugitive slave laws; had not deified John Brown for invading Virginia to aid slaves to murder their masters; and had not, otherwise, made life in the Union unen durable, the eleven States would not have seceded, and the Union would bave endured, perhaps, fifty years longer. But, says Lincoln, "the Union, by Universal Law and the Constitution, — is perpetual — ^it being impossible to destroy it ex cept by some action not provided for in the instrument itseK," Lincoln had one quality that helps any man to succeed — con fidence in himself. He "speaks as one having authority,'-' A man with less assurance would have omitted the word "not" before the word "provided." In tbe debate -with Calhoun, Webster admitted that three-fourths of the States, acting by authority of the Constitution to amend it, might repeal it, Webster then proceeded to show why they would not destroy it — ^not to show they could not destroy it. But Lincoln was and is a far greater man up North than Webster; while, down South, although we are not quite such "traitors" as to say out loud — "Hyperion to a Satyr," we can not help being, in leisure moments, somewhat classicaT in our reminiscences, Lincoln had not the shadow of a doubt of tbe perpetuity of the Union, He announces that the States in the Southem Confederacy were never out of the Union, "because it is perpetual," The South, after Secession, never contended that there was not a Union. The federal govemment was left intact in every Department, 1 TRUE VINDICATION OF THE SOUTH 825 The only change caused by Secession was in the number of States, In tbat view, Lincoln's assertion of perpetuity is cor rect — ^that is, in theory. To prove that the Union is perpetual he calls down from the stand his veiled, nebulous, amorphous witness, "Universal Law," and as he found his second witness, "the Constitution" — ^whose statement no man would doubt — was deaf and dumb, he introduced four other "reliable" wit nesses whose age alone evoked veneration, but who (except tbe last) were not present wben the Constitution was made, and knew nothing about it. The first is ' ' Tbe Articles of Associa tion" (1774); the second was "The Declaration of Independ ence" (1776) ; the third was "Tbe Articles of Confederation" (1777) ; and tbe fourth the Preamble to the Constitution — Webster's main witness in 1833. Tbe last should have been ruled out on the ground of being a "professional witness" — always on the side of despotism, I quote Lincoln's own words : "Descending from these general principles, we find the proposition tbat, in legal contemplation the Union is perpetual, confirmed by the history of the Union itself. The Union is much older than the Constitution. It was formed, in fact, by the Articles of Association in 1774, It was matured and con tinued in tbe Declaration of Independence in 1776. It was further matured, and the faith of all tbe then thirteen States expressly plighted and engaged that it should be perpetual, by the Articles of Confederation, in 1777; and, finally, in 1787, one of tbe declared objects for ordaining and establishing the Constitution was 'to form a more perfect Union.' But if de? straction of tbe Union by one, or by a part only, of the States, be lawfully possible, the Union is less perfect than before, the Constitution having lost the vital element of perpetuity. It fol lows, from these vie^ivs, that no State, upon its own mere motion, can lawfully get out of the Union; tbat Resolves and Ordinances to tbat effect, are legally void; and that acts of violence within any State, or States, against the authority of the United States, are msurrectionary, or revolutionary, accord ing to circumstances." To discuss seriously these "propositions" of Lincoln sug gests criticism of the action of country boys riding corn-stalk horses around the ring after the circus is gone, or of a novice, who, whUe lecturing, experiments with hydrogen and oxygen 326 TRUE VINDICATION OF THE SOUTH to show how they make a union, and gets his head blown off. But to business : The Articles of Association made by the col onies in 1774 make one of the four links in Lincoln's chain of evidence to prove that the Union of the thirteen States — sov ereigns each and all — is perpetual, — cannot lawfuUy be broken up or dissolved for any reason or cause, except by unanimous agreement of all the States. "Therefore "if twelve States in 1789 bad agreed to tear up the Constitution, and Rhode Island had said "No;" little Rhode Island would have been Empress of the United States. Lincoln says : "The Union was matured and continued in the Declaration of Independence in 1776." If the Union was "ma tured" why did those meddling numskulls, Washington, Ham ilton, Jefferson, Adams, Madison and others, keep on tinkering at it — fooling with it — especially as they had continued it "forever" after its "maturity?" Could not those old pundits tell the difference between the egg they had been "setting on" for two years and the chick after it was hatched? Why did they continue to "set" from 1776 to 1787? What a pity that Lincoln was born too late. Had he come saUing along in 1778 loaded to the gunwales with his universal knowledge of "Uni versal Law," he would have told those fool "setters" to get off the nest, or they'd "set" themselves to death — as the chicken had been hatched two years ago and had b^pu in busi ness at least a year. It is in order to cross examine these two -witnesses, as Lineobi does not let us know what they testKy. He made an ex parte —"within chambers" — examination, and then takes the stand and testified to what he understood his witnesses to say. In other wordS; he acts as examiner and then "enters up judg ment," and on that decision he proceeded to shoot down a haK million American citizens — sparing neither age nor sex. It must be borne in mind that we now enter upon an examination of the law established by and binding on the thirteen States when they formed the Union. I have quoted from Lincoln's Inaugural his entire argument to prove the States intended the Union to be "perpetual" — "exist forever — and, therefore, no State can secede." From that fact (perpetuity) he deduces TRUE VINDICATION OF THE SOUTH 827 a number of coroUaries which, in his judgment, necessarily foUow, such as: — First : ' ' Plainly, the central idea of Secession is the essence of anarchy." "I therefore consider, in view of the Constitu tion and the laws, that the Union is unbroken," — all whieh have no probative value on the main question, because they are only sound after the fundamental question of perpetuity shall have been settled beyond any doubt. Should he fail to establish his first proposition, then another corollary not among his must foUow, and that is — ^he must lie "forever" in the tomb, con structed by History, with Tamerlane, Genghis Kahn, Julius Caesar, and the Duke of Alva. Second: "The caption of the Declaration of Independence is evidence, K not proof, of the perpetuity of theXUnion ! ' ' The Declaration was made "by the Representatives of the United States of America in Congress assembled," July 4th, 1776, After a few words preliminary, it says: "We hold these truths to be seK-evident, that all men are created equal; that they are endowed by their creator with certain inalienable Rights; that among these (rights) are Ufe, Liberty and the pursuit of Happiness." Do these truths tend to prove perpetuity of the Union? Admit that the caption above be true — ^that the States were then united and were in a Congress assembled — does it prove that there was a perpetual Union between the States? The writing that united the States is the best and, indeed, the only evidence of what they agreed on. That' writing Lincoln does not produce. But, so far, the Declaration is a bad vritness for Lincoln, who, as plaintiff, must prove his case. The quotation — ^"We hold these truths," et cetera, states exactly the inaUenable rights of every human being in a state of nature, and of the, hundred or more writers declaring what are the Laws of Nations, every one, vrithout' variance of a word, declares that the Law of Nations is foimded on the law of Nature, and that every Nation is sovereign, free and inde pendent; that among their rights are "Ufe, liberty and the pursuit of happiness;" that every State is a complete Nation; their powers, rights, privUeges and immunities are "inalien able, immutable and indivisible." So that, even if the caption is proof of a Union of the States, it was a Union of sovereign. 328 TRUE VINDICATION OF THE SOUTH free and independent, each vested before the Union with powers, rights, privileges and immunities "inalienable, immut able and indivisible." Lincoln ought to have "coached" that vritness before he put it on the stand, or, rather, he should not have examined his witness behind a door, in the dark, then told it to go so far a subpoena could not reach it, and then have come into court and testified as true what his witness refused to say ! One of Lincoln's proofs of perpetuity of the Union is this: "It is safe to assert that no Govemment proper ever had a provision in its organic law for its own termination." Here is a jumble of words and a juggle vrith words such as Web ster used when speaking of the Constitution and the govem ment, the States and the Union, as convertible terms. "No Government proper" * * ,* "in its organic law." What does he mean? In one sense he is correct, in another he is trying "to fool all the people all the time." If he speaks of the federal govemment (and evidently he does) he names one that is not a "govemment proper;" he assumes as true the thing he is trying to prove. In 1789 it was appointed the rep resentative, the agent, of thirteen Governments proper, or sov ereign States. If he had declared that no State, no Nation, ever provided for its termination, he would have -told the truth. For no Sovereign, such as is a State, or Nation, was ever organized with a -view to its own destruction, late or soon. To avoid description of a State or Nation he substituted "gov ernment proper" (borrowed from Webster) "to fool aU the people," and applied that phrase to the federal government which was organized under the Constitution — that "organic law" which provides in express terms that three-fourths of tha States can amend (not alone as Taft would amend or revise the tariff law by piling on), but by adding to, taking from, or even withdrawing from its agent all powers "delegated" to it by its written authority to act for its principals — ^the sovereign States. We continue the cross-examination of the hearsay evidence of the -witness that Lincoln swore to as trae. The remainder of the Declaration, down to the last paragraph, is an indict ment contaming about fifty counts agamst Kmg George III. In TRUE VINDICATION OF THE SOUTH 829 conclusion it reads : ' ' The Representatives of the United States of America in General Congress assembled • * * by au thority of the good people of these Colonies solemnly publish and declare that these United Colonies (not States), are and of right ought to be free and independent States * * *; and that as free and independent States they have full power to levy war, conclude peace, contract alUances, establish com merce, and to do aU other acts and things which independent States may of right do." i This witness gets worse. It did not hear Lincoln's hear say testimony. It blurts out, without any respect for the Abo litionists' President, and calls bis United States "United Colo nies" — and says they are and ought to be free and independent States, and that they have full power — as United States? No; but as independent States, to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent States may of right do. This document was intended to be what it is called — a Declaration of Independence of Great Britain, but it testifies to facts that explode Lincoln's "Union that is much older than tbe Consti tution." First, that United Colonies made that Declaration. There were no States in a Umon ! or those Representatives did not know it. The "Caption" that reads "United States" is no part of the Declaration. Webster tried to make tbe pre amble a part of the Constitution, when he fled and took sanc tuary in the preamble to escape the blows Calhoun showered on his head with the Law of Nations. Lincoln here attempts the^ame trick. Both faUed, and yet both "fooled the people." Webster, unintentionally, raised a mob made up of Abolition ists, Freesoilers, negro-thieves, fanatics, sans-culottes ; men with rabies — caused by even the mention of "Constitution," and unsexed women, — which Lincoln in 1860 led to victory at the polls, and to destruction of the Republic by war, A few words more on the Declaration as evidence of "The Union older than the Constitution," It says, — "and to do all other acts and things ifvbicb Free and Independent States can of right do." Was that said of States united under a compact? No ! It means tbat ' ' each State, as a Nation ' ' can of right do. " Under tbe Constitution, each State has delegated to its com- 330 TRUE VINDICATION OF THE SOUTH SOU^ mon agent the exercise of its natural right "to levy War, con clude Peace, contract Alliances, and establish Commerce," but these acts are a small part oi "aU the acts" and things a State or Nation can do, and not one of which can the States united do. A State holds the franchise, regulates the conduct of citi zens, marriage, divorce, adjudicates titles to land, establishes police regulations, schools, municipalities, and a thousand other acts which the United States cannot do. It is clear that the words, "and to do all other acts and things which Independent States can of right do," were spoken of a sovereign imtram- meled by alliance in any form with one or more other sover eigns. Thus, the Declaration, when given free speech and allowed to speak for itself, turns against the party who per verted its meaning, and gives positive evidence against "the Union older than the Constitution." The third witness is "The Articles of Confederation in 1778." If Lincoln bad started -with these ^A.rticles as Webster did, instead of harking back to 1774 for "the Association," and to 1776 for the Declaration of Independence,, his ease would not be so utterly bottomless. For those Articles of Confederation say the Union established by them "shall be perpetual." But Article I call the Union a confederation, and Article IT is as follows: "Each State retains its sovereignty, freedom and independence; and every power, jurisdiction, and right which is not by this confederation expressly dele gated to the United States in Congress ajssembled." Note the fact tbat a Congress of delegates was to exercise aU the powers delegated. There was no President — ^no Senate — ^no Judiciary provided for. The fourth witness is : "To form a more perfect Union." One said it should be perpetual. The Constitution omits that. One said no alterations could be made unless all the legislatures agreed, etc., etc. Article III reads: "The said States (still colonies) hereby severally enter into a firm league of friendship with each other for their common defense, the security of their liberties • * • binding themselves to assist each other against aU force offered • * * on account of religion, sovereignty, trade," ete. Article V "For the more convenient management of the general interests of the United States, delegates shall be an nually appointed by each State every year, with a power re- TRUE VINDICATION OF THE SOUTH 331 served to each State to recall its delegates, or any of them, at any time within the year, and to send others in their stead for the remainder of the year," Here is the modem doctrine of "Recall"— 134 years ago. Article XIH, referring to all the Articles, reads: "Nor shaU any alteration at any time hereafter be made in any of them unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State." This evidence is to show, first, that the colonies formed a Confederation and styled it "The United States of America" (Article I) ; second, that they said the confederacy should be perpetual; third, that eaeh State remained sovereign, free and independent (Article II) ; fourth, that tbe confederacy was only, "a league of friendship" (Article III). The delegates intended this agreement to continue forever — as they say "per-. petual" four times^ Of what probative value is this evidence to establish tbe two propositions that "The Union of 1787 is much older than the Constitution, and is perpetual?" Lincoln asserts tbat there were three Unions before The Union — (the Declaration of Independence being one Union) and, therefore, they must be a part of, or links in, a chain that ends in the Union of 1787, and as one (the Confederation) con tains the word "perpetual," therefore, tbe last link iii the chain forged in 1787 (The Union) must be perpetual. CHAPTER XLVL LINCOLN'S LEARNING AS A LAWYER TESTED— HIS CONTRADICTORY POSITIONS. Lincoln's admirers — ^indeed, worshipers — ^proclaim that he was a great lawyer, and, as a statesman — a perfect wonder. If he was, he knew all the miles that every court in England has held to be inviolable when used in construing instruments in writing of every kind, ranging from commercial contracts, deeds, wills, conventions, compacts, up to treaties. If he was a great lawyer he knew "the Law of Nations," and, of course, the powers, exemptions, rights, etc, of a Sovereign, If he was not a passably good lawyer, we can understand why he as serted the two propositions quoted in tbe preceding chapter, to be true. If he was, however, a great lawyer, he was not sincere, not honest in an assertion that is denied by the unKorm decisions of all courts in England for a thousand years, and by every American court since 1800, and by "the Law of Nations." Let us test bis learning — to decide whether he knew the plainest rules for construing written instruments, and we can then judge whether he was a great lawyer, or, like Web ster, had silenced conscience to play traitor to Truth, Wor shipers may adore, sycophants may flatter, scribblers may seek honor and glory by basting their names to bis — all may rank him above Augustine, Marcus Aurelius, Washington and Jef ferson, but they cannot by vain words smother the light of Truth — for "the eternal years of God are hers." If Lincoln was asserting that the Union of 1787 was older than the Constitution because one, or two, or more Unions had preceded it, be was asserting that which would upset and re verse all rules for construing not only all legal documents but all writings of every kind. If he used the historical fact that two Unions had been formed before the Union of 1787, to prove that the last Union was and is perpetual, because that word is in the first and not in the secpnd of the two preceding Unions, TRUE VINDICATION OF THE SOUTH 33^ he was either ignorant of not only tbe civil law but of the Law of Nations, or he was dishonest to the length of playing his ambition and safety against the life of tbe Republic. Let us assume he was honest, and test bis knowledge of law. Chief Justice Eyre, in the great ease of Marryatt v. Wilson, having before bim the treaty between England and the United States, which he bad to construe, stated the rules to be applied in these words : ' ' We are to construe this treaty as we would construe any other instrument, public or private; we are to collect from the nature of tbe subject, from the words and the context, tbe true intent and meaning of the contract ing parties, whether they be A and B or happen to be two independent States." See 1st Bosanguet and Puller, pages 436-439 ; also tbe United States vs. Arredondo et al, 6 Peters' S. C. Rep. 610. These decisions announced no new law. It was then venerable from age, and it was in and controling the thirteen colonies, and was law in 1787, and was law wben Lincoln reached out over the Universe and dragged in that nebulous "Universal Law," and the Declaration of Independ ence and tbe "Articles of Association" and of tbe "CoiKeder ation," to find what the Constitution means. One of the "perpetual" rules is, tbat any writing that contains no ambiguous word, phrase, or sentence, must be con strued by its own language. In terms of the law — ^"it speaks for itself, and no other shall speak for it." No man has ever lived who was demagogue enough to suggest any ambiguity in the Constitution of 1787. Another "perpetual" rule, based on the foregoing rule is, tbat no word shall be imported from any source to interpret any writing in which there is no ambiguity. Another rale is, tbat no Judge shaU ever permit any constrac- tion of an unambiguous writing that gives to it a meaning different from that clearly set forth by the parties who made it. Another rule is, tbat Courts will never change a contract, however burdensome it may be to one of the parties who made "it. Another rale is, that a writing without ambiguity must be constraed to contain no more and no less than the parties who made it intended to say and to be bound by. Other rules estab Ushed by the highest authority known among men — Sovereign Nations and States— wiU be given when we take up another contention of Lineoln. 834 TRUE VINDICATION OF THE SOUTH The absurdity of citing the Declaration of Independence as one of four Unions between the States has already been shown in part. In 1776 tbe war was on. The thirteen separate col onies had united their troops under Washington to conquer the British armies. They sought aid from France, and would ac cept it from any nation, and to get aid they decided to teU the world their cause was just, by stating the tyranny of Great Britain, After framing their indictment, they declared that they, therefore, "ought to be free" and asserted that they were "free and independent States" — and not one State, or Nation, Lincoln declared that action formed a Union, Not a paragraph, or line, or word, stating tbe terms to bind them — ^not the shadow of any form of government — ^nothing agreed on — ^noth ing even proposed — but, nevertheless, Lincoln says they formed a Union "older than the Constitution," By the same logic (?) if, in bis rail-splitting days, bears had invaded the sheepfolds and piggeries of himself and neigh bors, and they had agreed to make common cause against the whole Bruin race; and after they bad gathered together, duly armed with flintlocks, cob-pipes and pikes, Lincoln had mounted a stump, or rail-pile, and proceeded to indict the entire Bruin nation, including all cubs, and had set out in forty counts the barbarities, the cruelties, the lawlessness, the injustice, of their neighbors in the swamps, who sneak forth at dead of night, "wben slumber's chain had bound bim," and against all civU ized warfare, and against "Universal Law" and the Laws of Nations, had chawed up bis fattest pigs and his innocent lambs, including Mary's; had turned over the wash-tub and splashed soap-suds in Towser's one eye, and put him out of the fight, had made a Rump-Parliament of old Brindle by biting off her taU, and the neighbors had then Resolved that they bad the right to be free men and by the holy Hocus-Pocus they were free and independent sovereigns — right there and then one of Lincoln's perpetual Unions would have been formed. Because the words "the Union shaU be perpetual" are in the "Confederation," Lincoln draws the conclusion that the Union of 1787 is perpetual. To get this end he over-rides two of the plainest and orthodox rules for construing all writings. He selects one word from a former contract between the same parties, and attempts to graft it on another contract between . TRUE VINDICATION OF THE SOUTH 335 them made nine years later. This no law known to civilized man permits. His attempt is as odious to the Law, to con science, and to all just men as is an ex post facto law — such as the Puritans practiced on Quakers by making laws after arrest to cover tbe offense charged. But, if it were possible for any rough-riding over civil law to be worse, he, next, surpasses that defence of law, Tbat is, he attempts to incorporate a word in the contract, or compact, between the States, tbat would make the Union indissoluble except by successful revolution — thus adding to the contract another Article, or paragraph of which the States made no mention. Two odious vices are covered up in this insidious desperate effort to justKy tbe war he intended to begin. The first is his attempt to make the States agree to a fact — a condi tion — ^they omitted to mention, or bint at ; and the second is, by that word to change a RepubUc made by thirteen States, into a Nation — a consolidated Nation — in which the federal govern ment would be the Nation, and the States would be reduced to dependencies, forever bound to it whatever might be its tyran nies, and whatever might be the injustice and oppression, not only done by tbe federal govemment, and by a combination of States against other States, but also by lawless citizens of cer tain States to citizens of one or more other States by acts over whieh the head Nation at Washington could not take jurisdic tion for prevention, or redress. Those wrongs tbat could thus be done and were done will be presented in tbe Chapter on Secession. Lincoln assumes tbat as the word "perpetual" was in the Article of Confederation four times, it was omitted from tbe Constitution by oversight of the deputies, and by the States in sovereign convention that adopted it. It was not possible by law to get that word in the Constitution in any other way. He says it is there by impUcation. If the Constitution could not be made effective without tbe word "perpeual," the courts might hold that as tbe Colonies were so emphatic for perpetuity as to say "perpetual" four times, it would not be a stretch of author ity in order to save the Constitution from faUure, to construe it as Lincoln contended. But, as the Constitution is considered as the nearest to perfection of all man's works, it is idle to dweU 336 TRUE VINDICATION OF THE SOUTH on the hypothesis of oversight. Still, let us see whether there is any possible reason to imagine that the delegates of 1787 had in mind the word perpetual or its equivalent. The Confederation was formed in 1777, during the war of the Revolution, There were no States, There were thirteen Colonies fighting for life. Technically every soldier was a traitor. The Colonies assumed the title of States, but they knew they were not — and could not be unless they whipped Great Britain, The pall of doubt covered the land. The leaders fought with ropes around their necks — ^Washington the first to bang, if defeated. He was complaining at the con duct of some of the Colonies. He wanted men and money. There was no bead — ^no organization. Patriotism was his main support. The story has been rehearsed a thousand times. Under that condition the Colonies sent delegates to Phila delphia to form a government. They were novices at that work. They committed plenary power to a Congress, It was Executive, Legislative, and, in some respects. Judicial, Their work was botched, as events proved. As they were doubtful of the result of the war, some feared defection. The New Eng land colonies were coquetting with the British — Washington complained that some were trading with the enemy. Two counties, Worcester and Hampshire, send deputies to Sir Guy Carlton, British General, to know on what terms Great Britain would receive them. The delegates felt much as men besieged, fearing that some would desert to the foe. Therefore they tried to bind every man to stand fast, and, hence, they said this agreement is "a league of friendship vrith each other for their common defense, tbe security of their Uberties, binding them selves to assist each other against all force, or attacks made on ,tbem, or any of them," etc. etc. And they kept saying this league "must be perpetual," Why say that four times? There is no other reason than trepidation. And the Colonies readily adopted the "league of friendship," It is needless to say, this league proved to be of little use to the Colonies. In 1787 — what a change! The Colonies had ripened into thirteen States — each a sovereign — as much as Great Britain. The league wagged , along — each State attending to its o-wn affairs. International complications arose. Statesmen saw TRUE VINDICATION OF THE SOUTH 337 that the league was impotent, and that another form of gov ernment had to be org£|,nized, to get rid of that stupid Con federation, It is a significant fact that of the delegates sent by the States to form a Constitutipn in 1787, but three of the forty-eight sent to form tbe Confederation in 1777 — only nine years before — ^were included. Why? Because new ideas of govemment bad been matured. The States being sovereign the statesmen wanted a government founded on principles of sovereignty, and tbe State sent deputies to Philadelphia who knew the Law that governs Nations, and, of course, the po-wers, rights, etc, of a Nation. Those statemen knew that Nations never enter into a compact, or treaty tbat contains a stipula tion that they shall be bound together forever. Such a bargain is not made except when some very weak nation surrenders itself to the control of a strong neighboring nation for protec tion, and it, thereby, loses its position of a sovereign. For this reason, and others of prudence on the part of some of the States, taught by the conduct of other States while colonies and after independence, the "perpetual" clause in the Confederation found no favor. The latter had this provision : "Nor shaU any alteration at any time hereafter (i, e, in the "forever") be made in any of these (the Articles) unless such alteration be agreed to in a Congress of the United States (colonies then), and be afterwards confirmed by the legislature of each State," The sovereign States in 1787 said the Con stitution can be amended by addition, or subtraction, without limit, at any time, at the will of three-fourths of the States, These two clauses Ulustrate tbe difference between tbe ideas of government as expressed by timid colonies struggling for liberty and IKe, and by sovereign States that knew their powers and rights, and that they could not, if they would, grant even one of them, without destroying their sovereignty. It wiU be edifying to make a record just here of the diff erent positions taken by Lincoln during that undefined contest between tbe Southem Confederacy and the combined Northern States during the four years ending in 1865, By so doing we get a good view of Lincoln's ignorance of law. We also get further insight into his lawlessness. We have seen his persistent endeavor to protect his name and fame by insisting that he 838 TRUE VINDICATION OF THE SOUTH was only trying to enforce the laws of Congress in the Southem States. He called the soldiers of the South "insurgents." He said they were in "rebelUon," and his only purpose was to suppress the "rebellion." He proclaimed that he was trying to support and defend the Constitution, In both cases — ^that is, in suppressing an "insurrection" and supporting the Consti tution, he was acting only as President, There was no war! No! indeed! If there had been a war, be would have been "Commander-in^jhief of the armies and tbe Navy." No State was out of tbe Union — that was impossible ! Therefore, he was not waging War, Now let's take another view of this law-abiding patriot, this learned lawyer and wonderful statesman. We bave seen that in May, 1862, the officers and crew of a Confederate pri vateer captured by a federal blockader were "pirates" ani Lincoln was about to bang them, but some British statesmen and lawyers taught him some law — ^that those men were not pirates. He thus learned the difference between pirates and belligerents. Again: In September, 1862, he issued bis Emancipation bull. He was not in a war ! He was only trying to compel some "insurgents" to obey the. laws. He bad said a hundred times that Congress bad no power to interfere with slavery. Where did he get that power? Every power be could exercise was given by the Constitution. And the assumption of any other power was rank usurpation and tbe act of a tyrant — a despot. Yet, he was not making war — ^he was upholding tbe Constitu tion, Again: He was not making war, but, eight days before he issued the Emancipation bull, in open violation of the Consti tution, be said to a delegation of preachers from Chicago who called on him to urge him to issue that Emancipation bull : "Understand, I raise no objection against it on legal or constitutional grounds, for, as Commander-in-Chief of the army and navy in time of war, I suppose I have a right to take any measure which may best subdue the Enemy! I view this mat ter (tbe Proclamation of Emancipation) as a practical war measure!" This lawyer and statesman who swore a few months befpre to support the Constitution, has now discovered TRUE VINDICATION OF THE SOUTH 389 ¦ — -' ¦¦¦ ¦¦ ¦ » that he was Commander-in-Chief of an army and navy, actually engaged in a War! More than tbat his "Insurgents" bad grown to be "the Enemy," Who and what is "the enemy?" Vattel and other publicists teU us — "The enemy is he with whom a nation is at open war. A public enemy forms claims against us, or rejects ours, and maintains his real or pretended rights by force of arms," Lincoln had passed the duty of sup porting tbe Constitution, No "legal or constitutional ground" bothered bim. He was engaged in a big war, and, therefore, he "supposed" he had tbe right, not as President enforcing the laws on "insurgents," but as Commander-in-Chief of millions of men engaged in a terrible war with an "Enemy," to take any measure that might best aid to conquer the Enemy!" Again: Tn 1863, some "Unconditional Union" men in Illi nois invited Lincoln, through their spokesman, J, C, Conklin ^, to attend a mass meeting in Springfield, TU, Tn his long letter to Conkling, who had told Lincoln his Emancipation Procla mation was unconstitutional, be used these words: "You say it is unconstitutional. T think differently, I thing the Con stitution invests its Commander-in-chief with tbe law of war in time of war. Tbe most that can be said, if so much, is that slaves are property. Is there — ^bas there ever been — any ques tion that by tbe law of war, property both of enemies and friends may be taken when needed? And is it not needed wherever taking it helps us, or hurts the enemy? Annies, ibe world over, destroy enemies' property when they cannot use it, CivUized belUgerents do aU in their power to help them selves, or hurt tbe enemy, except a few things regarded as bar barous or cruel. Among the exceptions are the massacre of vanquished foes and non-combatants, male and female." He then, in a letter of near five octavo pages, proceeds to talk of the "rebellion"— "the rebels"— and says— "The emancipation poUcy and tbe use of the colored troops constituted the heaviest blow yet dealt to the Rebellion, and one at least of these im portant successes could not have been achieved where it was, but for the aid of black soldiers." First, there is nothing but an "insurrection;" then, that sweUs into a rebelUon; and this grows to be a war. Second, he, as President, must obey the Constitution by enforcmg the laws 340 TRUE VINDICATION OF THE SOUTH to collect customs and duties in the Southern ports. But he finds there is an ''insurrection" in the way. He organizes a police force of 117,000 men to assist the U. S. marshals to collect the duties. He then discovers that "rebellion" is going on. Then, bis "pirates" rise to the dignity of "belligerents." Next, the belligerents are discovered to be a "pubUc enemy" and the "rebellion" has swollen until it explodes into a War. He then resorts to the rales under which "civilized belliger ents" (that is, nations) conduct war — one of which is the right to destroy the Enemy's property. He denied in the debate with Douglas that one man, under God's law, could hold another man as property, but to hurt the Enemy, he now discovers that the slaves in the South are property. So, in order "to hurt the Enemy" be resorts to the law of war between Nations, to destroy tbe enemy's property, which he proceeds to destroy by making them soldiers to shoot down their masters — the Enemy. And be finds bis power and right to destroy this class of property in tbe Constitution, which he often declared gave no power to Congress nor to the President to free the slaves. In his first Inaugural, speaking to the South, he said: "Tn your bands, my dissatisfied feUow- countrymen, and not in mine, is the momentous issue of CivU War." So that, by his o-wn declaration, if Secession was ef fected, or, as he would say, was attempted, there would be "Civil War," and he, of course, would be tbe aggressor. But, in fact and under the Law of Nations, that butchery was not a civil war, nor a rebellion, nor an insurrection. It was a war between the free States and the slave States; between eleven nations in confederation and twenty-two other nations in confederation. This has no bearing on tbe absurdities and con tradictions by Lincoln; but it is stated in answer to his own statement that the contest was a "Civil War." We are con sidering his attempt to shield himself by caUing tbe war an insurrection, or rebellion, and we accept bis contention to show his infamy and bratality in the methods he adopted to sup press an "insurrection." CHAPTER XLVIL THE LATIN MAXIM, "FACIT PER ALIUM FACIT PER SE," APPLIED TO LINCOLN. Among the many good qualities Lincoln's worshipers, through post-mortem examination, bave discovered is his heart, which they qpitomise under the endearing salutation to his shades of "Honest Old Abe." Another quality — of his head — was overlooked by the sympathetic autopsists. It is his skill as a thimble-rigger. The writer claims no credit for tbe dis covery, for it Ues on the surface of the current of his life and can be seen by all except the blind. When Lincoln started into Virginia with his Grand Army of the Republic, tbe ball under the thimble was marked "Insurrection." When be decided to issue his Emancipation Proclamation, he lifted the thimble and the same ball was labelled "War." When he invaded Virginia, the baU under the thimble had on it — "only doing my duty to enforce the laws," but when he lifted the thimble the identical ball read — "I am waging war under the rules of war that govern Nations." When he decided to issue his Proc lamation tbe ball under his thimble was inscribed— "Nations at war bave the right to destroy the enemy's property," but when he raised the thimble there stood the destroyed prop erty in blue unKorms, vrith guns, ammunition and haversacks, ready to kill their masters — ^"the enemy." No wonder is it that throughout the war he was cursed and damned by even his backers — the Abolutionists ! As he protested in all his writings, speeches, and talks during tbe four years, that he was only "suppressing an insurrection," we shall get a clear view of his humanity, justice, sincerity and knowledge of law, by a brief review of bis methods of effecting his purpose. It is one of the Laws of Nations that the head of an army, whether King, Emperor or President of a republic, is respon sible for what his subordinate officers do in the prosecution of a war. Tbe latin maxim — facit per alium facit per se, — what 342 TRUE VINDICATION OF THE SOUTH _ ; \ — one does through another, he himseK does^^appUes to the commander-in-chief of an army. Hence the acts of Lincoln's Generals were in law his own. An instance is found during Lincoln's "insurrection" that proves his recognition of that law. His Major General, David Hunter, whose military depart ment embraced Georgia, South Carolina and Florida, issued a General Order, May 9th, 1862, at Hilton Head, S. C, declaring all slaves in those three States to be "forever free." Lincoln, not approving the Order, two days thereafter revoked it. Officers in the field promptly reported their action to the Adju tant General in Washington, and Lincoln knew all that was transpiring. Just here I insert a communication from Gen, Robert B, Lee that serves several purposes. It shows, first, Lincoln's in humanity and brutal method of "putting down a Uttle insurrec tion," as he expressed himself to the European Powers ; second, his total disregard of human life and property-rights of all people of the South; third, his ignorance or contempt for the Laws of Nations, and, fourth, it illumines with the brightest light of the noon-day sun the impassable guK between the Cavalier and the Puritan ; it shows the chasm between the civili zation of the South and tbat of the North ; it is a sermon on the immeasurable difference between the exalting power of Chris tianity and brutal paganism; it is the Uving breath of Honor, Justice and Mercy, rebuking the despot, arrogant and brutal in his confidence of victory based on largely superior numbers. Finally, it will stand as a monument to Lee and bis Saxon heroes when, on the rains of the marble memorials to Lincoln, owls shall hoot to the surrounding desolation and bats shall hold their trystings in the crannies of the mausoleum of Grant, "Headquarters Army of the Confederate States, "Near Richmond, Virginia, August 2, 1862. "To the General Commanding United States Army, Wash ington : "General — ^In obedience to the order of his ExceUency, the President of the Confederate States, I have the honor to make to you the following communication: "On the 22d of July last a cartel for a general exchange of prisoners of war was signed by Major General John A. Dis, TRUE VINDICATION OF THE SOUTH 843 on behaK of the United States, and by Major General D, H. HiU, on the part of this Government. By the terms of that cartel it is stipulated that aU prisoners of war hereafter taken shall be discharged on parole until exchanged, "Scarcely, had the cartel been signed when the military authorities of the United States commenced a practice chang ing the character of the war from such as becomes civilized nations, into a campaign of indiscriminate robbery and murder. "A general order, issued by the Secretary of War of the United States, in the city of Washington, on tbe very day that the cartel was signed in Virginia, directs the military com mander of the United States to take the property of our people, for the convenience and use of the navy, without compensation. "A general order, issued by Major General Pope, on the 23d of July last, the day after the date of the cartel, directs the murder of our peaceful citizens as spies, if found quietly tiUing their farms in his rear, even outside of his lines, "And one of bis Brigadier Generals, Steinwehr, has seized innocent and peaceful inhabitants to be held as hostages, to the end that they may be murdered in cold blood if any of his soldiers are killed by some unko-wn persons, whom be desig nated as 'bushwhackers.' "Some of tbe military authorities of the United States seem to suppose that their end will be better attained by a savage war, in which no quarter is to be given, and no age or sex to be spared, than by such hostilities as are alone recognized to be -lawful in modern times. We find ourselves driven by our enemies, by steady progress, towards a practice which we abhor, and which we are vainly struggling to avoid, "Under these circumstances this Government has issued the accompanying general order, which I am directed by the President to transmit to you, recognizing Major General Pope and his commissioned officers to be in a position which they have chosen for themselves — ^that of robbers and murderers, and not that of public enemies, entitled, if captured, to be treated as prisoners of war. 344 TRUE VINDICATION OF THE SOUTH "The President also instructs me to inform you that we renounce our right of retaliation on the innocent, and will continue to treat the private enlisted soldiers of General Pope's army as prisoners of war; but if, after notice to your government tbat we confine repressive measures to the punish ment of commissioned officers, who are willing participants in these crimes, the savage practices threatened in the orders alluded to be persisted in, we shall reluctantly be forced to the last resort of accepting the war on the terms chosen by our enemies, until the voice of an outraged humanity shall coinpel a respect for the recognized usages of war. "While the President considered that the facts referred to would justify a refusal on our part to execute the cartel, by which we have agreed to liberate an excess of prisoners of war in ou^ hands, a sacred regard for plighted faith, which shrinks from the semblance of breaking a promise, precludes a resort to such an extremity. Nor is it his desire to extend to any other forces of the United States the punishment merited by General Pope and such commissioned officers as choose to participate in the execution of his infamous orders. 'T have tbe honor to be, very respectfully, your obedient servant, "R. E. Lee, General Commanding." Note the fact that Gen. Pope's order was issued by Lincoln's Secretary of War! Can any one believe that the Secretary issued that without Lincoln's permission? Is any man such a fool as to assume authority to issue such an order without the knowledge of his superior officer — Lincoln? The man who believes he did, knows less of war than an ant. By the Law of Nations, no sovereign ever takes the property of his own subjects nPt engaged in rebellion without paying for it, or giving a receipt to be redeemed after he queUs, the rebellion. When he refuses to pay he is classed as a highway robber. Here, Lincoln ordered Pope to rob tbe people of the South. He said — "take, but don't pay!" Again: No sovereign who is not a tyrant, and at heart a murderer, ever kills a subject not in arms against him. But Lincoln ordered Pope to kill any and all citizens of the Southern States who might be within his military lines. He TRUE VINDICATION OF THE SOUTH 345 must shoot I them as "spies" — without trial, without arrest — vrithout asking a question! There is nothing in tbe history of wars within the past three hundred years, or since tbe Duke of Alva desolated the Netherlands, that parallels this Order of Lincoln to murder all men only because they did not abandon homes, wives and children, and fly before bis advancing butchers. The arrest\ at his home of the Due d'Enghien by order of Napoleon, the mock trial by court-martial, his prede termined conviction in order to strike terror into the hearts of assassins of whom Enghein was only suspected as one, the de nial of religious consolation by a priest, and his execution by. torch-Ught the next morning, wear some features of law. Still, this order of Napoleon is a blood-stain on his glory that Time can never efface. But this order of Lincoln overlays immeasurably tbe horror of that of Napoleon, The man and the spot where he might be seen dispensed with arrest, trial and proof of guilt. Lincoln's order was his death warrant, and every white or black vagabond clothed in blue was com missioned to murder him. Is other proof required of tbe demoniac purpose of Lincoln in precipitating the war without convening Congress; of bis thirst for blood, of his hatred of" slave-owners? Is there a parallel, in any open war between nations, to this command to assassinate innocent citizens dur ing an "insurrection?" If this infamous order were the only evidence of brutality, it is enough to enroll Lincoln's name with the Duke of Alva, but it is one link only in a chain that stretched, step by step, hour by hour, by night and by day, over State after State, to the City of Columbia. When Gen. Lee had to draw in his lines to defend Richmond, Phil Sheridan, under an order to make the Shenandoah Valley a wilderness, swept through it, burning dwellings, barns, mills — destroying everything that could support life. He boasted that "a crow flying over the valley would have to carry its rations." But as it is impossible to make a record of the barbarities of three million men scattered through sixteen States during a period of nearly four years, we wiU conclude this view of Lincoln by reference to the "March through Georgia," Lincoln gave free rein to a General more savage than the Indian Chief whose name he bore. His Lincolnian method of "suppressing 346 TRUE VINDICATION OF THE SOUTH insurrection" was so glorious that it inflated a Northern rhymester with doggerel until it exploded into a National Hymn called "Marching through Georgia." He signalized his march, first by applying the torch to Atlanta, after driving from their homes non-combatant women and children to bear the peltings of pitiless storms without shelter or food. There being no enemy between him and the sea, he must demonstrate his generalship by giving battle against something. So he deployed his troops to the right, then to the left, and by tact ical flank movement he closed in on empty dwellings, negro quarters, gin bouses, hen roosts, pigsties and barns, and cap tured tbem\ without the loss of even one of his heroes, dead or wounded, or firing a gun. But as a conquest without firing a gun is not considered as the highest proof of generalship, or heroism, some firing bad to be done. So the general then cele brated his victory by firing tbe dwellings, tbe gin houses and the barns. Now, every Northern visitor of musical procUvity knows that Southem mules are very polite and affectionate in front, and when they behold a large drove of their relations approach ing they salute them with most vociferous joy. General Tecum- seb, not being well acquainted witb this family greeting, at once conceived tbe idea that tbe mules'- exclamations, which are not so enchanting as sonorous, were disrespectful to the Flag — "Old Glory." Besides, he was indignant because he construed the insurgents' hee-haws to be an imitation of Lin coln's guffaws that he al-yvays gave in applause of his o-wn stories. He therefore ordered the Corps commanded by "Black Jack" Logan to deploy so as to surround the "insur gents" and close in, with "bayonets at charge" and arrest them, but not to advance if "the enemy" tumed their heels, "Black Jack" ordered his band to play one of Lincoln's favo rite hymns, composed by himself — "Hail Columbia, happy land. If you aint drunk I will be damned," This music was rendered to soothe the savage breasts of the "insurgents." The "insurgents," seeing so many familiar faces advancing, and being moved by the sentiment of Old Abe's favorite song, repeated their friendly salutation and TRUE VINDICATION OF THE SOUTH 347 sang bass in chorus vvith the band. Being thus diverted by the tactics of the enemy the capture of the "insurgents" w^s achieved without firing a gun. A court martial was hastily convened. Tbe "insurgents," while accorded tbe right to be tried by their peers, were denied their constitutional right to be represented by counsel, and were forthwith found guilty on two charges, first of "insurgency" or "rebellion," and second, of having twice insulted the Flag, and mimicked the Com mander-in-Chief of the Army and Navy. The young "insur gents" were sentenced to serve in the Artillery "for and dur ing the insurrection," and tbe old "insurgents," who, the court martial assumed without proof, had at some time been sworn to support the Constitution — ^which of course included respect for the flag — ^were sentenced to be shot without benefit of clergy. Now, it is "a Universal Law" (this is quoted from Lincoln's Inaugural, and must be accepted as good law by all law-abiding citizens) among aU civilized peoples that horses, mules, cows, hogs and chickens are classed as non-combatants — ^roo^ters alone excepted. This exception is due to the fact that one of the vride variety of Abraham Lincoln's many businesses, before he became commander-in-chief of the Army and Navy of the United States of America, was cock-fighting. With that single exception in respect for bis memory, his "Universal Law" we must accept as almost correct, although we are not acquainted vrith it. We can believe, however, that it must be immense. Now, wiU the next biographer of "humble Abraham Lin coln" (as he always spoke of himself when bunting for office), teU us why he did not obey his Universal Law whUe "only quelling an insurrection?" Universal Law must be God's law —man cannot make "Universal Law." By what law did he draft non-combatant mules and make soldiers of them? By what law did he permit Tecumseh 's officers and privates to loot and plunder every house they came to in Georgia— the officers having the first grab and the privates "confiscating" what the officers could not take away. By what law, after Tecumseh enlisted the mules and horses in the artUlery and cavalry, and the cows,- and hogs and chickens in his commis sary department, did he shoot aU old mules and horses too old 348 TRUE VINDICATION OF THE SOUTH to be enlisted ? Why did he deprive the old mules and horses of the bounty that was paid on enlistment, and, also, of the benefit of the next pension the Republican Congress intended to vote to them or their children, or to the next of kin? The fact that "mules have neither pride of ancestry nor hope of posterity" is no obstruction in the path of Congress to the treasury. Tf it should be, it will ha've tbe honorable distinction of being the first and only one. By what law did Lincoln sweep clean tbe homes of -widows and orphans, the stables, barns, hog-pens, henneries, smoke houses, of every thing therein, and set the torch to every build ing and shed in his triumphant "March through Georgia?" Was this ruin and inhumanity perpetrated by bim by right given by the laws of war as established by the Law of Nations ? No! Never! He cannot blow hot and cold in the same breath. There is no chance here for thimblerigging; "out of his own mouth he shall be condemned." "In tbe corrupted currents of this world. Offence 's gilded hand may shove by justice. And oft I'tis seen the wicked prize itself Buys out the law ; but 'tis not so above : There is no shuffling ; there the action lies In his true nature ; and we ourselves compelled Even to the teeth and forehead of our faults To give in evidence." Lincoln tried to perform an impossible feat. He tried to ride on both sides of a sapling at the same moment of time. He tried to ride, at the same time, two horses going in opposite di rections. He tried to justify bis Emancipation Proclamation by appealing to the Law of Nations which permits destruction of "the enemy's" property in time of War. Tf he was waging war, then under tbe Constitution be bad no rigSit to wage war against a State or States. War is a contest between different independent nations. The rules of war cannot be resorted to by a sovereign, or other ruler of a people to suppress an insur rection, or a rebeUion. Tbe rules are as different as is the difference of war between two sovereigns and any domestic uprising, whether it be sedition, insurrection or rebellion. Tf there was no war, Lincoln could not conduct his military opeira- TRUE VINDICATION OF THE SOUTH 349 \ tions under and according to tbe laws governing enemies at war. If there was war, then the CoiKederacy was a nation, and was no part of the Union, and he had no more right or power to invade this territory with an army than he had to invade Canada or Mexico without cause. And every man and boy killed those four years was murdered by command of Abraham Lincoln, and he stands before the courts of the world and before the Judgment Seat of God drenched in tbe innocent blood of a million men. If there was no war, if that struggle was only an insurrection, then be stands seK-condemned as tbe most brutal, savage, heartless, robber of women and children that has ever robbed, stolen, and killed at tbe head of armies. CHAPTER XLVm. THE CUNNING AND TREACHERY OF LINCOLN. William H. Seward, Lincoln's premier, said of him — "His cunning amounts to genius." He thus assigns to his master intellectuality of a high but not enviable order, as the Bible says "tbe serpent is the most cunning of aU beasts." Premier in position, this official is premier of all witnesses. He had dis sected his subject from his early manhood to his death. No man knew Lincoln so weU as this witness. Besides, Nature had endowed Seward so amply with the same low quality that his testimony has the additional value of the confession of superiority wrung from a jealous competitor. He boasted of his cunning in deceiving Jefferson Da-ris. (Usher's Reminis cences of Lincoln, page 80.) He deceived Virginia's Peace Commissioners by such base cunning that, on the train bearing them home with high hope was carried Lincoln's caU for 75,000 troops to invade Virginia. Like master, like man. A trace of Lincoln's cunning vriU now be made. The reader is invited to read carefully again the evidence of Dr. Holland, one of Lincoln's admirfers and eulogists, quoted on page 374. The writer challenges the worshipers of the dead Lincoln to produce from the records of history a parallel to this descrip tion of any man, given by a multitude of unbiased friends, associates and neighbors. "Tbe dead Lincoln" is mentioned because the Uving Lincoln had no, worshipers, and his few admirers were the negrophiUsts. Is this testimony of " a cloud of witnesses," disinterested and unimpeachable, to be ignored — ^to be denounced as false — ^unworthy of belief? Yes — fanatics are not to be balked wben they set their faces to peach a de sired goal. They have swept away these witnesses as a tempest clears a path of dead leaves. And Seward, too, has been rele gated to the Club of Ananias. TRUE VINDICATION OF THE SOUTH 351 What man has ever worn from youth to manhood— from manhood to his death at 54 years— such a bewUdering, impene trable masque ? Mephistopheles, a creature of a glowing imag- mation, f aUs short of this reality. Machiavelli, flesh and blood, did not accompUsh tbe achievement here, by unanimous ac claim, accorded to this mortaL But we leave these slaughtered witnesses in the ignoble obUvion to which fanaticism and hatred of the South have con signed them, and pass on to summon another class not so re spectable but of undeiuable veracity. Chief Justice Marshall once said to a lawyer who was insisting that a certain thing was a fact because it was stated in a statute — ^"Do you think an act of legislation can create or destroy a fact, or change the truth of history? Would it alter the fact K a legislature should solemnly enact that Mr. Hume never wrote the history of England? A legislature may alter a law, but no power can reverse a fact." Daniel Webster was in court and heard the colloquy. . I These damnifiers to perdition of Seward, and 'Lincoln's friends, associates and neighbors, must meet the facts that do not, caimot Ue. They may pile books over and around their idol mountain-high, but their labor to falsify history will be in vain. What foUows here, expository of Lincoln's- cunning, vriU relate only to slavery, his poUtical schemes before election in 1860, and what he^ did after his election to tyrannize both the South and the North. When a boathand he floated down to New Orleans, There he loafed several days "to see the sights." Among them was a sale of some negro slaves. He turned to his fellow boatmen, and, vrith aU his energy of speech and gesture, swore — "if ever I get a lick at that thing, I'll hit it hard ! " From that hour he was transformed into an enemy of slaveholders and of slavery. "To hit them hard" was from that day his ambition. We shall see that he never faltered, and that his cunning guided him through many devious paths to his goal. We must skip twenty years or more as uneventful in his career. But terrible com motions were over the Union, caused by the rapid growth of the Abolitionists as has already been described. He was sent to the legislature several times during that interval. His only 352 TRUE VINDICATION OF THE SOUTH distinction won by that service was bis bill, which was enacted, fpr the State of lUinois to enter upon a vast system of internal improvements that came near putting the State into bank ruptcy. This is a part of his record as a statesman. If any thing he was a Whig; but bis political garment was like his own personal attire, tbat never fit well enough to exhibit fuUy or to conceal his natural deformities. From manhood he was ambitious — and always for political position. Herndon and Lamon — ^his biographers — emphasize this longing for office. In 1846 he aspired to be a member of Congress, and was elected. From tbat time to 1858 his gaze was always directed to some office. In 1858 he aspired to be U. S. Senator. Then followed the debates between him and Douglas — ^which wafted his name beyond the borders of Illinois. The Whig Party had gone to pieces in 1852. The Northern section drKted by natural affiUa- tion into the Abolition camp. Lincoln, wary and vrily, held back. That camp then was imder the ban of the law-abiding. Lincoln was importuned to join it, but feared to enter. "He ran with the hare andwfbarked vrith the hound." That is, he was cheek by jowl vrith its members, but shied at sight of their camp. During their joint debates Douglas often charged him with deceit and cunning. Northern Illinois was thoroughly tainted with abolition, while Southem Illinois was democratic. Douglas charged that Lincoln had the face of Janus, One he held to the North and the other to the South of the State. He had a different speech for each end of the State. Cunning ! ^ On a night appointed the Abolitionists were to hold a pubUc meeting in Springfield, the capitaL Lincoln was urged to attend. He agreed, but, in the afternoon be found important business in the country and fled. Cunning ! Tn 1854 the AboU tionists were re-baptized the fourth time, and came to the sur face cleansed of their sins and named Republicans. Still, Lineoln could see the same old woK under the sheepskin that was whelped in Boston in 1832, It had grown immensely, but he doubted its longevity. The first christenmg still stuck to it, and Lincoln beUeved it might not survive that ignominy. He was a furious aboUtionist in talk, but Lincoln's ambition was the governor of his acts. Cunning ! TRUE VINDICATION OF THE SOUTH 353 But those instances of cunning, while indicative of his nature, are of minor value compared to his action after his election as President, and to these we now turn. During the short session of Congress before he assumed control of the reins he kept daily watch over its proceedings. He was op posed to all propositions for an amicable adjustment by com promise. He telegraphed E. B. Wasbburne, a member from Illi nois, to oppose all such offers. Any compromise would have robbed Lincoln of the opportunity to gratKy his ambition to be the Great Emancipator. His administration would have been the most contemptible of any since the Union was formed. Per sonally he was gibed, jeered, hooted at, over the North. He was dubbed ape, gorilla, fool, gawk — ^by his own Party and by his party press. He would have been tbe butt for foreign am bassadors, for fashionable society, and of members of Congress. And his first term would bave been his last. He knew this as well as he knew that if his party had believed there was reason able hope of bis election, he could not bave been nominated. Cunning! On December 21st, 1860, be wrote to E. B. Wash- burne a letter of which tbe following is a copy. It was marked "confidential," "Springfield, Dec 21, 1860. "Hon. E. B. Wasbburne. "My dear Sir: — Last night T received your letter giving an account of your interview with Gen. Scott, for which I thank you. Please present my respects to the General and tell him confidentiaUy T shall be obUged to bim to be as well prepared as he can to either bold or retake the forts, as tbe case may require, at or after tbe inauguration, "Yours, as ever, "A, LincoUa," This letter the pubUc knew nothing of until 1885. South Carolina had seceded the day before, but no fort bad been taken or occupied by her. But South Carolina, the day before (December 20th), bad seceded. Does it require a seer to know what was in Lincoln's mind — ^what his purpose was— wben be indited that letter to be held in confidence by both Wasbburne and Gen, Scott? "Be prepared to retake forts wben I become President!" Was he such a simpleton as to believe tbat forts 354 TRUE VINDICATION OF THE SOUTH once taken by seceded States could be retaken by the asking? If so, why instruct tbe General of the Army to get his forces ready — "to be prepared?" A rice-field negro in Carolina, see ing this letter, could discern behind it the tyrant — the tiger crouched for tbe deadly leap. Now lay the following letter to Alexander H. Stephens by the side of the above to Wasbburne, and note the difference. The true Lincoln wrote to Wasbburne ; Lincoln with his masque on — ^the cunning Lincoln — wrote to Stephens, But one night passed between the two utterances, "December 22nd, 1860, "Hon, Alexander H, Stephens, " Crawf ordville, Ga, "Dear Sir: — ^Do the people of the South entertain fears that a Republican administration would directly or indirectly inter fere with the slaves, or with them about their slaves? Tf they do, I wish to assure you, as once a friend, and stiU, I hope, not an enemy, that there is no cause for fear. "Yours truly, "A,LmcoUi," This letter, also, was to be held confidential. He wrote on it "for your own eye only," If his design was to make a peace- offering to the Soiith, why put Stephens on his honor to keep the contents secret? Of what avail would be his assurance tbat there "is no cause for fear," if it is locked up in Stephens's breast? The cunning of the serpent, revealed by bis action four months later, is read of all men. While he was arming for war, be designed to keep the South inactive and unprepared, so he could strike a decisive blow. But it may be asked — ^why pledge Stephens to keep bis peaceable purpose secret? There in his cunning and perfidy are shown. He knew that an open address to the people of the South would be construed by them as a trick, and his fanatical followers, who had chosen him as their leader avowedly to free the negroes would charge him vrith cowardice, and treason. But he knew that no .man could be expected to keep secret a communication affecting the safety, or IKe, of the republic. He knew it would be used as he intended it should be — and hoped that its effect would allay fear and delay preparation to meet Scott's army. If published TRUE VINDICATION OF THE SOUTH 355 he could defend against the fanatics by proving it was but a trick to keep the South quiet. In proof of this he would show his confidential letter to Wasbburne written only the day before to teU Scott to get ready for war, ^ The next public exhibition of cunning was in his Inaugural address, March 4tb, 1861, Bearing in mind his telegram to Wasbburne to oppose all compromise that would give another foot of territory to slavery, and his letter telling Scott to pre pare for retaking forts (which he knew meant war), we quote only a few words he addressed to the South. After saying "it is the declared purpose of the Union tbat it wUl constitutional ly defend and maintain itseK," be adds: "Tn doing so, there need be no bloodshed or violence, and there shall be none unless it is forced upon tbe National Authority. In your hands, my dissatisfied countrymen, and not in mine, is tbe momentous issue of Civil war. Tbe Govemment will not assault you. You can have no conflict without being yourselves the a^ressors!" (Aside: "Hurry up, Gen Scott! to retake and hold tbe forts!") "I am loath to close. We are not enemies, but friends. We are not enemies. Though passion may have strained, it must not break our bonds of affection. Tbe mystic chords of memory, stretchmg from every battle-field and patriot grave, to every Uving heart and hearthstone, all over this broad land, vrill yet sweU tbe chorus of tbe Union when again touched, a,s surely they vriU be, by the better angels of our nature." There wiU be "no bloodshed— no civU war"— all wiU be lovely. But— "hurry up ! Gen. Scott ! and get ready for war !" "But don't you dare to say a word of my letter!" Bemg instaUed, bis Cabmet assembled— the Arch Anarchist, his premier and cunning adviser, present— orders were given to the Secretaries of War and Navy to hurry preparations for the straggle when he should give the order. From bis high emi nence be realized his terrible dUemma. He had been chosen by the lawless elements to ride down the Constitution— tbe bond of Union, He knew bis band was a minority, and, as aU mobs are, unpopular and impecunious. He dared not revel his purpose to demonstrate that this country must be "aU free or ^U slave," Abolition by force would not be tolerated in the North— men and money would not support him. Hence, he 356 TRUE VINDICATION OF THE SOUTH must reach his goal by circumvention. That opened a field for the exercise of his greatest endowment — cunning ! And for suc cess he had chosen one who stood but little lower than himseK in the art of deception. The slogan of Freedom for the negro could rally the fanatics — who, like Falstaff 's regiment, could steal a shirt from every bush as they had stolen negroes — ^but they were only fighters with tongue and pen, with paper bul lets. He must wait until time, accident, or some move by "the enemy" should give a rallying cry. Soon after Carolina seceded. Major Anderson — ^in command of Forts MoiUtrie and Sumter, and Castle Pinckney, had sud denly evacuated the first two — spiking the guns, burning the gun-carriages and cutting down the flag staff — and had moved the garrison into Fort Sumter, whose guns covered Charles ton. Then followed an attempt to reinforce Sumter with men, arms and supplies. The vessel — ^"Star of the West" — sent for that purpose was flred on by Carolina troops in the abandoned forts, and returned North, These acts were done under Buch anan's administration. The shots at the United States fl'ag flying on the "Star of the West" produced no war enthusiasm in the North, Meantime Congress was seething with proposi tions for a compromise to restore peace between the two sec tions. To be brief — all efforts at adjustment failed, Lincoln was prompting Wasbburne and others to vote them do^wn. Eight days after Lincoln's inauguration two of the Con federate Peace Commissioners — Crawford and Forsyth — ^having arrived in Wa,shington, presented by letter their credentials to Lincoln's premier — Seward, Lincoln refused 'to see them, and turned them over to his wUy ad^viser. He played them off. They were told — "Mr, Seward desired to avoid making any reply at that time." But he wrote a "Memorandum" as a reply, March 15th, and concealed it in bis office. Then Justice Campbell of the U. S, Supreme Court appealed to Justice Nelson, a friend of Seward, to see him. Justice Nelson did so, and reported to Justice CampbeU, and assured bim tbat "Seward was strongly inclined to a peaceable arrangement," Judge Campbell then sought Seward and bad an interview. The result was tbat he "felt entire confidence tbat Fort Sumter would be evacuated in ten days, and that no measure TRUE VINDICATION OF THE SOUTH 857 prejudicial to the Southern Confederate States are at present contemplated, ' ' Seward was informed of the assurance having been reported by Justice Campbell to the Confederate Commis sioners , This assurance was communicated to President Davis, who, relying on Seward's honor, suspended all military opera tions at and around Charleston. This "Memorandum" pre pared by Seward on March 15th, was still sleeping quietly in its pigeon-hole. It enjoyed twenty-three days of rest before it was aroused and thrown in the face of the Peace Commis sioners to explode as the opening bomb of tbe war. But during that ominous slumber a squadron had been fitted out secretly in New York harbor to proeed to Fort Sumter with troops, guns, ammunition and pro-visions as supplies for a siege, Tbe Peace Commissioners again requested Justice Campbell to see Seward, and he renewed bis ironical assurance in words tbat are emblazoned in history. He replied to Justice Campbell — "Faith as to Sumter fuUy kept — ^wait and see!" The next morning Justice Campbell and the Peace Commissioners read in the press tbat Lineoln bad sent a messenger to Gov. Pickens ^of South Carolina tbat Fort Sumter would be relieved "peace ably or by force." The war fleet was then at sea on its voyage to Sumter. The "Memorandum" was then aroused from its repose of twenty-three days to do its deadly work. Cunning? Yes — double cunning! Seward was fooling the Peacemakers at Lincoln's command, while Lincoln was fooling Seward and tbe country. Seward, all his biographers and eulogists say, was indifferent to Secession. He said "it was all a humbug." He said to Wm. H. Russell, war correspondent of the London Times, "I am confident there will be reaction. The seceded States wiU see their mistake, and one after another they wUl come back into the Union, ' ' How was Lincoln fooling Seward? He made Seward bold back tbe "Memorandum," which was to dismiss the Confederate Commissioners with con tempt, whUe he was hurrymg WeUes, Secretary of the Navy, to get a fleet off to Fort Sumter, He knew Seward was not for war as tbe first step, and he concealed from him that bis pur-' pose was to force tbe Confederates to fire on "Old Glory" to give bim what he needed, and without which be could not arouse tbe war-spirit in the North, He planned to send the 353 TRUE VINDICATION OF THE SOUTH fleet because he knew it would open the war by which his life ambition to be the "Great Emancipator of tbe Slaves" could be realized. That Lincoln's cunning may be clearly understood it is important to bear in mind his declarations and compare them with his acts, ' 'There vrill be no civil war — ^no hostile invasion. I only intend to enforce the laws as I have sworn to do." His premier, at Lincoln's command, informed, by letters, the crowned heads of Europe, that the disturbance in this country was nothing more than an insurrection. Every Ruler in the Old World knew what that word means, and witb their igno rance of our complex form of government, believing that our President, like themselves, was the supreme Ruler, and, as such, had authority to quell an insurrection with his army, they accepted his falsehood as truth. Again : To avoid tbe donstitution, and the well known fact that the delegates who framed the Constitution voted down unanimously a proposition to give the federal govemment power to make war ousa State, Lincoln and Seward kept on repeating the declaration, at home and abroad, tbat there was no wa.r — and he was only trying to quell an insurrection. This falsehood was veiled in the hourly and unvarying use of the words "Rebel" and "Rebellion," This cunning was to inspire his soldiers vrith the pleasing delusion tbat they were tbe heroic patriots fighting and dying "to preserve liberty by saving the Union," As they knew nothing of the law that established immovably the relations of the States and tbe federal govern ment, and had dinned into their beads that the mighty federal government was a Nation, like Great Britain, or Spain, or Russia, they had no conception that Lincoln in contemplation of law, and through hatred of the South and slavery, was using them as cut-throats and murderers, to gratify bis insane ambition. Before entering the dark and dismal labyrinth where lay shrouded from mortal ken the secret impulses of the heart of this human Sphinx, let us contemplate the panoramic scene stretching far and vride around him when, after tbe mockery of kissing the Book he had labored to discredit by mimicry and ridicule, and after quaffing the delicious plaudits of his TRUE VINDICATION OF THE SOUTH 359 fanatical foUo-wing — he, Uke tbe Turk "at midnight in his guarded tent," in the solitude of his imperial couch, was dream ing of the glory tbat awaited him. Then another panorama, bodied forth by an imagination of infinite sweep, rises unbidden to our vision, that, in some of its gloomy and horrid features, bears resemblance to this one of reality now before us : "High on his seat of royal state, which far Outshone tbe wealth of Ormus and of Ind, Or where tbe gorgeous East, with richest hand Showers on her Kings barbaric pearl and gold, Satan exalted sat, by merit raised To that bad eminence, " As comparison of small things to great, ofttimes, by contrast, enforces comprehension, just as pictures of scenes in history make more lasting impress on tbe mind than verbal description, we wiU take a glance at two colossal figures — one, tbe hero of a sublime Epic — of war wagisd in Heaven ; tbe other, tbe ruling spirit in the world's most terrible tragedy; one in war celestial, the other in war terrestrial ; one, a Rebel, falling from his lofty angelic station — "with ambitious aim, "Against the throne and monarchy of God Raised impious war in Heaven;" The other, from man's lowest station in his fallen state, rising above the ground by capillary ascension, "witb ambitious aim," against aU laws of men and commands of God, raised impious war on His footstool. One, mad by ambition, overthrown, preferred "to reign in HeU than serve in Heaven;" tbe other felt that "to reign is worth ambition, though in Hell!" Obe, Chief m command of millions of fallen angels, assaulted for destruction tbe battle ments of Heaven; tbe other. Chief in command of millions of fallen, rebeUious mortals, assaulted for destraction Earth's strongest Temple — the only Paradise the chUdren of Adam and Eve have enjoyed smce they fell by sm and were driven from the Garden of Eden, CHAPTER XLIX. LINCOLN'S DECEPTION OF THE PEOPLE NORTH AND SOUTH. The lie sp oft repeated as to be now a part of history as made by Northern writers, is, that the vessels controlled by the common agent of all the States — the federal govemment— which bad been sent into the Southern waters, were merchant vessels. How came it tbat only four days after Lincoln's Call for troops, he issued a proclamation to the world of the block ade of all ports in seven Southern States, and that all persons who should molest the vessels would be treated as pirates? Were they changed from merchant vessels, armed with cannon and carriage, maimed and fully equipped, and at their blockade moorings, within four days — ^three of which were required to reach the nearest, and seven days to reach the farthest of the blockaded ports stretching from Charleston, S. C. to Galveston, Texas? Lincoln's worshipers mijist take one or tbe other bom of a dilemma here presented — either tb^t he proclaimed a false hood to the nations of Europe, or accept Seward's dictum of Lincoln's cunning, and, also, of bis perfidy in dealing witb the North as well as with tbe South. He was "fooling all the people" at tbat early stage of his Dictatorship and Despotism. The people of the North did not dream of the cunning of this victim of melancholia who had for many months been preparing for tbe coup de grace sprung on the North within one month after he took tbe oath of office to support the Constitution. But the cunning he showed in deceiving the Confederate Commissioners and Justices Campbell and Nelson, and the Com missioners sent by Virginia, and all Europe, by his paper- blockade, was negligible in comparison witb his deception of the people of tbe North. Tbe history of the period between secession by South Carolina and Lincoln's inauguration proves that tbe controling people in tbe North were against war on the Confederate States. Horace Greeley, whose paper, the TRUE VINDICATION OF THE SOUTH 861 Tribune, was the strongest molder of public opinion on the ques tion of slavery, said — "Let tbe wayward sisters go in peace." Seward — ^Lincoln's mentor — said, "Tbe Southern States will soon see their mistake and return to tbe Union." The most rabid fanatics on slavery had accomplished their purpose — ^they had gotten rid of that "twin sister of barbarism." They knew that tbe remaining slave-States would be compeUed, for secu rity, to follow and join the seceded States. President Buch anan, guided by the written opinion of his legal advisei;', Attor ney General Jeremiah S, Black, had decided that tbe President had no right to invade a State with a hostile army. The religious section that bad faUen in behind tbe irreligious fanatics were appeased by ridding the Union of "the sin of slavery." The radicals who bad threatened to secede and form a Noi^thern Confederacy, bad attained their aim by the secession of the slave States. The commercial interests, so potent with the purse for peace or war, were against war, especially by invasion of the South. Mass meetings were held in New York City and Philadelphia and expressed their opposition to fraternal bloodshed. The legislature of Massachusetts showed a spirit of reconciUation by modifying her Personal Liberty Law by an Act passed as late as March 25th, 1861. Many other facts could be given to prove tbat the overwhelming majority of the men at the North had no thought of or desire for war between the States. But more than 1,800,000 voters, all of the Free States,, had chosen a man to rule them and to hold their lives at his will, of whose bosom-councils they were in total ignorance. They had blindly placed themselves as pawns in the game he intended to play vrith the God of Battles. Fanatics see but one object, and that is projected forward from the brain, Nothmg to the right, tbe left, or the rear is visible. So ignorant as to believe that a President could abolish slavery, and that it would con tinue so long as a Democrat should be President, they haUed Lincoln as the deliverer of the country from that abomma- tion. Their cry was not in vain, but litle did they dream that. to answer then- prayer, he, to the music of "Tbe Dead Man's March," would wade through their blood and stride the trenches where their flesh lay rotting. 362 TRUE VINDICATION OP THE SOUTH On the 20th of April, by his order, the shipyard at Norfolk, Va.j was set on fire at midnight and abandoned by the com mandant and garrison. One warship was burned and six frigates were sunk. All other property in the shipyard belong ing to the States was burnt or broken up. On tho 21st the officer in command at Harper's Ferry burnt the buildings belonging to the States, and moved bis command to Washing ton; and on the 22nd of April Lincoln directed his Secretary of War to express to the officer in command his approbation of the destruction of tbat valuable property. On the 19th of April troops from New York and Massachusetts arrived in Balti more. There and then occurred the first conflict and was shed the first blood of tbe war. Patriotic citizens, unarmed, disputed the passage of armed troops through Baltimore to make war on the South. They fought guns with rocks gathered from the pavement. A few soldiers were wounded — some citizens were killed and many were wounded. Some troops got through to Washington, while those in the rear were turned back. On the 21st, Mr. Brown, Mayor of Baltimore, and other prominent citizens, at Lincoln's request, went to Washington, They went before the Cabinet in session, and Mayor Brown made a report in -writing of what Lincoln said. The report, in part, was as foUows: "The protection of Washington, he asseverated with great earnestness, was the sole object of concentrating troops there ; and he protested that none of the troops brought through Maryland were intended for any purpose hostile to the States, or aggressive as against the South," Cunning! Perfidy! There were no Confederate soldiers nearer Washington than Charleston, S. C. Why bad he ordered the shipyard and ships at Norfolk and all property at Harper's Ferry to be burnt? But we will leave Lincoln to answer Lincoln, An army had been organized, and under command of Gen, B, P, Butler, on the 5tb of May, it took military posses sion of the Relay House near Baltimore, and held it until the 13th, when he marched to Federal HUl, and issued a brutal proclamation to the people of Baltimore, All manufacturers of arms and munitions of war were ordered to report to him. Thus within 21 days after Lincoln's solemn assurance to Mayor Bro-wn of Maryland's security from any hostility, be planted TRUE VINDICATION OF THE SOUTH 363 his heel upon her neck. One reflection here, before we proceed, is of great interest to statesmen and lawyers. Lincoln, by con cession, was the agent of tbe States. His powers were crit- icaUy deflned and expressly Umited. Yet, through ignorance of law, or, far worse, through perfidy and despotism, be destroyed by fire property of the States at Norfolk and Harper's Ferry worth millions of doUars, For this, he could and should bave been impeached. For this, a Congress of statesmen and patriots would have impeached him, and there would have been no war. But power in the hands of a fanatic, who, by the testimony of his intimate friends from boyhood, among whom was his Attor ney General, James Speed, was afflicted with lunacy, acquires ¦ rapid and destructive momentum. Tbat persistent melancholy mood observed by aU, that constantly found a foil in dirty stories, and in reading Petroleum Nasby's exaggerations, was not then understood, Maryland's subjugation proceeded witb furious celerity. Lincoln ordered Gen. Butler to disarm Baltimore. He obeyed and stored tbe arms in Fort McHenry, He then ordered Gen. Banks, successor in command to Butler, to arrest the marshal of Baltimore, and to imprison him in Fort McHenry. To this tyranny tbe Mayor and police officers entered a written protest. For that they — Charles Howard, Wm. H. Gatscbell, Charles D. Hinks and John W. Davis — ^were arrested and put in prison. A Provost Marshall then ruled Baltimore. This was done on July 1st. The legislature met. A committee was appointed^ to whom was referred the appeal to tbe legislature of the imprisoned poUce commissioners. The Hon. S. Teacle Walli^, chairman, made the report for tbe committee, in which they appealed to the country and all parties to take warning from the usurpa tions and to come to the rescue of Liberty and the RepubUc. Thereupon Gen. Banks sent his Provost-marshal to Frederick with an armed force, surrounded the town, and advancing on the legislature, arrested Wallis and a sufficient number of the legislature to break a quorum. Among them were Henry, M. Warfield, Charles H. Pitts, Ross Winans, John Hanson, and F. Key Howard. Thus was the legislature suppressed. Henry May, a member of Congress from Maryland, was also arrested 364 TRUE VINDICATION OF THE SOUTH and imprisoned. From that day to the end of the war Mary land was ruled by the military as Rome ruled a conquered province. Let us pause a moment to view this ruin wrought by a per jured, brutal despot to gratify an insane lambition. Never had a tyrant wound around him such a net of falsehoods, inconsist encies, contradictions, each and all first dyed in blood. Mary land had not seceded. She was a sovereign State in the Union. The only bond of that Union was the Constitution. Lincoln was the creature of that Constitution. Maryland was one of the thirteen States tbat made it. Lincoln had just sworn to support it. To avoid cavil, or possible dispute, we assume for the mo ment that a State had no right to secede. That step Maryland had not. attempted, Lincoln protested that bis only puirpose in calling for an army was to enforce the laws. Maryland bad not resisted any federal law. Even in South Carolina there had been no resistance to any law, Lincoln had not attempted to enforce any federal law in Carolina, Fort Sumter bad been taken by Carolina, but Maryland was no more a party to that act than was Massachusetts, Then what law was he trying to enforce in Maryland ? The police of Maryland had -violated no federal law. They had tried to control tbe men who attacked tbe militia who had responded to his call. They picked up guns and baggage of the troops and gave them to the soldiers. By what law did Lincoln arrest and imprison tbe police, tbe police commissioners, the Mayor, the members of tbe legislature of Maryland, a member of Congress, and imprison them in Fort McHenry and Washington, and then send them to other prisons in the North? Yes; be was only enforcing tbe laws and had just sworn to support tbe Constitution, which told him: "The privUege of the Writ of Habeas Corpus shall not be sus pended unless when in cases of rebellion or invasion the public safety may require it." Was it chance or foreknowledge that determined Lincoln to select Benjamin F. Butler, a Puritan, and of Massachusetts, and a civilian, to tyrannize over Maryland? Did he not know his man? Was it chance or design that chose N, P, Banks, another Massachusetts Puritan, and a civilian, to succeed Butler to prolong tbat tyranny? The names of a few of the victims ar- TRUE VINDICATION OF THE SOUTH 865 rested and imprisoned by these satraps of the despot, have been given, tjut they arrested ninety-seven leading citizens of Mary land and put them in dungeons, without warrant, without definite charge, refusing to obey the writ of habeas corpus, and done on Lincoln's order alone. With a brief notice of but one incident illustrative of the inconceivable contrast between Maryland's condition in 1814 and 1861 — only 47 years — ^we will pass on to survey a far wider field of like despotism. One of the noble sons of Maryland, thus imprisoned, was F. Key Howard, a grandson of Francis S. Key, the author of "Tbe Star Spangled Banner." He shaU tell his own story. In his experience called "Fourteen Months in American BasfiUes," page 9, be writes: "When I looked out in the moming, I could not help being struck by an odd ana not pleasant coincidence. On that day forty-seven years before, my grandfather, Mr. F. S, Key, then prisoner on a British ship, had witnessed the bombardment of Fort McHenry, Wben on the following morning tbe hostile fleet drew off, defeated, h© wrote the song so long popular throughout the country, the Star-Spangled Banner, As I stood upon the very scene of the conflict, I could not but contrast my position witb his, forty- seven years before. The flag which he then so proudly hailed, I saw waving at the same place over the victims of as vulgar and bratal a despotism as modern times bave witnessed." And the Puritans of New England, under Butler, were then regaling tbe ears of victims of their despotism in that Bastille with music of a brass band, tbat run to the words — "Tbe Star-Spangled Banner! Oh! long may it wave. O'er the land of tbe free, and tbe home of tbe brave." If, in travesty, mockery, derision, beastly inhumanity, there be another instance in history that approaches to this, it was when the poor of Paris, driven to desperation by hunger, appealed to Marie Antoinette in her royal palace for bread, and, vrith contempt and heartlessness, she answered: "Why don't the wretches eat cakes?" CHAPTER L. A SUPPOSED SOLILOQUY. We resume the review of Lincoln's cunning and treachery. Tbe States delegated to -Congress the exercise of their power to declare war, and tbat only against a foreign Power. Lincoln had no more power to declare war or to begin war than had bis bootblack. And neither had Congress nor any other ag3nt cf the States any right to make war on a State. We -wiU see how cunningly be played his game to get his grasp on slavery. For four months of anxious waiting and watching be had played to gain his vantage ground. "How can I set on fire the Northern heart? The Union flag waving above 'The Star of the West' was fired on, and no third of vengeance was aroused. My foUowers are fanatics and fools. The intelligence, the conservation, the wealth of the North are all against me. What shall I do to justify me in turning loosa the dogs of war ? They hate me, call me ape — gorilla — gawk — giraffe — fool — ^Yes, T know T am 'Not made to court an amorous looking glass, I am rudely stamped and want love 's majesty^— I, that am curtailed of this fair proportion. Cheated of feature by dissembling nature! . Deformed, unfinished, sent before my time Into this breathing world scarce half made up, ' "As I Eim subtle, false and treacherous, I — ^who now am clothed with the power of a giant — shall use it like a giant and a tyrant. I'll teach them who and what I am! I've tricked the rebels to fire on the flag, and the opening gun shaU be 'the knell tbat summons me to Heaven, or to HeU.' If through seas of blood I wade triumphant to my crown, my ambition — ^my only Heaven— will be gained. Should I fail — tbe execrations, anathemas, fiery curses of betrayed mankind, shall be my por tion. But— as this petty life is tbe be-all that ends with the grave— what matters it ? As now I am jeered, hooted, scoffed, spurned, condemned ; am charged to be an infidel, because rea- TRUE VINDICATION OF THE SOUTH 867 son demands that I call the Bible a fable and Christ a bastard ; and pollution drips from my tongue as I talk — ^Hark ! the can non 's roar! Now, for Ruin's reign! I'll set my squadrons in the field. Those blooming, fruitful fields I'll ravage. Those smiling, peaceful valleys, I'll sweep witb destruction so com plete, the birds of tbe air will perish. Those hills and plains I'll sow with blood so deep and bones so bigh they'll be my monument. Should discontent assail me in the rear, I'll kick the Constitution from my path, all legal process sweep aside, send judges with the habeas corpus, and all dissenters, to murky dungeons — ^to sweat and groan till the nation shall be cowed. To fire the Northern heart I'll veil my sworn intent, and cry : ' The Union is in Danger ! Come to the Rescue ! ' Then, when bot blood is flowing, when passion has blinded reason, and tbe cry of widows and orphans drowns tbe gentle voice of peace, and time and opportunity meet, I'll tear avvay my Mokanna veil, and proclaim Freedom for every slave. Then, servile insurrection, murder, and the torch will be my allies, to assaU tbe rear while I mow down tbe front. ' All HaU! Thane of Cawdor!' "Conscience? What is conscience to me? 'Tis true, wit nessed by thousands, I pressed my lip on the skin of a butchered beast — ^the covering of a fable mocked by me — but I said not 'So help me God,' tbat fetish, like tbe piUory, to force petty men to stand flrm. Tbe means, caUed tyranny, vrill sanctify my lofty aim wben reached. The Constitution? What is that but paper? What care the shouting ring for tbe paper on the hoop, after the acrobat, bursting through it, lands upon his feet on the horse's back? Did not Seward— my premier— and his Higher Law dupes swear to support the Constitution? Did conscience bold them? How came I here, if not on the rabble's cry of a Higher Law? What is my conscience but that I ap prove ? Nature is my God ! Sun, moon, stars, the ocean, rocks and trees — this whirling sphere of which I am and it of me— they bave no conscience, but they do their appointed work. So must I. If a miUion of my legions bite the dust in this grand crasade they'U but anticipate their time of sweating and grop ing through a few years more, to die unknown. Widows wiU wear sable, orphans wiU cry in vain, then curse me in bitter 363 TRUE VINDICATION OF THE SOUTH savagery ; but when the negroes are free and I haVe shaken off this mortal deformity, they'll forget murdered husbands and fathers, and shout hosannahs to my name. "The end sanctifies tbe means. Is proof needed? See my compatriot — John Bro-wn. But yesterday hailed assassin ! mur derer ! a demon— pitiless as a hungry tiger ! Today, a martyr, a patriot, a hero, sanctified by a scaffold and a hangman's rope. Ah! what a weather-vane — vaciUating as the vrind, dissolving as the clouds, now a weasel, now a camel, now a rushing, roar ing tempest — is this human rabble, crawling between the colos sal legs — huddled around the feet — of blind Destiny ; shouting today 'Release unto us Barabbas, tomorrow joyfully singing as flames lick their quivering flesh, for a cracifled, imaginary Savior ! "Should that Nemesis that, in visions by day and dreams by night, I, through a mysterious, unknown sense, bave seen, felt, lurking behind me, in an unguarded moment, snuff out this light, tbe rabble that have uplifted me, hailing my tyranny as patriotism, will call me blessed martyr, and crown me with bay and laurels undying, till the cold insensate hand of History, digging beneath the rubbish of human laudation, as archaeolo gists elear away the accumulated dust with which Time has slowly hidden deep some ancient ruin, shall upheave the pagan idol I so long have worshiped, and what they now praise as wisdom shall be found but the low cunning of the serpent." Whether presentiments of evil are of a disordered imagina tion, or of neurotic conditions, or of aboriginal superstition, or insanity; or whether they may be inaudible whispers of warning by a guiding spirit hovering in the invisible world — we do not, and may never, know. _ But experience, our wisest counselor, has taught the trath that "there are more things in Heaven and Earth than are dreamed of in our phUosophy. ' ' From early manhood, Lincoln was possessed with tbe fear tbat a violent death awaited him. He could neither laugh, nor joke, nor reason it away. He often mentioned it to friends. As he bade them farevrell, when leaving for Washington, be told his intimate friends he would not retum alive. During the day of April 14th, 1865 — the day for Nemesis to arrive — ^he was unusually despondent and gloomy. He again repeated his pre- TRUE VINDICATION OF THE SOUTH 869 sentiment. He was urged, against his wish, to attend Ford's Theatre that night. Leaving every one to his opinion, whether he believes in presentiments or assumes to scout them, still it is a coincidence tbat challenges the indurated skeptic, that just four years to the hour from signing his call — forbidden by the laws of God and man — for an army to shed bis brothers" blood, he was summoned before the Throne of tbe God be had scoffed through life, to answer for that crime unparalleled in history. CHAPTER LI. TESTIMONY OF PERSONAL INTIMATES ABOUT LINCOLN. On the testimony of his law partner, W. H. Herndon, who knew Lincoln intimately twenty-four years, and of Ward H. Lamon, bis biographer ; of James H. Mathoney, Hon. John T, Stuart, Judge David Davis, Dr, C. H. Ray, Jesse W, Fell, New ton Bateman, and others — all his intimate friends, and promi nent citizens of Springfield, IlUnois, as well as on the authority of bis step-mother, Lincoln was an infidel, a fataUst, and at times an atheist, Herndon says: — "When a candidate for the legislature Lincoln was accused of being an infidel, K not an atheist, and of saying Christ was an illegitimate child, and he would not deny the charges. In his moments of gloom, he would doubt, if he did not sometimes deny God, In 1847, when a candidate for Congress, he was accused of being an infidel, if not an atheist, and he said he would die rather than deny it, because" says Herndon, "he knew it could and would be proved on him," Lamon says : "Wben Lincoln went to church at all, he went to mock, and came away to mimic." Mr, Bateman says: "Lincoln, learning just before the elec tion in 1860 that only three of twenty-three minist^s of the Gospel in Springfield, would vote for him, expressed surprise and drew out from his bosom the New Testament and said 'this is the rock on which I stand,' " Bateman expressed his sur prise, and told Lincoln his friends were ignorant of his religious views, Lineoln answered quickly, "I 'tnow they are; I am obliged to appear different to them." Here is the woK in sheep's clothing; all because his "overweening ambition" (Lamon) was ravenous for poUtical office. Judge David Davis, whom Lincoln appointed U, S, Supreme Judge, says: "I knew the man so weU-— he was the most reti cent, secretive man I ever saw, or expect to see. He had no faith, in the Christian sense of the term." TRUE VINDICATION OF THE SOUTH 871 Herndon says: "Lineoln never named Christ in writing or speakmg. In writing to give consolation to his dying father, he would not name Christ. Tn a speech I wrote I used the word God. Lincoln made me strike it out, Stuart says: "I knew Mr. Lincoln when he first came here (Springfield, 1834), and for years afterwards. He was an avowed and open infidel." Herndon, again, in writing to Lamon: "Lincoln was an infidel — atheist — ^was a fatalist, denied freedom of the WiU, He wrote a book to prove, first, that the Bible was not God's revelajion ; second, that Jesus was not the Son of God. I assert this on my own knowledge. Judge Logan, John T, Stuart, James H, Mathoney, and others will tell you the truth — will confirm what I say, wi,th this exception — ^they all make it blacker," Lamon says, page 503, "If Lincoln did not believe in Chris tianity, tbe masses of the 'plain people' did; and no one ever was more anxious to do 'whatsoever was of good report among men,' To quaUfy himseK for office, he always appealed to the Christian's God either by laying bis band on the Gospels, or by some other invocation common among beUevers. Of course the ceremony was superfluous, for it imposed no religious obli gation upon him." * * * His mind was readily impressed with the most absurd superstitions, * * * While it is very-clear that Mr, Lincoln was at all times an infidel * * * it is also very clear that he was not at all times equally v^illing that everybody should know it. He never offered to purge or recant, but be was a wily politician, and did not disdain to regulate his reUgious manifestations -with some reference to his poUtical interests," A friend of Lincoln, Samuel Hill, heard Lincoln read his book attacking the Christian's Faith, and Lincoln assured him he (Lincoln) intended to publish it. Hill snatched it from bis hand and threw it in a red hot stove. Hill said he did that to prevent Lincoln from committing poUtical suicide, Hon, John T. Stuart : "He was an avowed and open infidel. He went further against Christian beliefs and doctrine and principles than any man I ever beard ; he shocked me. The Rev. Dr. Smith tried to convert Lincoln from infideUty so late as 1858, and couldn't do it," 372 TRUE VINDICATION OF THE SOUTH Mathoney: "Lincoln would come into the clerk's office where I and some young men were -writing, and would bring the Bible with him ; would read a chapter and argue against it. Lincoln often, if not wholly, was an atheist ; at least bordering on it. He was enthusiastic in his infidelity. He told me he did write a book on infidelity," This is the book his friend, HiU, burnt, Lincoln's vridow said: "Mr, Lincoln had no hope and no faith in the usual acceptance of those words," Mr, Speed, afterwards appointed Attorney General by Lin coln, says (page 241, Lamon) : "Lincoln's derangement was nearly if not quite complete. We had to remove razors from bis room, take away aU knives and other dangerous things. It was terrible!" Mrs, Edwards, sister to Mary Todd, whom Lincoln jilted, says (page 240, Lamon) : "Lincoln and Mary were engaged; everything was ready and prepared for the marriage, even to the supper, Mr, Lincoln refused to meet his engagement. Cause — insanity. ' ' Herndon says: "Lincoln's religion was 'the Fatherhood of God and the Brotherhood of Man,' " That is not quite as high sounding as his "Universal Law," but it is as lucid and comprehensive as Parson Jasper's lecture on the Universe which be condensed into "De world do move," It is quite as efficacious as an iron life-preserver to a dro-wning man, and, for salvation, it is just as convincing as tbe old negro's plea of "not guilty, because I stole de pants fur to be baptize in," For its egotism, leaming, and the seK-complaceney of profound ignorance, it finds a paraUel in another negro preacher named John Marshall who was wont to scatter promiscuously his theology around Savannah just before Lincoln marched into Virginia to demonstrate a lunatic's idea of the "brotherhood of man" by murdering a miUion whites to give social equality to blacks. Old John, almost as conceited as Lincoln, announced sud denly one day to his young master "dat dere aint enny part of the Scripture I can't expound," "I am glad to bear that, John, There is one word in the Scriptures I don't understand." TRUE VINDICATION OF THE SOUTH 373 "What's dat. Mars Charlton?" "John, the Scriptures say 'The firmament showeth his handiwork,' That word firmament has troubled my mind aU my IKe. Tell me the meaning of that word, firmament," "Mars Charlton— as to de regards uv de furmurment— de furmurment. Mars Charlton, is a spechus (species) uv self- rightushness. Fur, (for) you know, in dem days, before de curation (creation) uv de world, when Pentecost was perse- cutin uv Paul an Silas in de wilderness — "Hold on, John! Pentecost was not born then,*' "Mars Charlton! You'se young yit. You dun no Pentecost m dem days was a growed-up man. Mars Charlton." "Tbe Fatherhood of God!" Yes— and denied the fatherhood of the Father's "only begotten Son" by proclaiming that Son a bastard ! Enough of his fatherhood ! "The Brotberhod of Man!" If he meant that in responsi bUity to God every man stands on one level, and that each is under the same divine laws, and must stand or fall as he may obey or disobey those laws, then be was not in error. But that is not the creed of infidels, nor of men who deny punish ment for disobedience of the laws of God. Did he deny that? Look at page 489 of Lamon, and read what Wm. H. Hannah says: "Since 1856, Lincoln told me that he was a kind of im- mortaUst; that he never could bring himself to believe in eternal punishment." Herndon, in bis letter to Lyman Abbott, vvho was gathering material for a biography of Lincoln, said : "Lincoln believed in no hell and no punishment in a future world," As the Old Testament is silent on future rewards and pun ishments and the resurrection ; and as the New Testament rests solely on the teachings of Christ, and as Lincoln repudiated the divinify of Christ, and also denied that the Old Testament was inspired, and believed it was nothing more than Jewish history and tbe writings of men, we arrive at the conclusion that his faith bad no more foundation than that of the Greeks and Romans who believed in Zeus or Jupiter as the Supreme God and ruler, Tbe corollary to this conclusion is that, in Faith, Lincoln was a pagan. A pagan's conscience was indi vidual, that is, it was to each and every man what be believed 374 TRUE VINDICATION OF THE SOUTH to be right or -virrong. Here we find the key to Lincoln's "over-. weening," "intense," "inordinate" ambition; bis expressed yearning for place and power and distinction. Hernd,on says: "Soon after the death of Mr. Lincoln, Dr, J, G, Holland came out to Illinois from bis home in Massachu setts to gather up material for a life of tbe dead President. The gentleman spent several days witb me, and I gave bim all the assistance that lay in my power. I felt sure that, even after my long and intimate acquaintance with Mr, Lincoln, I never fully knew and understood bim, and I, therefore, won dered what sort of a description Dr. Holland, after interview ing Lincoln's old-time friends, would make of his individual characteristics. When the book appeared be said this : ' The writer has conversed with multitudes of men who claimed to know Mr. Lincoln intimately; yet, there are not two of the whole number who agree in their estimate of bim. The fact was that be rarely showed more than one aspect of himseK to one man. He opened himself to men in different directions. To illustrate the effect of the peculiarity ' of Mr. Lincoln's inter course with men it may be said tbat men who knew him through all bis professional and poli|;ical life offered opinions as diametrically opposite as these, viz: "that be was a very ambitious man, and that be was without a particle of ambition; that be was one of the saddest men that ever lived, and that he was one of the j oiliest men that ever lived; that he was very religious, but that he was not a Christian ; that he was a Christian, but did not know it ; that be was so far from being a religious man or a Christian that 'the less said upon that subject the better;' that he was the most cunning man in America, and that he had not a particle of cunning in him; that he bad the strongest personal attachments, and that he bad no personal attachments at all — only a general good feel ing towards everybody; that he was a man of indomitable wiU, and that he was a man almost without a will; that be was a tyrant, and that he was the softest-hearted, most brotherly man that ever lived; that he was remarkable for his pure-minded- ness, and that he was tbe foulest in his jests and stories of any man in the country ; tbat he was a witty man, and that he was only a retailer of the wit of others; that his apparent candor TRUE VINDICATION OF THE SOUTH 375 , and fairness were only apparent, and that they were as real as his head and his bands ; that be was a boor, and that he was in all respects a gentleman; that he was a leader of the people, and that he was always led by the people; and that he was always susceptible of the strongest passions,' " J. B. Helm furnished a manucsript to Mr. Herndon. The incident here given is recorded on page 14 of Herndon 's "LincoUi." "The Hanks girls," narrates tbe latter,. "were great at camp-meetings. T remember one in 1806. I will give you a scene, and if you will then read the books written on the sub ject you may flnd some apology for tbe superstition that was said to be in Abe Lincoln's character. It was at a camp- meeting, as before said, wben a general shout was about to commence. Preparations were being made; a young lady in vited me to stand on a bench by her side where we could see all over tbe altar. To tbe right a strong, athletic young man, about twenty-five years old, was being put in trim for the occasion, which was done by divesting bim of all apparel ex cept shirt and pants. On the left a young lady was being put in trim in, the same manner, so that ber clothes would not be in the way, and so that, when her combs flew out, her hair would go into graceful braides. She, too, was young — ^not more than twenty perhaps, Tbe performance commenced about the same time by tbe young man on the right and tbe young lady on tbe left. Slowly and gracefully they worked their way towards the centre, singing, shoutmg, hugging and kissing, generally their own sex, until at last nearer and nearer they came. The centre of tbe altar was reached, and tbe two closed, with their arms around each other, the man singing and shouting at tbe top of his voice, "I bave my Jesus in my arms Sweet as honey, strong as bacon ham," "Just at this moment tbe young lady holding^ to my arm whispered, 'They are to be married next week; her name is Hanks, ' "Hail Columbia, happy land, ' If you aint drunk I wiU be damned," 376 TRUE VINDICATION OF THE SOUTH The career of Abraham Lincoln is a paradox that baffles all understanding. It defles description. It beggars language. It makes flction that curdles the blood of age, commonplace, and the dime novel a bore. It forces yawns over the pages of Rider Haggard, and elevates Munchausen to the dignity of a his torian. It makes fraternity hypocrisy, and gives immortality to bate and execration. It turns the milk of human kindness into the discord of Hell, It gives to obscenity a passport to the drawing room. Its brutality throws a meUow light over the Duke of Alva, who, while butchering bis foes, never, by starva tion, murdered his friends. It furnishes to the lawless of every grade the plea of justiflcation, under tbe "Higher Law," and the "law of public necessity," It cro-wns Guiteau — tbe assassin of Garfield — ^with the halo of martyrdom. It leaves no trace of Christianity but tbe one saying of Christ, "I come to bring the sword." By hiring slaves to kill their masters, it raises to the level of civilized warfare and of humanity the enlistment of Indians — one of the. strongest counts in the indictment of King George TIT, by our forefathers. The contemplated mas sacre to follow the Proclamation of Emancipation sinks the massacre of Huguenots on Bartholomew's Day by Charles IX, to the negligible incidents in a brawl on the streets of Verona between armed adherents of tbe houses of Montague and Capulet, It gives to John Brown the credit due to an hum ble servant, who, without question, obeys tbe "Higher Law" of his master, Tbe order to shoot and kill as traitors and spies all peaceable men tilling the soil to feed their babes, behind or within the lines of federal troops, brands the forehead of the Commander-in-Chief, who proclaimed to the world, in order to deceive Europe, that he was only trying to enforce the laws of the Union and to quell an insurrection, as the most infamous liar and the most brutal assassin in all history. The commander- in-Chief of millions of troops composed in part, as stated by one of his abettors, "of wretched vagabonds of depraved morals, disorderly, thievish, without self-respect or conscience," who, with bayonets drove defenseless and helpless women and children from their homes in Atlanta into the woods, burned their dwellings and all they owned, then cut a swath of ruin through Georgia by the torch, robbing all valuables, killing all TRUE VINDICATION OF THE SOUTH 377 cattle, hogs and horses they could not carry, spreading such desolation that women and children fought off starvation by picking from the dirt tbe few grains of corn his horses had slobbered over ; who, tramping through CaroUna, robbed, burnt everything in his path that fire can destroy ; -who, after days and nights of looting and rapine in Columbia, set tbe torch to and used that fair city as a pillar of fire by night and a pillar of smoke by day in his onward march of continued desolation — aU these deeds of savagery just to quell an insurrection, — ^this hero has but one prototype. Nature unable to create such a monster, it required the unfettered genius and fertile imagin- i ation of Milton to fashion bim. This Arch-enemy of the human race — ^Anarch called by demons damned — shouted to Satan in his envious flight to compass the world in ruin — ^"Go! and speed ! Havoc, and spoil, and ruin, are my gain !" CHAPTER LII. NORTHERN FAITHLESSNESS AND LAWLESSNESS. We have traced the hostility of the North against the South from the first Congress in 1789, when petitions for tbe abolition of slavery began, to the culmination Pf the ferocity and madness of fanaticism when it repudiated the only bond that brought and held together the States of tbe Union, That bond was one of brotherhood. It was made by thirteen Sovereigns. We have read the reasons that induced those Sovereigns to form that Union. We know that the Union could not bave been formed, without a pledge of faith and honor to* protect that species of property called slaves. That pledge was deliberately, solemnly given. That pledge was as deliberately and solemnly broken by a majority of the Northern States. It was broken by de liberate and solemn legislation. It was broken thousands of times by organizations formed for tbe theft of Southem prop erty and by mob violence on Northern soil. When that faith and honor were pledged, slavery existed in all the States. If it was "tbe spawn of HeU" the men who made that bond knew it as well as their wise children. Why did they not refuse then to protect it? As the Southern States refused to unite with the Northern States without that protection, why did the Northern States not refuse to be parties to the Union ? It must be borne in mind steadfastly that the only obligation between the South and tbe North was that written agreement called tbe Constitu tion. One of-the several weaknesses in bis debate with Calhoun was Webster's quibbling on the word Constitution, Had that instrument been gifted with articulate tongue it could have overwhelmed him while torturing it, by crying out — "I am what I am ! I am what your fathers begat. My baptism did not change my nature, nor my speech. Baptize me Constitu tion, or Covenant, or Compact, or Agreement, or Partnership — but my spirit, my soul, my voice, my thoughts, you cannot change." TRUE VINDICATION OF THE SOUTH 379 Tn 1833, Massachusetts, as usual, took the lead in the deeds of lawlessness that finally culminated in fratricidal, war. In Boston, an anti-slavery society was formed with Arnold Buf- fum, la Quaker, as president. Boston was followed in 1833 by "The American Anti-slavery Society" in Philadelphia, Arthur Tappan, president. From that date other societies sprang up like shoots of asparagus. In the American Cyclopedia (head, "Slavery, "-page 712) compiled by two sons of New England, George Ripley and Charles A. Dana, we read that these socie ties "by means of lectures, nevmpapers, tracts, public meetings and petitions to Congress, produced an intense excitement throughout tbe country, the effects of which were soon mani fest in tbe religious sects and political parties." Tn 1840, "The American and Foreign Anti-islavery Society," of mammoth pro portions, took the field. Tn 1844 this society resolved that "the so-called compromises of the Constitution were immoral, and that it was wrong to swear to support the Constitution, or to/ hold office, or to vote under it." We see here, fanaticism in a spasm of Repudiation. Quoting still from tbe Cyclopedia we read : "From that time these abolitionists avowed it to be their object to effect a dissolution of tbe Union, and the organization of a Northern republic where no slavery should exist." Here is fanaticism advocating the doctrine that Lincoln denounced "as the essence of Anarchy" — Secession! Tn 1855 Boston moved up and again took tbe lead. She formed "The American Abolition Society" to promote the view that Congress bad power to abolish slavery in every part of the Union. This was as sweeping as even Lincoln could desire. Tbe Northern Churches then aroused and shook themselves. They organized the "Church Anti-slavery Society, to convince the Churches and ministers that slavery is a sin, and to induce them to take the lead in the work of abolition." Here we see reUgious fanaticism, checked by the Constitution, rushing on in another course and seizing hold of slavery to feed upon. By this time the entire atmosphere from Maine to the Pacific was a boiling, seething, roaring, leaping, forked-tongued flame of fanaticism. Now and then there were explosions, seen by tbe world; as when Henry Ward Beecher used his pulpit as an "auction pen," and lacting as auctioneer, or slave trader, he 380 TRUE VINDICATION OF THE SOUTH sold to the highest bidder an escaped negro girl ; or when Rev. Theodore Parker converted his dwelling into a den for fugitive slaves and shipped them to England; or when Boston put on mourning and denied to the light of Heaven entrance to her holy dwellings, as the fugitive negro. Bums, was escorted to tbe ship ; and when the western Judge demanded to be shown a title-deed signed and sealed by God Almighty; and when the Dred Scott decision of the United States Supreme Court dropped on the burning atmosphere. These and hundreds of other explosions occurred before the armed invasion of Virginia by John Brown was made and he was hanged. Fanaticism, so furious before, now, in a transport of rage and sacrilege, seized hold of tbe thief and hundred-fold murderer, and assassin, and raising him aloft in Beecher 's Tabernacle and Faneuil Hall, cried — "Behold this murdered martyr! His death on the gal lows has made it as holy as tbe cross was made by the cruci fixion of Christ!" By this time at least 30,000 slaves had been stolen and rushed through to Canada. This estimate of the number is given by the two Abolitionists, Ripley and Dana, in their Cyclo pedia, page 712, under "Slavery." Tbe number stolen that were hidden in the States is not given, and will never be known. Still, the market value of the 30,000 at the fair average of $500.00 each, was $15,000,000. But the value of the property stolen and refused return by the Northern nullifying Statutes called "Personal Liberty Laws" is a matter of small moment. The all important and the vital question was tbe perfidy and dishonor demonstrated by the lawless method of effecting the loss to tbe South. It was an unmistakable signal of danger to and destruction of three biUions of her property ; of the rain of her system of labor, and of the upheaval of her social order by turning loose four millions of semi-savages to prey upon her. We bave bad but a glimpse at the social, political and religious conditions throughout the Northern States up to the year 1860 — ^the year when the hour and the man had come, the man who was to consummate what the fanatics bad toiled and prayed for, and during sixty years bad sacrificed their honor to accom plish. And, let it be said, that no tool was ever better fashioned to effect a nefarious purpose than the one those raving devotees , TRUE VINDICATION OF THE SOUTH 381 selected. There was method in their madness, and cunning in his method. Before he bad worked out their design he held the poisoned chalice to their lips and forced them to drink of it. His despotism in the South bad its counterpart in his tyranny over the North. His memory is immortal, for his enduring monument is built of the bones of a million men slaughtered at his command. He is remembered at the crack of every gun in the hands of his freedmen as a Saxon is murdered. He is re membered when tbe wail of eveiy woman in the deadly grip of a lustful freedman breaks on the air and appeals to Heaven. The tears wrung from tbe burning eyes of a miUion vridows and orphans will keep in perpetual verdure bis unforgotten grave. The aching sighs, tbe wailing sorrow, tbe moans of anguish, of a million mothers and daughters mingled in discord, will for ever chant his requiem. CHAPTER LHI, RIOT OF LAWLESSNESS AND CORRUPTION— PROFIT AND LOSS OF THE WAR. We come now to the business side of the war waged by Lincoln for Abolition. To get a balance sheet we must add up the debit and the credit columns — ^then determine the profit or loss — ^the solvency or bankruptcy as the figures may testify. This is a gruesome task, but it is fit that the debtor shall make an exhibit to tbe creditor-world. The creditor has long since made bis estimate. The Christian world has footed up its loss — in part. The moralist has approximated bis loss. Widows and orphans bave suffered their incalculable loss. Cripples, witb legs and arms left in ditches and trenches, or on mountain and plain, as meat for vultures, turn their sad eyes to the bat tlefields as they limp and halt, stumble and fall — ^in hourly re membrance of their loss. Mourners go about the streets, pro claiming to the passer-by and idle loungers at doors and windows, in the mute eloquence of sable) what they bave lost. But those are only fragmentary particles of the vast ruin scat tered at our feet as tbe Temple fell. That we may reckon the magnitude of tbe rain wrought by a Pagan Despot, we must draw near and view the foundation, the massive pillars, the architrave, shattered dome, broken arches, the Parian frieze, cornice, delicately chiseled tracery, its thirty-six separate regal chambers, all of one incomparable and unprecedented archi tecture, in the touch of whose builders the wisest men claim to find genius inspired by a Spirit not of earth, each glorious in beauty and strength as the temple of Minerva. Let us drop all figurative speech, and leaving out of the calculation the minor items of doUars and cents, look only at millionary values. First, what is the gain? There is but one item. It is freo' dom for the negroes. Who can estimate the value of that gain — even to the negro? Has freedom proved a blessing to the TRUE VINDiqATION OF THE SOUTH 383 physical man? In slavery they were immune to the White Plague. As freemen, more die, by near two to one of the white race, of consumption, pneumonia, and of tbe numerous class of diseases tbat are caused and accelerated by exposure, dissipa tion, drunkenness, fever, lack of clothing and proper nourish ment, and of medical treatment and nursing. In Northern cities — ^Philadelphia for instance — a large percentage are circu lating pestilence of venereal diseases that are destroying white and black. This is the result of social equality and of legalized and illicit miscegenation in all tbe Northern provinces, which, before Lincoln, were States or Nations. What of bis morality? During slavery bis natal African qualilJies, sucb as thievery and lust, were repressed — ^kept under control. Now they have full play. Tn slavery he was not known as a rapist. Now, he is a terror in every province, county, city and neighborhood — combining stealing, rape, lawlessness and murder. As a laborer — ^producer — tbe male is estimated, in the aggregate, at fifty per cent, of his efficiency as a slave; the women at much less. Those who worship Mammon point with exultation at the rapid accumulation of our billions as a marvelous and incal culable gain. They are the materialists — "the calculators" — • denounced by Edmund Burke. ' ' Of what worth is it to a man to gain the whole world and lose his own soul?" What is the gain to a country where "wealth accumulates and men decay?" These Mammonites see no decay. There is no wand like a golden wand to dazzle the eye. In proof of their social pollu tion, after a few lines of preface, we will tWow on the canvas a moving picture of living scenes throughout tbe Northern States— beginning vrith the advent of their heroic saint, Abra ham Lincoln — ^that may recall tbe leprous dungeon so graphic ally depicted in "Ben Hur." From the first Congress, in 1789, to 1860, the govemment was in control of Whigs and Democrats— excepting two Feder aUst administrations. Durmg those seventy years corraption in high federal stations was unknown. In the Southern States, from Governor down to tbe lowest office under the State, and in municipalities, personal honor obtained. When men in high places were abused, the provocation was political and not per- 384 TRUE VINDICATION OF THE SOUTH sonal dishonor. As already shown, throughout the Free States, for forty years, systematic theft by individuals, by men and women in organization, was openly carried on in sight of their children. What they stole was property. Their fathers and grandfathers sold negroes as property, and took the price — as of a horse, a house, or land. Their children knew all that. They were housed, clothed, fed and educated by that blood money, and they knew. it. Their children, witnesses to the theft, when arrived at the age of moral consciousness, remem bered this lawlessness; and, as father and mother had by ex ample taught them, they drew no broad line between what was property on opposite banks of the Ohio River, or on the two sides of an imaginary line dividing two States. The lesson by example is more impressive than by precept. The warning voice of tbe preacher pounding the pulpit is forgotten — ^yes, it is jeered and ridiculed — when he is caught secretly treading "the primrose path of dalliance." With these words, whose truth is blazoned on the pages of the Bible and so deeply rooted in human nature as to be known by the heathen, we proceed with the canvas. The Republicans — ^successors to and children of the Abbli- , tionists who had stolen the negroes — came into full control of the federal government, and, of course, of its treasury, in March 1861. In 1862 tbe revelry began — but unUke that "in Belgium's capital," it was not by night, and there was no audible sound. The ball was opened by the passage of a law to charter the Union and the Central Pacific Railroad Companies. From lack of space we must omit details and skip a year or two and come to the hilarity of the play, Tbe corporators of the two Com panies went back to Congress with the sad statement that they could not float their bonds, but that another flnancial agent could, provided Congress would pass a law authorizing the Secretary of the Treasury to indorse them. The flnancial agent paraded under tbe alluring foreign name of "The Credit Mob ilier." The personnel of this many-headed foreign flnancial giant were not visible to Congress. The law was passed and the taxpayers were put in for $32,000,000 with interest for thirty years. Around the year 1871 a disgruntled grafter, who had not gotten bis share of tbe swag, filed a Bill in Chancery in TRUE VINDICATION OF THE SOUTH 385 Philadelphia, in which he, as tbe modern political figure runs, "took off the lid" and gave the taxpayers a retrospect at their first Republican Congress. Tbe revelation called for a spasm of Republican virtue. A committee of each House of Congress was appointed. Each committee caught some big fish in its net who were of each House. They unveiled tbe foreign Financial Agent and discovered tbe familiar faces of the few gentlemen who were the corporators of the two railroads. They were the great Credit Mobilier. They had sold tbe bonds to themselves. These Republican children of the parents — ^Abolitionists — who bad stolen tbe negroes, had as Congressmen been buying from and selling to eaeh other. The buyers — with noticeable instinct — selected a member of the House, a Puritan from Massachusetts, named Oakes Ames, Some preferred stock, some bonds, of the Companies ; and some, like Judas, preferred the jingling coin. One United States Senator, Wm. A. Patter son of New Hampshire, was found in the net of Ames. The Senate Committee investigated the charge. He was so far im plicated tbat be was called before tbe Committee in his own defense. Then foUowed a drama tbat is, probably, without a paraUel in any deliberative body. Senator Patterson came be fore the Committee and took a seat at the end of the long table opposite the Chairman — Senator Lett Morrill of Maine. The Chairman stated the charges, and then asked: "What say you to the charges?" Answer: "I am not guilty." Question: "You did not receive any valuable consideration for your vote as Senator on the passage of the bill for the Govemment to indorse the Pacific RaUroad bonds S" Answer: "I did not." Question: "You received neither money, nor stock, nor bonds of those Companies, or either of them?" Answer: "I did not." "You are discharged. Senator, from further attendance on the Committee to-day," said the Chairman, ) Oakes Ames, was then called before the Committee, "Mr, Ames," said the Chairman, "Senator Patterson has sworn before the Committee that he received nothing of any kind for his vote on the Pacific-bonds BiU. Have you anything further to say?" 386 TRUE VINDICATION OF THE SOUTH Ames's right hand dived down in his side coat-pocket, and that Uttle deadly demon — a briber's memorandum book — ^rose at the touch of his fingers. He turned it affectionately, looked at it a moment, then handed it to the Chairman, who passed the Uttle dumb vritness to tfie other Senators. Patterson wac again called in ; the Chairman passed the little assassin to Pat terson and asked : "Senator Patterson, is that your signature?" Patterson glanced at the page and his eyes tumed to the floor and bis head slowly drooped forward. The Chairman, deeply moved by sympathy and distress, remained sUent. Every eye in the room was riveted on the doomed man. At length, the Chairman, recovering again, asked; "Is that or is not that your signature ? ' ' Patterson neither replied, nor raised his head or eyes — "That will do, Senator, You can retire," said the Chairman, The Committee, within a few days, made their report to tbe Senate. Chairman Morrill said, in brief — "Your Committee, to whom was assigned the duty to inves tigate certain charges against Wm, A. Patterson, a member of this Body, beg leave to report that, after a full examination of the evidence, they, by unanimous vote, have found Senator Patterson guilty. Painful as your Committee have felt tha discharge of this duty to be, we are constrained to say that grievous as we hold the offense of bribery to be, we are com pelled to report that we have found him guilty of a much graver crime. It is the crime of perjury committed by him when examined by your Committee," Senator Patterson's time of office would expire within two weeks from the date of the Report of guilty. Through pity and by common consent, it was agreed not to expel him, and to let the Report "lie on the table," Patterson was a Puritan, He had been a Professor in a CoUege in New Hampshire, was a member of a Puritan Church or Congregation and was regarded by all, who thought they knew him, as an exemplary Christian. While this Republican investigation of Republicans was in progress another "Ud blew off," and below was found an army of these chUdren, who, by theu- old Fagin fathers, had been taught the fine art of stealing. To raise money to pay TRUE VINDICATION OF THE SOUTH 887 the deluded Northern soldiers who were told by Lincoln and Seward they were patriots and heroes, fighting to save the Union and their own freedom. Congress passed the Internal Revenue Law, which some, irreverent of Congress — dubbed tbe Infernal Revenue Law, The main product taxed by it w^s whiskey. The officers to collect the tax covered the land. They had not forgotten the teaching by their fathers, and they soon put it into practice, A combination was formed — ^that stretched nearly across the Continent — to steal the tax. It was branded, after discovery, "The Whiskey Ring," As the North, and not the South, was 'the loser, an investigation was set on foot. It resulted in criminal prosecutions in the federal courts. Some were convicted, some fled, and some "got off," One, named McDonald, was sent to the pen, in Missouri, and while serving his term wrote a book as an expose of the "Ring," He believed, he had been made a scape-goat by those who, equally guilty, had found ' ' favor at Court ' ' and had ' ' got off, ' * His exposure lays bare a prevalence of corraption in the patriots and heroes who saved the Union, Men in bigh places were after the coveted graft. Tbe smeU of whiskey was traced into the White House. Grant was President. He was not involved in the fraud — but one of bis poUtical family in tbe White House was. It was of these prosecutions Grant said — "Let no guilty man escape." About tbe same date another small lid blew off. It covered the trifling sum of seven milUon dollars and was confined to Washington. Congress had made a large appropriation to be spent in and on tbe City. One Sheppard was at the head of the MunicipaUty. He was called "Boss Sheppard." His brain evolved magnificent ideas and he planned a magnificent ex penditure to extend streets, excavate and fill in— to plant trees —to pave and lay sidewalks. In some mysterious manner, by hook or by crook — or by crooks — seven million dollars disap peared. A furious spasm of virtue seized the town. Even Congress was apparently indignant at the "blow off." A Committee was appomted to find the hole that had swallowed the taxpayers' money. Sheppard was notified to give his ex perience, but before tbe Committee could arrange to hear it they learned that "Boss Sheppard" was in Mexico. There he 388 TRUE VINDICATION OF THE SOUTH managed — ^in some way unkno-wn to gentlemen — in ' a strange land, without money or credit, to buy a large silver mine, which, it is reported, he worked to great profit, Schuyler CoKax, Vice-President of the United States under Grant, and, of course. President of the Senate, was discovered to be among those tainted statesmen. But he was not tried and punished. He was permitted to die "unwept, unhonored and unsung." James G. Blaine, the Plumed Knight of the North, first a member of the House, then Speaker of the House ; next a U. S. Senator, and afterwards the Republican nominee for Presi dent, was caught with some valuable bonds obtained, it was alleged, while Speaker, Hie was the writer of the so-called "Mulligan letters," that he requested the friend to whom they were written to burn. But the friend neglected to do that favor, and the lettei's, in Blaine's campaign against Grover Cleveland in 1884, proved a millstone around his neck, and he sank to rise no more. It was during that campaign that Roscoe Conk ling, ex-Senator from New York,, when urged by Blaine's friends to stump the State of New York for him, informed them that he "had quit the criminal practice," In 1876-^the centenary of Tbe Declaration of Independence, which is still revered by a few who observe it mournfully, as tender, loving hearts cherish the birthday of their beloved dead long after they have passed away — a U. S. Senator, CaldweU, of Kansas, was charged with bribery in buying his seat in the Senate. The proof was at hand, but he prudently and consid erately, to save the Senate the formality and expense of an investigation, immediately forwarded by telegram, his resigna tion to the Governor of Kansas, and silently stole away. Just before Caldwell's begira, one Powell Clajrton, a carpetbagger, who wjth his harpy cohorts had descended on Arkansas, and by a white, black and tan legislature, had been sent to the U, S, Senate, was accused by other carpetbaggers with buying his seat. The writer was the one Democrat of the Committee of investigation. The testimony was positive, but the Senate failed to give the required two-thirds vote. He was one of the patriots who h^d contributed an arm to the cause during Lin coln's effort "to suppress an insurrection" covering eleven TRUE VINDICATION OF TSE SOUTH 389 States, This, at that time — (only 8 years after the skrimmage) was a certificate of good character throughout the North. One empty sleeve won the battle. Moreover, Clayton was a shrewd vrire-puller, and was considered necessary to Republican domi nation over Arkansas, When the Democrats drove him and his land pirates from office he was held in such affection that a Republican President and Senate sent him as Minister to Mexico, CHAPTER UV. THIEVING, SWINDLING, BRIBERY, PER JURY, AND GENERAL CORRUPTION RAMPANT IN THE "PARTY OF HIGH MORAL IDEAS." As soon as "tbe insurrection" extending over 789,,568 square miles had been "suppressed," tbe conquerors, actuated by their own honesty, and, also, by love of tbe freedmen and a phUan- thropic impulse to save them from robbery by the "Rebels," hastened to pass an Act in Congress to establish "The Freed men 's Bureau." It was speedily organized over aU the "Rebel States." Following Gen. Washington's patriotic example when he issued the order to "put none but Americans on guard to night," the "Party of Moral Ideas" selected none but good men and true — all being Republicans, and, a fortiori, honest — to pro tect their wards from robbery, or burglary of the Bureau by the "Rebels." Gen. 0, 0, Howard, one of Lincoln's choicest generals to "suppress the insurrection," and an exemplar in "Moral Ideas," as well as a shining Christian, was placed at the bead of this Freedmen 's Bureau. A large brick building for headquarters was erected on F. Street, Washington, front ing South, opposite the Treasury Department. Sambo and Diana, Hannibal and old Aunt Judy, Caesar and Venus, Pom- pey and Priscilla, Scipio and Susannah — ^in short, all the African wards — were assembled and instructed to deposit their dollars, dimes and pennies in the thousand Freedmen 's Banks over the South for safe-keeping. They gladly obeyed, and aU "went merry as a marriage bell" for a few years. One bright morning tbe whole North was apparently shocked by the announcement tbat "The Freedmen 's Bureau was dead broke." (Millions of dollars had suddenly disap peared — no one could tell bow. Tbe confiding wards were told, as an explanation, that the vast amount of their gold bad knocked the bottom out of the Bank. While tbe negroes' pen- TRUE VINDICATION OF THE SOUTH 391 nies were supposed to be safely cribbed, a negro college was built in Washington, It was christened "Howard" University — in honor of thfe General whose "Moral Ideas," so exalted, - had induced the selection of tbe General to stand guard over the millions that were the bard-earned wealth of the wards he had risked his Christian life to free. A casual peep into the vaults of the Bank revealed the astonishing fact that a part of the negroes' money, over which he, like a Cherub with the flaming sword, had stood as sentinel, bad been abstracted by his right hand, while his left, for a moment, held the flaming sword pointing at the "Rebels," But this trifling incident was passed over when tbe General, in his innocency, explained that he bad only robbed Peter to pay Paul; tbat is, be bad made an equitable arrangement by having all the negro depositors make an involuntary contribution of their money to a select few of their kin, to be educated at Howard University, in Latin, Greek, trigonometry, infinitesimal, calculus, differentials, conic sections and football. There is still another lofty peak to be observed, over which proudly flaunted the Puritan and RepubUcan banner embla zoned with their motto— "Moral Ideas," As this, also, was seen under Grant's Administration, it proves tbat after this Party of Moral Ideas got its hand on the helm of State there was no time lost in attending strictly to business. Another of Lincoln's mighty generals — Wm. W, Belknap — ^now steps into the Umeligbt as Secretary of War under President Grant. After "the insurrection bad been quelled," Lmcoln's troops, except those who were left in the South to bold the Rebels down while the carpetbaggers went through their pockets, were sta tioned in the West. Near each camp there was a store wbere soldiers could trade. The privilege of keeping that store was very valuable. The Secretary of War had the power to select the man — a civiUan— for that position. The technical name was Post-tradership, It is against tbe law for the Secretary to seU that privUege. Belknap's wife, of extreme Western type, aspired to reign in Washmgton society— an easy victory with money, which she bad not, but coveted. News reached Congress that Belknap bad sold a number of Post-traderships, A com mittee began to mquire into the facts, Belknap's friends sent 392 TRUE VINDICATION OF THE SOUTH - ' ' ¦ — ¦ ..... . f_ a telegram, and he took the next train for Washington, He had a friend on the committee. He knew every step taken as soon as the committee adjourned. Several days passed, Belknap saw Grant, and they arranged for an escape, Wben the com mittee was ready to make their report to the House, and before they could act, Belknap rushed to Grant with bis resignation as Secretary written and ready. In less than a minute Grant had signed tbe acceptance of the resignation, and, thus, the founda tion for escape through a technicality was laid. Tbe impeach ment however, proceeded. The facts were undeniable, but the brave soldier tried to get away by biding under the skirt of his wife. She admitted that she negotiated the sales of the trader- ships. Here was a dilemma, A mighty hero who had com manded a heterogeneous mass of human bipeds gathered from the corners of the earth to put down "an insurrection by Saxon Rebels," some of whom were then judges to sit in judgment on him and strip the epaulettes and stars from his patriotic figure — "it would never do ! It must not — shall not — ^be done !" So his Republican allies filed the plea that the Senate had no jurisdiction to try him, because, a minute or more before the House bad voted to impeach him, he had tendered bis resigna tion to President Grant and it had been accepted. With the facts indisputable the majority of the Senate (being RepubU- cans), on this plea of lack of jurisdiction, would not find the accused. guilty. The trick won. Truly it is a goodly sight to _ see brethren dwell together in unity! Thus far, under Profit and Loss, we bave limited the view to a very small number, but they were criminals of the highest rank. They were trustees of the pubUc— Vice-President, Sena tors, candidate for President, cabinet ministers, generals, and custodians of the country's life-blood — money. Near the same period the country was shocked by another case of bribery and corraption. It involved the mayor, councU and aldermen of New York City, Boss Tweed was the- mayor and ring-leader. He was convicted. So were a few aldermen. It is impossible, from lack of space, to particularize in so wide a field of dishonor and corruption, stretching across the continent from Boston to San Francisco, and up into Oregon. Under the title of Theft and Larceny after Trast and Embezzle- TRUE VINDICATION OF THE SOUTH 393 ment, a few of the names enlisted under these piratical flags will be given. No ! for tbe sake of their children, who should not suffer for the crimes of their fathers, tbe names will be omitted, and occurrences only given. The officers of the four big life insurance companies, after the investigation by the Armstrong Committee of New York, were convicted of stealing vast sums from their respective com panies. Some fled to avoid conviction, some committed suicide and one remains in Europe — ^to avoid the penitentiary. Tbe Enterprise Bank in Pennsylvania, by its officers completely looted, so that the Receiver reported that there was nothing left. Bank officers in New York City stealing the stockholders' money, and taking promissory notes from their messenger boys for large sums to represent that much good paper for loans. Another President of a New York bank embezzled the funds, and was convicted and sent to the pen, and used tbe money to bribe physicians to certKy he was slowly dying by an incur able disease, and on that ground secured a pardon. Now healthy and strong as a firedog. The President of a bank in Chicago looted it, was caught, convicted, and is serving his term in stripes, and is knovra, Uke Jean Valjean, by a number. The list could be extended into the hundreds. This we have not space to do. We must now take criminals in groups. . Who could have imagined that the purest, the chastest, of aU the provinces — ^the nation's conscience — the paragon of all perfections — Puritan Massachusetts, would ever be found among the faUen? When tbe wisest, tbe most virtuous, the exemplar in morality, ethics and virtue yields to the siren's voice, what can we expect from the weak, the ignorant, the uncultured and lowly? "If the righteous can scarcely be saved, where shaU the ungodly appear? What "a good amendment— from pray ing to purse-taking ! ' ' Witb this polished pUlar in rains before us, no tender heart can fail to feel compassion for her weak sisters and to invoke m their behalf the briUiant defense of Sir John Falstaff in his own cause. "Dost thou hear, Hal? Thou know'st in the state Pf innocency Adam feU; and what should poor Jack Falstaff do in the d?iys of viUainy?" Yes, the legis lature of Massachusetts was "taken in the act." But under a convenient shelter erected in that bailiwick— similar to the old 394 TRUE VINDICATION OF THE SOUTH English law called "taking sanctuary" — tbe guilty hastened to fly, and, by making confession on oath, they became immune to punishment. Philadelphia, the City of Brotherly Love, so rotten for three decades under the guidance of Matt Quay — a leader of Repub licans — that the women rose in rebellion, and with the aid of a few of tbe good men, elected a Reform Government. The thieves in charge of the water works were poisoning the inhab itants. A few philanthropists induced an army engineer to resign from tbe army, to take charge of the engineerfiig depart ment — by guaranteeing a large salary for five years. But, two years after, the thieves routed the Reformers, and are again in the saddle. This brotherly love bears tbe stamp of tbe genuine Puritan and Lincoln coin, as negro men with white wives live in brotherly harmony in fashionable quarters — thus demon strating the sublime exaltation of the Quakers over sucb petty trifles as social equality and the mixture of white and black blood. If there could be any one act to extenuate the cruel and bloody persecution of the Quakers by the Puritans it would be found in the tolerance by the Quakers of such degradation. "This is the house that Jack built." Then comes Pittsburg with a record of crime and corruption blacker than the soot that forms its perennial covering. A band of thieves was found wearing the disguise of Councilmen. They sold everything within their control, including themselves. It is needless to say they were Republicans — descendants of Lin coln's patriots who fought to win glory for him as the Great Emancipator. Another glory due to the Republicans of this Quaker province under the Empire, blazed out in Harrisburgh — the Capital. Its flame lighted up the continent and aU of Europe except Turkey, where its uneffectual light was paled by a perpetual counter illumination of like character. This typical Republican condition was discovered in the Capitol Building, in which architect, contractors, supply-men, decorators, experts in statuary, painters, furniture dealers, capitalists and treasurer — all joined in an attempt to rival the New England Puritans in piling up the Tariff, The only slight difference in morals was that the Puritans get Republican Congressmen to do the stealing, while the Republican State-house buUders did their TRUE VINDICATION OF THE SOUTH £96 own stealing without employing a middleman. The result was the same — one by indirection, the other by direction without lying about it. ' ' This is the house that Jack built. ' ' New York must not be overlooked. About twenty years ago a Republican legislature appropriated four mUUon doUars to be expended in buUding a Capitol building at Albany, The work went bravely on. But, after the building was fairly started, "the funds gave out," Another appropriation had to be made. Several millions more were appropriated and, mar velous to tell, after a little more work, in some mysterious way "the funds gave out," Still another appropriation, and again "the funds gave out." Tbe last report, made pubUc a few years ago, was tbat fourteen millions had been sunk in that building, and it was not finished. The Capitol at Washington — ^much larger — under a Democratic administration cost seven miUion doUars, This (Albany structure) is "the house that Jack built," Chicago followed suit and her trusted guardians began to rob their wards. Every device known to crooks was brought into play. They soon achieved for ber the distinction of being "the wickedest city in the world," San Francisco, so far as the outside world knows, was late in the race, but when she arrived she demonstrated her skUl in tbe game. Her mayor and the city's legal advisers were found in tbe lead. The city aldermen were grafters only sec ond to ber mayor abd her legal counsel, Tbe thieves caught had friends more zealous than discreet. One tried to assassi nate tbe prosecuting attorney. He was shot and disabled to continue the trials, but he at length recovered. Graft, graft, was levied on every industry and occupation these thieves could reach. Tbe mayor and city attorney are serving time in the penitentiary. In Georgia (a State — ^not a petty province like Massachu setts) in 1889 one million dollars were appropriated to erect a State House at the Capitol, Five "Traitors,'' who had not fought under Lincoln, were appointed to superintend the work, to*purchase material and to audit bills. When the contractors tumed over the keys to those "Traitors" representing the State, of the one million dollars there was a balance left in the 396 TRUE VINDICATION OF THE SOUTH treasury. Those "Traitors" bad not been taught by their parents and their teachers and preachers the art of stealing. This is not "the bouse that Jack built." They were not fanatics. With them Avarice was not an innate, ethnic passion. They were not Puritans. They were not Republicans. They had no parents and teachers and preachers and Beechers and Theodore Parkers and other Fagins, to set them the example. But this Republican corruption was so wide it is of little use to consume time on special instances. We wUl now take a glimpse at the mass, by noticing a few of the separate fields in which the different classes of criminals have operated. That the tariff has been the matrix of the -wealth of this country no one whpse opinion is entitled to consideration vrill deny. That this incalculable wealth has been cribbaged by only ten thou sand of the 90,000,000 people is indisputable. That it has been thus gathered in by methods — ^whether or not allowed by law — that have been no higher than cheating and swindling, is another fact no one but the cheats and swindlers wiU deny. Only a few of these methods need be mentioned. The legalized gambling Exchanges in the large cities, the systematic wrecking of corporations, chiefly railroads, by the sandbag blow or by chloroform, or by the garrote. This method of killing is so gentle and skilKul as to be classed with the fine Arts. Tbe wreckers purchase a majority of the stock — thus getting the directorship — ^the property run do-wn — pass di-vi- dends — buy the depreciated bonds^default on the interest — then foreclose, seU at a song — ^pay the price in the preferred bonds — vripe out all stockholders — and finish the steal made, according to law, by capitalizing tbe new organization at 3, 4 or 6 times the original sum; sell the new bonds at par and a part of the stock, while holding the remainder as clear profit. On this 2, 4 or 6 hundred per cent, watered stock the public pays big dividends. Gold mines, silver, copper, iron, lead and coal mines' ex ploited by lying representatives to lure and then to rob con fiding investors. Immensely valuable franchises secured by bribing legisla tors and city councils and aldermen. TRUE VINDICATION OF THE SOUTH 897 "There be land thieves and there be water thieves," Some Republican gentry have a weakness to be large land-owners. The public lands being reserved for settlers and only a quarter section, or 160 acres, being purchasable, and only on condition that the buyer occupy and build on it, the land thieves employ men to commit perjury in pre-empting land and then conveying it to them. Many million acres have thus been acquired. In this widespread thievery a United States Senator from Oregon and another from Kansas were caught. Under Republican rule Congress has established a banking system by which six men in Wall Street can within one day create a money panic. These philanthropists, in 1907, before the country bad risen to its knees from the panic of 1903, con spired to gulp a competitor, and to cripple it they started a panic by ealUng in loans. They then approached the White House, where was stabled the wildest unbroken Broncho in the land. They whispered some magic words in his ear that, for a minute, so tamed him, that they rode him so joyfully they con sented to stop their own panic. They may, because they could, have whispered — "We have under our control the Black Plague, If you do not let us ride you, we intend to turn it loose on the whole people. If you let us ride you, we will be humane enough to let but a few people die." The Republican Congresses have been but machines in the hands of beneficiaries of tbe Tariff. Every one sat down in his velvet chair and calculated what per cent, be supposed the Northern patriots would stand. The "Rebels" were not con sidered, as they were tied to the stake in 1865, and kicking by them was only amusement for these patriots. Each one would then step up and turn the crank, and his per cent., Uke chewing gum after tbe nickel is dropped in the slot, would drop out. The only shibboleth to pass the stream and get to the machine was to whisper the amount be had given to keep the machine oiled and running. Under this infamous system of highway robbery by what was called law, brother would drive brother to the wall and rain bim and bis wife and children ; or a few men, to keep down supply, would buy out competitors, or lease their plants for years, and close them ; and after robbing the helpless millions in America these robbers would ship their sur- 398 TRUE VINDICATION OF THE SOUTH plus to distant lands, pay freight, commissions and port charges, and sell to foreigners cheaper than to the patriots and "Rebels" at home. But there are things in this life dearer than the Union. One is Justice. Another is Liberty. And tbe western patriots after having been luUed to sleep by the flattering tune of "Saviors of the Union," began to wake up and inquire whence came those Boporiflc, dulcet strains. Aft-er forty years of this lullaby, they asked — "Did our fathers fight and die to establish a des potism by Eastern millionaires — the most contemptible of all rulers — a moneyed aristocracy?" And they rose in their might in 1912 to get at this Juggernaut — ^this Congressional, auto matic machine. In the fury of crying ' ' Tyrant ' ' they forgot for a few seconds the word — their old slogan — ' 'Rebels. ' ' Ye gods ! — what agony they must have suffered — ^thus to lose all memory ! CHAPTER LV. THE SOCIAL LOSS. After the mere glance taken at the financial loss, we wiU take a brief view of the Social loss. Were it not for the vast difference in the peoples of the two distinct geographic divisions — the South and the North — the contrast in the social conditions of each would be amazing, A century ago the North was over- whelmmgly Puritan, the South almost entirely Cavalier, Dur ing and since the war the South was and is homogeneous, the North was and is essentially heterogeneous. The South was agricultural, the North was commercial and maritime — especial ly in New England. The morals of the women of that section, before the war, is vividly portrayed by Dr. Sanger in his astounding book entitled ' ' History of Prostitution. ' ' What was terrible then is a hundred-fold worse now. It is needless to dweU on this single social status. It can be summed up in those three appalUng words that but a few years past were assembled in such graphic horror — as if the medical world by unanimous voice were to diagnose an entire nation as dying from leprosy. Those triple Furies are — the "White Slave Trade." There was no pollution in the pagan world that approached, in shame, degradation, and power for national ruin, this deadly virus in the body of a Christian people. This — the social — ^loss by the war caimot be measured nor estimated. It was one of tbe mad dreams of the Abolitionists that the Southem men and women would sink under the burden bound on their backs by Emancipation. This expectation has tumed to ashes on their lips.\ Self-absorbed — with noses to the ground, scenting for doUars — ^they never looked up to take the measure of the, white man of the South. They could only see the negro. They turned the table on themselves when, in their madness, they chose the negro as their company, Tbe negro, with all his cranial limitations, is a shrewd observer and reader of faces and character. In his subordinate position as a slave this talent was cultivated beyond that of the master. It was his protection from imposition. When the carpet-baggers 400 TRUE VINDICATION OF THE SOUTH swarmed through the South he read them at a glance. He knew they were of low origin. He had two standards for judging the quality of his deliverers — one was tbe rank and file of the army, the other, the carpetbaggers who succeeded the men vrith the guns. By them be judged the people who sent the soldiers to kill and tbe carpetbaggers to rob. As soon after freecjom as they could gather enough to pay for transportation they sought tbe land where equality, political and social, would be their own. And they have not been disappointed. They have been received with open arms. There is no distinction. Race and color are no bar to society, AU are brothers and sisters. The table of the rich is spread for tbe negro, Tbe white man is just as much a gentleman as the negro. The white lady is on a par with the "colored lady," They sit together as cosily — chat as merrily — as if all were bom in Africa, The three amendments to the Constitution, adopted for the special benefit of the negro, have turned, like the boomerang, to strike the heads that devised and the hands that projected them. The negro is not fastidious in choice of his residence. He does not object to snuggling by the side of or next door to a millionaire, and the millionaire must grin and endure it or move away. He has no objection to marrying a millionaire's daughter — especially of one who paid a Hessian a thousand dollars bounty to murder his neighbors while he sold shoddy supplies to the government and made his mUlions. Why should not the negro show his gratitude by marrying the daughter? When his white friends pay big prices for a seat to see a negro pugilist beat up a white man, and the negro grows rich, why should he not spend a few thousands to ^ive bis white friends the pleasure of his company and that d.. bis white wife on the shore of Lake Geneva., and take a dip therein with them ? This is not the only blessing of the three negro amendments. They bave reached out and are blessing far away Boston, There the negro demanded equality in a',1 social gatheimgs, functions, and in conveyances at entertainments, in gymnasiums — in short, in any place his white equal can go. Having conquered the Whites fn the society tilt, be has entered the field of business. He now demands of merchants, tradesmen and others in Boston who employ help that no distinction shaU be made in color or TRUE VINDICATION OF THE SOUTH 401 race. If a white man is needed as a clerk, or salesman, the negro must not be given a positon as porter. He must be a salesman. The three negro amendments tell the merchants there must be no color line drawn — what is good for the goose is good for the gander— what is best for the white shaU be given to- the negro. The three negro amendments — the logical effect of Boston's crusade for abolition — ^are going back home to bless her as she delights to be blessed — tbat is, in loss of money. In 1900 her exports amounted to $112,195,555. In 1912 her ex ports amounted to $69,692,171 — a loss of 61 per cent. In 1900 Savannah's eports were $38,251,981, Tn 1912 Savan nah's exports were $104,266,295 — a gain of 173 per cent. As New England never fails to get what she wants, it is fair to presume she does not want any exports. As she worked furiously for fifty years, and fought for four years, for social equaUty with the negro, and as she got it, it is fair to presume that she desired it. This is another of her successive and un broken line of triumphs. In tbe second chapter the names afSxed to counties, towns and postoffices by tbe Puritans in Massachusetts were put in evidence to prove tbat they have little, if any, respect and rev erence for their mighty ones' of old. They either lack that pride of ancestry which prompts children of other nations to perpetuate the names of their glorious dead by association with inanimate objects, or they were sublimated above such sublun ary artifice. This singularity of the Puritans is recalled because it seems to be progenitor to another phase of tbe same indiffer ence to ancestry as well as to posterity. In this latter view is involved aU the fanatics who swarmed out like bees from New England 's hive aU over the West during sixty years before the Abolition War. The Greeks, the Romans, the Egyptians, the Carthagenians, came in contact with the negro for thousands of years, (count ing the Egyptians) , They are glibly reckoned as Pagans. There may have been illicit admixture, to a small degree, of the negro vrith one or more of those nationalities. But they had laws to regulate marriage and by those laws marriage with negroes was not permitted. Pagans though they might have been — even though they were — ^yet they had that virtue, pride of race. They 402 TRUE VINDICATION OF THE SOUTH did not become mulattoized. Through wealth, the White Plague of Nations — ^followed by ease, luxury, indolence, dissipar tion, individual flaccidity that became national (the tubercular symptoms) — ^they became degenerate and feU a prey to robust, younger neighbors, ' ' There is the moral of all human tales, 'Tis but the same rehearsal of the past. First freedom, and then glory, wben that fails. Wealth, vice, corruption — ^barbarism at last," If there be any social condition more horrible, and demon strative of a people's decay, than the White Slave Trade, it is to be found in the loss next to be considered. And that it is the legitimate offspring of Lincoln's insane ambition to involve the States in war, in order to reach his heart's desire — ^to be the Great Emancipator, his only chance to escape dumb oblivion — is as trae as that religious fanaticism is remorsel*ess, and is blind to consequences. This subject is the social condition in the North between the negro and the White races. In order to present this vital question in its true light, a brief retrospect will be helpful. There are but three distinct divisions of the human race — the White, Black and Brown, The White and Black are as dis tinct as are the two miscalled colors — ^white and black. The Brown Race includes Mongols, Malays and Indians, Ethnolo gists are not decided on even the difference in origin of these three divisions of the Brown, Recent devlopments by archae ologists in the two Americas point to unity of the Indian with the other two divisions of the Brown. The geographic home of the White race has been in tbe territory known as Europe. The Aryans, Pelasgians, Assyrians, Jews, Medes, Persians, Greeks, Romans, and the nomadic tribes known as Goths, Visi goths, Huns, — were all of the White Race. It is the only race of diversified individual types. Black eyes and black hair have uniformly and persistently marked the Black and Brown races. Physically, the White has been diversified in all the glory of the rainbow. Hair — ^the ornament that crowns the head — ^is black, near black, auburn, brown, chestnut, golden, flaxen, blonde, yellow, red. The eye — ^the mirror of the soul— is black, dark, hazel, brown, blue, gray, or with little isles of gray an chored in a sea darkly, beautifully blue. TRUE VINDICATION OF THE SOUTH 403 This has been, from time immemorial, the conquering race. Its path has been progress. Its march has been steadily up ward—rising from the vaUey to tbe world's mountain peaks; conquerors not of men only, but of nature, subduing nature without, and making it contributory to man's physical wants, his pleasure, comfort and luxury; and, likewise, conquering himself — ^bis natal ferocity, his wild appetite — cultivating and reflning his crude justice, and as be rose he captured from his feathered companions their notes of joy floating in the air, the music and rhythm of the sea, and wove them into the rapturous melody of song. From the rushing, roaring, blopdy drama of life he con densed its essentials and unities and presented them to the eye to teach the living virtue, honor, reflnement and philosophy. His is the oiUy eye that God has endowed with appreciation of the Beautiful; of the harmony of Nature, He alone with crea tive vision sees tbe exquisite grace, the bewitching figure of a Venus, Minerva, or Galatea in jthe marble, and bids them come forth. His race alone has given birth to a Plato, an Aristotle, a Demosthenes, a Cicero, a Milton, a Shakespeare. From his race alone sprang an Alexander, Csesar, Hannibal, Washington, Napoleon, Wellington and Lee. As explorers of the Universe the White Race alone can caU the roll of tbe Immortals — Galileo, Newton, Hersehel, and a thousand more scarcely less distinguished who have made the stars as familiar to us as household words. And this race in its wanderings for untold ages, has never, before the last century, debased its blood by marriage with a negro ! In the seventeenth century the Puritans and Portuguese, impelled by insatiable avarice, cast their hungry eyes over the earth to find a field for spoils. Darkest Africa — to use a sole cism — loomed in sight. God, for a wise purpose unknown to but surmisable by man, had assigned a continent to the negro as his separate habitation. He bad walled it in by Earth's wild est and most forbidding desert, and by two vast oceans. The Puritans and Portuguese broke through the Western barrier, and for two hundred years the Atlantic's waves were fretted into foam by day, and illuminated by phosphorescence at night by hundreds of Puritan ships packed with negroes in chains. 404 TRUE VINDICATION OF THE SOUTH making for any port of least supply and greatest demand, to convert human flesh and blood into gold. During two hundred years? Yes, and longer. For, in 1830, standing on Plymouth Rock — tbat sesame that opened the door of Liberty to the Pil grim Fathers in 1620 — Daniel Webster pointed to factories and furnaces where manacles and fetters were being forged for the hands and feet of African victims of Puritan avarice, waiting three thousand miles away, to be fed to trailing sharks or to be greeted on New England's shore by ber flag proclaiming liberty and equality to all men. It was reserved for the New World, led by New England, to teach the Old World the advantage, lost by it for so many ages, of legalizing the commingling of the blood of a black negro and a woman of the White Race — to stock this "Nation" with an improved type. It has been truly and justly said by a wise man tbat he who is clothed with power to prevent crime, and stands by and sees a crime committed, is responsible for the crime. A people who bave the power to enact laws to prevent tbe marriage of negroes and Whites, and refuse to pass the law, is guilty of the degradation of the woman and of the White Race, Tbe Northern Pharisees — ^who make broad their phylacteries and say to the poor Publican, "I am better than thou," by tbat breath are sowing tbe winds. Let us reason awhile on this social condition. Laws are not to protect the strong. Their wisdom is based on the assumption that the strong can protect themselves. As a rule this is true. But reflection for a few moments will reveal its fallacy when applied to the subject now under consideration. The family is the unit in all societies, all States, all Nations, When the family, or unit, degenerates, the nation, or society, necessarily degenerates. The strongest nation is the one com posed of the strongest units, or families. And the strongest units, or families are those held together by mutual affection, love, pride, and personal virtue and honor. In which race are found these threads that form the bond of family union — the White or the negro ? It is absurd to make a comparison. When these qualities belonging to tbe White Race are diluted one half by negro blood, the unit is weakened one-half and the nation in the same ratio. The Northern "provinces" are TRUE VINDICATION OF THE SOUTH 40S stocked with the most heterogeneous mass of humanity gath ered together in any part of the earth. There are millions of immigrants who were little better than slaves; who had no social rank ; no pride of race, and who affiliate with negroes on perfect equality. To what that leads no one can be in doubt who knows the negro. Again : The danger to Northern society does not rest alone with immigrants. There are women and girls, of as white blood as the Northern Pharisees, who have been ground down by the heel of Avarice — of greed — to the depth of desperation. They are the class who are driven day and night in mills and fac tories ; into serving in sweat dens until they have not tbe energy to sing Hood's "Song of the Shirt." There are hundreds of thousands of shop girls pinched by poverty and starvation wages, who, after tbe day's grind, are forced to take the way that leads down to Hell. CHAPTER LVI, WHITE SUBJUGATION. The only item of profit (if such it be) is freedom for the negro. The next subject for review is tbe subjugation of the white race. The first field is the political. It is not necessary to enter tbe iron gate of Pandemonium tbat tbe Abolitionista- established, from hatred and venom, over tbe South during the dictatorship of a mulatto woman, and called "Reconstmiction," That was but the dying gasp of the malicious foe that waged that unholy war. It was the wisp with which the Phillistines bound Samson. It was soon broken and the Southem white man was free, and has since held the position to which God assigned bim. How is it in many of the Northern "provinces?" Is the negro, or the white man and the white woman under the yoke there ? Let history answer. In eight or ten States the negro they freed holds the balance of power. After freedom they fiocked to their friends where they could have the joy of social equality. And now, holding the balance of power in those States, and in at least 60 Congressional Districts, they crack the whip over the politicians* backs as Southern over seers were privileged to do over the felaves. The closer the State, or the District, tbe more exacting and insolent the black suffragan becomes, and the higher tbe price to be paid for his vote. This condition did not and could not exist before Eman cipation, In these cases, who is under the yoke — ^the negro or the white man? But this is not the worst fact that alarms the patriot. The moral aspect is the one that statesmen should consider. The politician thus obsessed to get office, must degrade himself. He sinks his manhood. He must buy his office. In no view is he more of a man than a candidate for the Senate who buys legis latures. He takes his ignoble stand with Senator Lorrimer, If he does not feel his degradation he was self-abased beforehand. And be is a fit tool for the tribe of which Oakes Ames was a High Priest, The migration of tbe negro /to the Northern "provinces" is rapidly on tbe increase. He is lured by social TRUE VINDICATION OF THE SOUTH 407 equality and there only he can find it. He is inexorable in his demands. Give him an inch and be wUl take a yard. He now holds the poUticians in terror. There is not a gentleman among them who is wUling for his wife or daughter to be rubbed by negroes in street-cars, in restaurants, hotels, theatres, or be locked in PuUman sleepers with them. And yet they bave not the courage to advocate and to insist on separation of the negro from their famiUes, Who is under the yoke — the negro or the white man ? Scattered through the Northem "provinces" are weekly papers edited by negroes and supported by negrophiUsts and politcians, "for favors to come." There is hardly an issue of these parasites that is not a demand, directly or indirectly, for social equality. They hammer away at Jim Crow ears and at every thin partition that obstructs them' from rubbing against white men and women. And the white politicians dare not and the Northem white press will not notice this social incendiar ism. When the stifling odor of the Jack Johnson miscegenation flooded the air of the continent — ^one white woman a suicide and another named Cameron in his clutch — these editors ( ?) — notably one in immaculate Boston — threw deflance at the white race for holding its nose because negroes and whites in tbe Northern "provinces" unite "in the Holy Bonds of Matri mony," take their joyful bridal tours, enjoy their honeymoons, ¦and then "settle down" to raise a crop of mulattoes — all done according to man's law up there in John Fiske 's "provinces." Under Republican rule and its tariff there has been organ ized a system of financial despotism unknown before in the his tory of any kingdom, monarchy, autocracy, or empire. , And this net, too, gradually, cunningly, secretly woven around 90,000,000 people who boast of freedom and equal rights, by traitors chosen by their o-wn baUots. Their selected agents have sold them into slavery. They are owned by Trusts, Monopolies, and Corporations — ^united in one great conspiracy to strip their victims down to poverty. And above and controlling and di recting this band of unnumbered conspirators sits the Banking Power with its throne in Wall Street. Yes, the patriots feed the negro, and now they wear the yoke a thousand times more galling to white men than slavery at any time and in any conn- 408 TRUE VINDICATION OF THE SOUTH try was or could be to the negro race. When a disguised high wayman meets a traveler and, holding a gun to his bead, de mands bis money and takes it, he is called a robber, and in law- abiding England, when caught, he is banged like a dog. When thousands of men wearing the disguises of Trusts, and the Tariff, combine their strength and rob the farmer while he sleeps — ^not of a purse, but of a quarter of his year's earnings — ^they, in America, are called gentlemen, and are "the Lord's anointed." One local loss by Emancipation no one will deny. It falls on New England — the first loss she has not been able to dodge since 1789. Being financial and self-inflicted, it is the hardest blow she could receive. Before she led the Abolition horde to put Lincoln in the saddle she was America's monopolist in spin ning and weaving cotton. Tbe South has taken from ber, with in twenty-five years, nearly half of the millions she would have made by her mills. And within the next quarter-century this industry will be monopolized by the South. Already, the South consumes more bales than those six "little provinces" in the Empire. Another loss to New England is her rural population. The ""provinces" of New Hampshire and Vermont have been, to a large degree, deserted. Farm houses are decaying. Lands once occupied and productive are now returning to tbe wilder ness. Eliminating Boston, which is one-third of Massachusetts, the congress representation of New England is as follows : Massachusetts 1789—8; in 1860—10; in 1910—16 Maine 1810—7; in 1860— 5; in 1910— 4 Connecticut 1789—5; in 1860— 4; in 1910— 5 Rhode Island 1790—2; in 1860— 2; in 1910— 3 New Hampshire 1789—3 ; in 1860— 3 ; in 1910— 2 Vermont 1790—2; in 1860— 3; in 1910— 2 Sic transit gloria "provinciarum," CHAPTER LVn. JOHN BROWN— A BRIEF ESSAY ON A SMALL SUBJECT. L There are reckoned seven wonders of the world. All these are physical or material. The wonders in the mental, spii^itual and psychic world have not been segregated and named, al though they are much more numerous and interesting. It is my purpose to speak of one, only one, of tbe psychic wonders — the mastodon of all. It is this : Tbat of ninety million people — two-thirds North and one-third South of an imaginary line — all professing tbe Christian religion, tbe same patriotism, speak ing the same language, under tbe same laws, pretending to have the same pride of race, equal love of and devotion to their chil dren, equal jealousy of good govemment, two-thirds North and one-third South of an imaginary line are diametrically opposed to each other on questions of the best government, on patriot ism, rebellion, treason, morality, common decency, common hon esty and personal honor. As will be shown, this difference is so wide, so shocking, that what on one side is lauded and hon ored as patriotism, is denounced on the other as treason ; what is applauded with shouts and screams as philanthropy by one, is promptly punished by the other as common stealing; what is glorified on one side as an act approved by God, on the other side is adjudged, vrithout a dissenting voice by even unethical negroes, as murder of the foulest type. What is memorialized by monuments in granite at the North is declared felony by white and black in the South— where its only monument is a temporary wooden gallows. Can there be a more astounding wonder than this? , It is not only a wonder, not only a mystery, but it is dynamite bedded, under the foundation of our govemment with an elec tric fuse attached. Even on poUtical economy the two sides are so far apart that, whUe one holds it to be their duty to 410 TRUE VINDICATION OF THE SOUTH support the federal government, the other indignantly demands that the government shall support them. To bring into full view this wonder in morality, character, religion, common decency and honesty, I shall cite and unfold but one instance, that of John (Osawatomie) Brown. In order to form a correct judgment on the right and wrong of the difference between these millions of people about this Brown, we must know some of his most prominent acts, I cannot soil this little essay with any more than a skeleton sketch of this saint, or demon, as he appears on one side or the other of an imaginary line, John Brown was, or is (as he is stUl marching on) a lineal descendant to the fifth generation of Peter Brown, a Puritan of the Mayfiower flavor and vintage of 1620, He was born in Connecticut in May, 1800. In 1805 his father moved to and settled in Hudson, Ohio, There John grew up and learned the tanner's trade. He went back East, quit tanning and flUed a little postoffice at Randolph- Pennsylvania, He then speculated in land and lost out. He next returned to Ohio (1840) and raised sheep and sold wool. His next resting place (if he ever rested at all) was in Springfield, Mass., in 1846, There he spec ulated in wool again; offended New England manufacturers, who combined against him, and he migrated to London, Eng land; There he lost the little gains he had. He returned to New York in 1849 and settled (if he ever settled anywhere) in North Elba, N, Y,, and went into the wool business again. For ten years or more he had been what was called a "conductor" on one of the many "underground railroads" that were run from all the Southern States to Canada and that carried noth ing but negro freight and returned empty in ballast for other freight. Brown did a business that extended from Massachu setts to Iowa, There were thousands actively engaged with Brown in stealing — among them, as the biggest thieves, were Henry Ward Beecher and Theodore Parker, New England's highest priests. There was no competition ; the only opposition was a rivalry to have it decided who was the greatest thief. Brown married twice and had twenty children. In 1854 his five eldest sons left Ohio and went to Kansas. In 1855 their father joined them at Lawrence, Kansas. He gathered a band of thriftless "squatters" and boon companions and his work TRUE VINDICATION OF THE SOUTH 411 of death began. His fellow fanatics made him out a flesh-and- blood Galahad, for they record as history that "with 29 men he routed 500 Missouri ruffians" — one of the many terrible anathemas used then to describe every owner of slaves. He ^ returned to Massachusetts to get money and guns to help save "Bleeding Kansas." After enough murders had been recorded to bis credit to win the coveted title of Northern hero, he drilled a body of men to go to Virginia and seize a high mountain, to descend into the valleys, steal slaves, conceal them on the mountain and biU them through by underground railroad to Northem States and Canada. When the drilled men were told his plan they refused to go. He proposed then to seize Harper's Ferry and they refused to go. Brown then went to Chatham, Canada, assembled a few negro refugees, an English poet named Richard Realf, another white man named J, H, Kagi (supposed to be son of the celebrated gambler in Washington, D, C), and called the motley crowd a Convention, They then adopted a Constitution for tbe government of the United States and formed a government by electing our hero, John Bro-wn, Com mander of the Army and Navy; Richard Realf, tbe poet, Sec retary of State; J. H. Kagi, Secretary of War; and the Hon. Elder Monroe, a negro and a preacher. President of the United States. (Tbe first and last negro President.) When we consider every disadvantage Brown labored under from birth (including his Puritan blood), his failure at every thing he undertook— tanning, sheep raising, wool gathering, trading in wool, land speculation, his failure to conquer Vir ginia vrith the strong aid of 20 men, mcludmg his negroes— and considermg, also, that he was a model lunatic, it must be admitted by aU good and unprejudiced judges tbat our negro- thief. Brown, came out of that Convention covered with aU the glory his feUow lunatics could reasonably ask. At least, they —his fellow lunatics— found in Brown's constitutional Conven tion, held in Canada, and in the election of officers, ample grounds for their— his fellow lunatics'— decision to erect a granite monument to Brown (in Boston, in the State of Massa chusetts), and aU they— his feUow lunatics-had to do to insure ample contributions to buUd this-the first monument ever erected in honor of a lunatic— was to preach a few lusty ser- 412 TRUE VINDICATION OF THE SOUTH mons portraying bow John murdered men and boys in Kansas and slave owners in Missouri, and stole their slaves and run them into Canada, and to add, as the climax to his career, his magnificent invasion of the entire State of Virginia, which only failed for a dozen reasons, each of which was more "than suffi cient. And it reaUy begins to appear, in the light of John Brown's birth and biography, bis misdeeds and attempted deeds, that his fellow lunatics were justifiable, by kinship and afSnity, in perpetuating bis memory. In June, 1859, Brown changed bis name to Smith, went to Virginia, said he wanted land to raise sheep. He stopped six miles from Harper's Ferry, Soon three of bis sons joined him and other tramps straggled in as sheep raisers. With six negroes this band of assassins numbered twenty-two. They had brought and hidden guns and ammunition. On October 16th they sneaked into the village of Harper's Ferry before dawn, surprised the watchmen at the arsenal, took possession, captured Col. Washington and imprisoned sixty citizens. Brown told passengers on a Baltimore train that passed at daylight tbat he bad come "by authority of God Almighty to free the slaves." The Virginians gathered quickly. Col. Robert E. Lee, vrith a few soldiers was ordered from Washington to recover tbe Government's property. A battle ensued. Brown, having lost all but six men, took refuge in the engine room. The two sons were of the six. One son was killed ; the second, mortally wounded, feU, Brown knelt between their bodies, felt the pulse of the dying, and gave orders to the four survivors to "sell their bodies as dearly as possible." He was captured by Col. Robert E. Lee, duly tried as a murderer, convicted and hanged. The foregoing sketch of John Brown shows a small part of tbe record out of which the wonder grows. It is very meager, considering that over forty-five years were actually wasted in wandering, speculation, murder of slave-holders in Kansas,. and stealing negroes. The last — ^murder and stealing negroes — might be called rightly his vocation; aU other works his avocations. Stand on the boundary between Kansas and Missouri and listen to the opinions on John (Osawatomie) Brown, as ex- TRUE VINDICATION OF THE SOUTH 413 pressed by the citizens of these two States ; then proceed east- wardly to the line between Virginia and her eldest daughter, Ohio; speak of John Brown and Harper's Ferry, and note the battle of words tbat instantly begins. Move on into Pennsyl vania and New York and note the rise in tone, the extravgant laudation of tbe nation's greatest hero. You imagine that Washington or Andrew Jackson or Grant is in the speaker's mind. Cross the Western border of New England and listen. What delightful harmony — what a happy family — on John Brown! No logomachy here! All exclaim: "What a won derful man! What a hero! What a martyr! He kissed a negro baby and marched right up to tbe gallows — didn't even wipe his lips!" And mingling with tbe dull hum of loom and spin dles, breathing a sigh into the lessening sweU of the lullaby, syn chronous witb the swing and ring of the anvil, beating time with the commingled multitudinous roar, crash and tumult of commerce, we hear from every hut, shop, shelter and rank, in droning, crooning moan — and almost monotone — "John Brown's body lies a-moldering in the grave. But bis soul goes marching on, Glory! Glory! HaUelujah!" Draw near to the center of all fanaticism, Abolitonism and Puritanism — ^Boston town — ^where alone American genius, un- sandaled, must repair to win a civic crown, or wither and perish in outer darkness, and you hear shouts of praise and glorifica tion— "Glory, Glory, Hallelujah!" belaboring the air in honor of John Brown, and you behold FaneuU HaU illumined like Solomon's Temple, in preparation to set Boston's seal of Deity on John Brown ; and you see her High Priest, Ralph Waldo Emerson, rise and raise his holy hands, square his divinely illuminated countenance to tbe ceUing, and in tones of awe declare in words inspired by Mammon, and enmity to and hatred of the South— "The murder of John Brown has made the gaUows as sacred as the cracifixion of Christ made the Cross." It is not surprising that this new Divinity was first created and then discovered by New England, whence the Christ of the Trinity, in whose name and worship the Puritans persecuted and kiUed Quakers and women and chUdren, was banished 414 TRUE VINDICATION OF THE SOUTH near a century ago by many enich spiritual tyrants and tinkei^- ers in creeds as Henry W. Beecher and Theodore Parker, and where recently a woman — ^thrice married and once divorced, and a mother — ^made of the common clay of New Hampshire — was bslieved by many thousands to be immaculate and her body immortal. As, there, Christ has been rejected, not even an eyebrow was raised in wonder because John Brown was first recognized, then eulogized, panegyrized, then canonized and raised to a Deity, New England's process of reaching this con clusion is plain: Christ, the Son, is the equal of God, the Father, and, of course, has all the attributes of the Father, It was the attributes of Deity that sanctified the Cross, therefore, as the hanging (or crucifixion) of John Brown sanctified the gallovvs as much as the Cross was sanctified, John Brown pos- sesed the attributes that Christ possessed, Boston selected her poet-priest, prophet and poet-philosopher to make proelamtion of her great discovery of a second Christ, The remainder of the story of John Brown's deification can be told in few words. Of course, all that could be done to the honor and glory of New England's newly discovered Deity was done promptly by his worshipers. The first thing was to compose a hymn devoted exclusively to the fresh Divinity. A genius was inspired — of course by the brand new little anthro pomorphic God — to write up an account of bim and what he was doing in the next world. And the inspired idiot began by assuring the friends and worshipers of their freshly molded Christ that "John Brown's body lies a-mpldering in the grave," What a brutal consoler— especially as he was of the gentle, sensitive, mimosa strain called poet! To make a god, out of hand, and in one night, in Faneuil Hall, and to forget or neglect to. pump omnipotence into him, or to screw wings on his shoul ders, was an unpardonable oversight. On second thought it is clear that the poet was right. He knew more of New England's fresh find than the crowd that put it together knew. When he was selected as New England's poet laureate to compile a sacred hymn, when the divine afflatus stimck him, he, if truth ful, had to take things as be found them and sing John Brown's body buried in the ground just like common folks — deity or no deity. But the second line of this doleful hymn dedicated TRUE VINDICATION OF THE SOUTH 416 to New England's manufactured and therefore dearly beloved god, is an anomaly in poetry and logic. It is creative, and also iconoclastic. It denies New England's worshipful contention of Brown's Christship by denying his body's resurrection, and in the same breath by putting that old terrestrial vagrant and tramp on an eternal marching the instant he died. Think of a deity dead and his body "a-moldering''' and his soul starting out on an interminable tramp ! "But his soul goes marching on!" Marching on! Where is it going? The orthodox doctrine speaks of only two direc tions a disembodied soul can take. One is to Heaven the other to HeU. On which road is this constitutional tramp marching ? I do not mean by "Constitutional" that old effete paper that New England denounced "as a covenant with Death and an agreement with Hell." I mean a tramp from birth, by nature, a constitutional vagabond on sea and land, as a duck is by nature amphibious. The length of his journey, the time already elapsed since he started out, raise a painful doubt as to that soul's destination. We are told in a song by bis fellow lunatics every day in many spots, from Maine to Alaska, that John Brown's "soul goes marching on," They have had it "march ing on" more than fifty-two years by Shrewsbury clock. At three mUes an hour as its pace, his worshipers have made that poor old lunatic march more than one million three hundred and sixty-six thousand, five hundred and sixty miles, a distance more than fifty-six times the circumference of the earth. Pic ture the scene as sung so lovingly by three million white sol diers, and by three hundred thousand negroes disguised ii^ blue uniforms, "playing soldier" during the Aboliton War, and each one believing John Brown's soul was keeping step with him. What does that prolonged pUgrimage mean? That he was born a tramp and fuU of wanderlust; that he was descended from a PUgrim, and came of a tribe of fanatics called "PUgrim Fathers," does not explain this interminable tramp. Either aU these worshipful singers are hoodooed or are the dupes of a crael joke put on them by the lunatic who wrote this dismal hymn on Brown's soul (tbe equal in the North to Christ) ; or it is not on the road to Heaven, but is headed for a hot place he is trying to dodge. For this tramp is either voluntary or 416 TRUE VINDICATION OF THE SOUTH compulsory. If voluntary, could any one but a lunatic dawdle and fool away time on the way to Heaven? But the hymn as sures us that "his soul is marching on!" He hds not stopped a moment, no not even to kill a few Missouri ruffians and slave holders, nor to set up his Constitiition and Government for the United States, with his negro President. The first human to go to the Judgment Seat after death and return (to tell the tale to Socrates) was Er. One of the many differences between Er, the ancient, and John Brown, the modern wonderful traveler, is tbat Er told what he saw, and Brown, after marching more than fifty years, shows no symp toms of returning. It seems that tbe second Fury has cursed him with wanderlust (the mark of a tramp), to continue for ever, I base this view on the religious belief throughout the Northern States — and especially New England, as is sung in their worship of John Brown, their Second Christ — that his soul is stiU marching on in a tramp that began the second day of December, 1859, It would be a marvelous faith if held by a people who claim to be rational on most subjects, but it is not even surprising compared with belief in witchcraft and the faith that hanged Quakers. It is idle to make war on millions of people because they believe an absurdity in religion, especial ly when a part of their sacred, music is inspired by an absurd ity; a people who bave a monopoly on intelligence and are really rational on making money, who could and would believe John Brown the equal of Christ and who honor bis holy name in sacred music, especially just because their greatest philoso pher, poet and writer, Ralph Waldo Emerson, proclaimed Brown the equal of Christ in tbe hour of his death on the gaUows; but we cannot forget their belief in witchcraft to the extent of committing murder to destroy it. CHAPTER LVm. JOHN BROWN— A BRIEF ESSAY ON A SMALL SUBJECT. n. The difference or rather one of a hundred differences be tween Er, the ancient excursionist, and John Brown, the modern globe-trotter, is, that Er tells what he saw, and Brown can't tell what he has seen and sees. If he could he might explain his tardiness or truancy. Er says he reached the judgment seat in the twinkling of an, eye; saw tbe righteous justified and ascend to Heaven, and the wicked condemned and descend to HeU. If Er's soul reached its destination so quickly, why does the soul of old John delay over fifty years. Tbe reason is evidently he is not bound for the Kingdom of Glory, and that his father, the Devil, in consideration of bis supremacy over all the earth as a thief and an assassin, has granted to Brown a special dispensation to pursue, for a season, his earthly voca tion as a tramp. The first line of this most popular of death's-head hymns suggests that the hymnologist must bave been of the tribe of Puritan historians, who, as a class, are the most perfidious be trayers of trath in the world. For instance, this line assures us that John Brown's body, fifty years after he was hanged, is still , "a-moldering in the grave," We have heeh. told this marvel ous fiction every hour in every day in every year for fifty years, in hut, or house, or palace, or dive, or bar-room, or theatre, or in Veterans' Camps strung from Portland to Port land over tbe North. This strains credulity to the degree that it recoils and breaks. Though deified old John had > been a tanner bis bide would not have kept him "a-moldering" one year. But he was not a tanner. He learned that trade when a boy, but be bolted the guild, and took up vrith sheep and a-tramping. There may be some good, honest, tmithful people in the back-woods of Vermont or Maine, who moan out this 418 TRUE VINDICATION OF THE SOUTH hymnal falsehood. They, poor souls, think this perpetual "a-moldering" is proof of Brown's immortality, whereas the truth is that John Brown's body, like great Csesar 's long since turned to clay, may be feeding a flourishing apple tree, and his dust in the form of fruit may be shipped down South in the third or fourth class apples tbat come this way, and thus, old John, the negro thief, may at last, by mastication, be asso ciating for the only time in his life with gentlemen and ladies — ^very much to his astonishment, discomfort and disgust, for it is reasonable to suppose that his social tastes were similar to Thomas Wentworth Higginson's, who, a few years before his death, said tbat when be was a young man he always kept the best company, which he said was abolitionists and negroes. It may not be known by everybody that be was one of New England's great scholars and philosophers, who took great pride in stating tbat a great part of his activity in his early life was spent as a negro thief. In view of this almost certain transmigration from dust to fourth-class apples, the worshipers of the Prince of negro thieves — not excepting Theodore Parker, Garrison or Henry Ward Beecher — should amend the second line by striking out "soul" and inserting "dust," or better still— "dirt," Both truth and science demand this correction. At any rate, it seems that the South shall never be rid of New England's sec ond Ghrist. We met the assassin in Kansas; saw him next at Harper's Ferry; then we saw him hanged; we saw him buried; we have heard bim preached; we bave heard him sung; we have seen him perched on a monument; we have seen him "a-moldering," and now we are to chew and swallow him in homeopathic doses. There is a numerous class of Southerners who have no doubt tbat John Brown was an incurable lunatic. He was born under the curse of the Furies, He had to wear the bane of as calami tous a heredity as ever fell to the lot of any man in a civUized age. He was not only a Puritan, but that blood had been dis- tiUed and concentrated in him for five generations, without a break, before the landing at Plymouth Rock, Considering his inheritance of Puritan religious fanaticism and of mental and moral obliquity, his chance for sanity was comparable to that TRUE VINDICATION OF THE SOUTH 419 of one 's chance for health and longevity who is born the victim of leprosy, cancer and the white plague. One evidence of his mental limitation was the pride he felt in his Puritan stock. When a man boasts of a personal misfortune, or a hereditary calamity, he is either insane — ^pro tanto, at least ; or he is trying to lay the foundation for bis defense by plea of lunacy for a crime he intends to commit. The latter was not true of Brown, for on his trial for the murder of a dozen or more Virginians he rebuked his counsel for attempting to plead insanity. His career indicates that he imagined he bad a call from the Invis ible World to do, by desperate daring, some terrible deed, so he would live in history as a hero and martyr. When the train for Baltimore passed Harper's Ferry early in tbe morning tbat Brown occupied tbat place, be told the passengers that he had come by divine direction to free the negroes in Virginia. He had no doubt read of Erostratus, who, to gain immortal fame, burned the temple of Diana. He saw that acquittal on the plea of lunacy would leave to bim but a brief mention in history and pitying remembrance as a madman, a fool or an idiot who, witb twenty-one men (six being negroes) atempted to conquer the State of Virginia. He won his fading laurels as a hero in a small region wbere heroes bave never been plentiful except as conquerors among gamblers on the Exchange; and as a murderer he won the crown of martyrdom and exaltation to equality vrith Christ, on tbe gallows which, in the same region, had made "blessed martyrs" of so many Quakers, women and children. Every recorded act, from tbe age of twelve years to his invasion of Virginia, strongly supports the judgment of insanity. At twelve he expressed his horror and disgust for all that pertained to war, only because he saw some soldiers drilling in Ohio during the war with Great Britain in the year 1812. ' I have said he was born under the curses of the Furies. He was as restless as a caged tiger in a circus. He had over twenty homes, or squatting spots. The, range of his itinerary was wide, and, like himself, veiy erratic. It extended from Con necticut, Ohio, Pennsylvania, Ohio again. New York, Canada, where be estabUshed his Constitution and United States gov emment; then London, England; then New York, then four 420 TRUE VINDICATION OF THE SOUTH different spots in Kansas, New York again ; then in Virginia to raise sheep. Here is the curse of the Fury Alecto — ^"restless ness — wanderlust," The two other curses — "Envy" and "Thirst for blood" — ^he put on exhibition from his majority, all through the Kansas war (so-caUed) down to his attack that -Sunday night on the sleeping citizens of Virginia, When not engaged in assassination he gave the world proof of his decency, honesty and heroism by stealing negroes. It was impossible for a sane man to plan the seizure of a mountain in Virginia and to hold it as a permanent camp for runaway negroes. It was impossible for a sane man to call a convention of a few negroes and fewer whites in Canada, to adopt a Constitution and organize a government to rale the people of the United States. It was impossible for any one except a lunatic, abolitionist or Republican, in such a conven tion, to elect a negro President of the United States. It was impossible for any one but an idiot or a maniac to believe he could conquer the white race of Virginia with sixteen white men and six negroes. It was impossible for ai sane man who loved his family to take three of his sons, who had families, to train them in the crimes of stealing and murder, and then lead them into a trap from which any sane man knew tbe only way out would be by a hangman's rope. Who can doubt now — fifty years after Brown's death — that he was a fanatic of the truest Puritan brand, a lunatic, a mono maniac on negro slavery? It seems to be beyond the field of rationalism for any other view to be considered. If this judg ment be sound, then it was the duty of the presiding Judge on Brown's trial to receive the plea of insanity, and of the jury to find him a lunatic, and, therefore incapable, in legal contem plation, of committing murder. Tbe Lunatic Asylum was his proper destination. He had won that goal by a laborious life of crime. Tbe hanging was a judicial error, and, considering the time, its temper, and the general insanity on negro slavery that prevailed from Nova Scotia to the Pacific ocean, the hanging was also a political blunder. John Brown, the lunatic, immured in an asylum, would bave been forgotten within a month; John Brown as a martyr to negro freedom was an inspiration to all the Abblitionists and fanatics at the North TRUE VINDICATION OF THE SOUTH 421 and to the federal army during the war. The song, "John Brown's body Ues a-moldering in the grave" and "his soul goes marching on," was the best substitute for courage the Northern armies could devise. I have given in a feeble way the extent and the intensity of the admiration of the worshipers of John Brown at the North. I wiU not attempt to give the language that expressed the Southern view of John Brovm ; suffice it to say their curses cover him, as with a garment of many colors, from darkest sable to that of the sun; from Dante's deepest shades of the Inferno to the smoke, lava and flames of Vesuvius. The form, stature, body of these expressions were made up, in part, of "fanatic," "Puritan," "villain," "Negro-thief," "robber," "murderer of men and chUdren," "assassin," and these, used as the spiritual limbs of John Brown, were clothed, garnished and embellished by verbal costumes thick and warm enough for a residence at tbe Arctic pole. And the pity of it is that every charge is true and all, except two ("Puritan" and "fan atic"), were won by his own devilish diligence. "Puritan" and "fanatic" he was not responsible for, as he was born a Puritan and was by birth a fanatic, as his ancestors had been from the fifteenth century. That John Brown was a negro-thief for the last thirty years of bis life, no one denies. To steal a slave from bis master and rim him into Canada was not branded stealing. It was philan thropy, humanity, serving God. To creep at night upon white Southem men and boys and butcher them in their beds was not murder, it was philanthropy and humanity to the negro and done in the service of the Lord. To invade a "sovereign State between midnight and dawn and shoot to death white men and boys at Harper's Ferry was not murder, assassination and treason. That act — that conduct — was the sublimest hero ism; a sacrificial offering of himself and his sons to advance the cause of universal freedom. To head a posse in Kansas ; to pass into Missouri at night ; overtake a master who was moving his slaves to Texas; to kill the master, seize bis slaves, rush them into Kansas and thence to Canada, vvas not stealing and murder. Stealing? Murder? What? A devout, refined, wealthy, cultured, supremely educated, superlatively civilized 422 TRUE VINDICATION OF THE SOUTH people — Christian to any degree of differentiation in creed or denomination that any sinner might call for at the bargain counter — ^to be guilty of the low, mean, hang-dog, plebeian crime of stealing? Sir, it is impossible! It is infamous even to think of it, Sir ! Well, we vrill discuss the ethics of stealing negroes and of murder at another time and in a different manner. The North and the South ! What a contrast — not geograph ical — but ethnic, social, moral and religious! They meet, but do not mingle. They reside under the same roof, but, like man and wife estranged, each occupies a separate room. Like man and wife who have quarreled and parted, they speak on busi ness, but nothing more. There is no subject from dolls to religion on which they agree. On economics they are foes, as much so as the highwaymen, Dick Turpin and Jack Sheppard, and the travelers they robbed on Hounslow Heath. Communi cation occurs only when one, peering over the partition, sees a big nugget — as a railroad, water-power, coal mine, iron mine, street franchise, and bribes the owner's servant to steal it; or when overloaded with protected wares he is bunting a market. While one is striving to keep pure tbe blood of the white race, the other has been striving for fifty years to force a mixture of white and negro blood. Such a condition never existed before in the history of the world. Here, indeed, is a wonder so great that it has the capacity of Aaron's rod ; it swallows all tbe seven and all other wonders. This New England Christ seems to have no appetite for Heaven. Tf he had, he could and would bave been there the instant be was deified by the hangman's rope. His habits unfit him for celestial rest and society. There are no "Missouri ruffians" in heaven for this brutal New England Jesus Christ to murder or assassinate ; no negroes he can steal ; no wool to gather, neither on sheep nor negroes ; no United States Consti tution and negro President to install ; no room for tramps. This monotonous tramp for fifty years is cruelty to animals. It is bratal to keep tbat old reprobate constantly on the go, day and night, Summer and Winter, without "food, water or candle light." There was sense and great military genius in keeping this holy buccaneer on the tramp for the four years of the TRUE VINDICATION OF THE SOUTH Abolition War, It was to terrify and put to flight the "poor white trash" that were driven into the Confederate Army by the Southern aristocracy— the slaveholders. When the Cid— Spain's greatest cavaUer— died, his body was mounted on his war-steed and marched at the head of the army. The dead Cid was more terrible to the enemy than the invincible living Cid, Think of the horrifying effect on the "ignorant, poor white trash" of the woods, of "John Brown's body lies a-moldering in the grave. But his soul goes marching on," when bawled, screeched, screamed, bowled, roared by an army of three million negroes and whites, brothers in arms, and in sixty odd different languages and nearly all nationalities except the Simian and Gorilla, among which were Russian, Greek, Ger man, JJorwegian, Swedish, Lapland, Hungarian, Polish, Turk ish, Syrian, Spanish, French, Austrian, Egyptian, Chinese, Goth, Hessian, Belgian, Dutch, Swiss, African, Italian, SiciUan, Cor sican, Portuguese, Barbarian, Yiddish, Milesian, some Celt, EngUsh, a little Scotch and less American. With these tongues, guttural, sputtepal, hissing, sizzing, roaring, the thunderous Babel was enough to scare a thousand DevUs, Tbe wonder is that the "poor white trash" of the South, who always easily won every battle when the odds against them was not more than two to one, did not use their heels for flight instead of their guns to flght. Think of this courage when even a repri mand in guttural Russian alone would paralyze a Parlez-Vous, or a macaroni millionaire, who swears as well as prays in his soft liquid, bastard Latin. We have seen tbe man John Brown. We have proof given by strangers, friends, relatives, acquaintances, one relative under oath, and biographers, of his insanity. We have beard him talk. We bave watched bim on the tramp. We know enough of his record, his actions, for forty-flve years to judge and to decide whether he was sane or insane. During bis life he was pronounced insane by thousands, and sane by thousands. One of his kin made affidavit that Brown was a lunatic. James Redpath, his first biographer, tried to persuade himself of Brown's sanity, but he stated facts on which Brown's contem poraries adjudged him insane. A few of his acts and sayings I 424 TRUE VINDICATION OF THE SOUTH bave given. If we shall judge Brown by the rules applies to other individuals to test their sanity, there can not be a doubt that John Brown was by nature erratic from birth to his fortieth year, and from that last date he was, on the subject of negro slavery, an incurable monomaniac. He was so ignorant as to believe that the South was responsible for this slavery, and was so superstitious as to be convinced that God had called him to be His special agent to wipe out the great sin of slavery, and to slay the masters and owners if necessary. One of the infal lible proofs of bis lunacy is that without feeling the sUghtest animosity to any Southern man or woman, he felt it to be his duty under God's direction to free the negroes at once, even if i he had to slay all Southern whites. Of the last statement Brovm has supplied abundant proof by kiUing slave owners in Missouri whom he bad never seen nor heard of, in order to take the slaves and send them to Canada; and, second, by his invasion of Virginia and killing any one who opposed his attempt to incite insurrection; and, third, by his repeated declaration during twenty years that he would kill any one who opposed him in freeing the slaves. I have now reached the last stage I had in view when I began these chapters on John Brown. My purpose was to con sider the status of New England as emblazoned by herseK in her relation to John Bro-wn and the South. She has declared to the world and to all posterity that John Brown was not insane, was not a lunatic, was not a monomaniac, or she has advertised herself as the patron of a thief, murderer and assas sin, by erecting a monument in honor of John Brown, New England is in this dilemma. If she deny that she intended to commemorate the lunacy of Brown and that she believed and believes he was not insane, then the North has honored with a monument this thousand-fold thief, murderer, assassin, and traitor, a man she knew to be a thief, a man who confessed that when a boy he stole from a young girl who was his mother's guest, a man who openly avowed that he cared noth ing for law, the Constitution or the Acts of Congress, or human life when it stood in his way on his path as a negro-thief. When Wendell PhilUps, at that date New England's most ef-' fective orator, tumed traitor to his country and gave sedition- TRUE VINDICATION OF THE SOUTH 425 ary and mutinous declaration, only because the Constitution guaranteed protection to property, he set the mob aflame against all law, organic and statute. State and federal. The Constitution being condemned as criminal, the fugitive slave statute was of course the work of the Devil. .New England in dorsed Phillips's mutiny against law, and thereby approved the mob and its furious attacks on the laws. CHAPTER LIX. "THE GREAT CONSPIRACY:" A ROLLICK ING ROMANCE; BY JOHN A. LOGAN. I will devote a few remarks to one book that was ushered in, or out, much as a fighting bull of the highest Andalusian royal family enters the arena witb head and tail high in the air. "The Great Conspiracy; Its Origin and History," is the title. After recovering from the shock it gives, the mind sees CatUine masqued and crouched, ready to spring upon the Senate; or Guy Fawkes concealed under the floor of Parliament with pow der and fuse. The book is a rollicking romance, compiled by a modern Munchausen and fathered by General John A. Logan — ^his mausoleum, on whose portal is inscribed, out of the fuU- ness of bis ignorance, the portentous title that roars so loud and thunders in the index. It has one merit. It has one of the charms of Madame de Montespan, or of the Dtichess ValUere, — its attire is gorgeous ; Russia caK; top, bottom and front gilded; so richly adorned that one who knew tbe author well, and has often heard him speak, derives great pleasure from perusing the outside of his book. As beauty in women of some tribes in Africa is estimated by their obesity, this volume, there, would be a bewitching belle, as it is 810 folios fat. This charm is pro hibitory to an investigator looking for reasons, because their number is in inverse ratio to the folios. The author, -with good judgment, has enlisted other writers and speakers, and gives, fairly, tbe names, occasions and language, Tn this respect the contents are of some interest, but of Uttle value. It was weU to compose by proxy. ^he writer knew General Logan well, has heard him speak in the United States Senate many times, and be knows tbat the General was neither orator, writer, nor scholar. He uttered very many sentences that needed immediate repairs. He was very dark— swarthy — ^vrith hair straight, and black as a crow, and was reputed to be a quarter — or even haK — ^Indian. EQs TRUE VINDICATION OF THE SOUTH 427 acquaintances called him "Blael? Jack." (There grows in the South a scrub oak called black jack, and Black Jack Logan, compared to a first-class Southern statesman, would be like a Southem black jack. standing by a Sequoia of California,) He went to the House from a District in Illinois called "Egypt;" land afterwards to the Senate, with the most unsavory distinc tion of first trying to raise a regiment in "Egypt" to fight for the South, and then being induced by promise of a commission to change front and join the federal army, I tell the tale that fiUed the air ia Washington. If true, he should have been content vrith the immortal renown of commanding a corps under the President emeritus of the Ananias Club in his march through Georgia, so perilous to cattle, hogs and chickens. In justice to his memory I must state that in 1881 he made a state ment in the Senate denying the charge. I have said he was not an orator. It may be I am not com- petent^to judge. I base my statement, I might say risk my reputation as a critic, in part — a very small part — on what may have been eloquence in Egypt, lUinois, but which to my judg ment and' sensibility was not convincing. He never spoke vrithout amputating sentences with a "hawk and a spit." The venerable and watchful Sergeant-at-Arms, Capt. Bassett, was always alert and watchful and ready with a Mercury-footed page to bear a capacious cuspidor. It is still an open question, whether that hyphenated oratory was to emphasize the logic, or to keep senators awake. But what boots it what a Southem Rebel, a Conspirator, a Traitor, thinks or believes, or does not believe of any of the heroic patriots and conquerors? Does not John A. Logan still live in stone and marble in the great White City of the plains? Does not William Lloyd Garrison from marble Ups still denounce, in Boston, the Constitution as "a covenant with Death and an agreement with Hell?" And to emphasize the high honor thus conferred on them, has not the same class of diseriminatmg worshipers erected a monument to a group of negroes, claimed by them as equals, on one of the cowpaths of Boston? Verily, verily, let not those despair who, cribbed and confined in Northern lunatic asylums, dream they "dwell in marble halls," or that they are soaring heavenward in Elijah's chariot of fire; for outside are as arrant fools and lunatics as they. 428 TRUE VINIDICATION OF THE SOUTH We will now pass through the gilded portals of this patriot's mausoleum, adorned outside with twelve Crescents, signKying the Puritans' religious creed — "The Koran, or the Sword" — and hear what a Northern statesman and Savior of the Repub Uc has to say. Before "getting down to brass tacks" (see specimens of American oratory. North, under head of "Wm. H. Taft") in order to put the reader's mind "in a state of recep tivity," I will state that this Northem General, wearing the rather feeble praise of being one of the ablest commanders in the Northern Army, devotes an entire chapter of 65 pages to the description of the battle of BuU Run, and concludes his narrative with the consoling sigh — "In point of fact, the battle of Bull Run — ^the first pitched battle of the war — ^was a drawn battle!!" He then explains, in the present tense, 24 years after the "drawn battle," as follows: "It is not fear that has got the* better of the Union troops. It is physical exhaustion, for one thing ; it is thirst for another. Men must drink — even K they have thrown away their canteens — ^and many have 'retired' to get water. It is not fear, though some of them are panic- stricken; and as they catch sight of Stuart's mounted men — no black horse or uniform among them — ^they raise the cry of 'The Black Horse Cavalry!— The Black Horse Cavalry!' " The man who can read this account of that "drawn battle" without having his sides to a'che, is fit for nothing on earth but to be a professional mourner at funerals on half pay. "It is not fear ! " " They are thirsty ! " " You know, men must drink, even if they bave thrown away their canteens." "It is not fear!" They are only "panic-stricken," and as they cannot tell a white horse from a black horse, they just "retired to get water." Yes, Byron had an opinion somewhat on that line: "Man, being reasonable, must get drunk — ^ The best of life is but intoxication," Certainly, General ! You have got that battle down right. When a man, yes — any man — ^in a battle, is very thirsty, and also exhausted, and, besides, panic-stricken, but not at all afraid, and can't teU a black horse from a white horse, he has the right to "retire to get water" even if he has to "draw" the battle along with bim ! What is the glory of victory to a TRUE VINDICATION OF THE SOUTH 429 „,¦ f . man panic-stricken, and so thirsty he can't see straight? That word "retire," under the circumstances, is a flash of genius. But it is like the one speech of "Single-Speech" HamiltPn — it was Logan's flrst and only flash. Still, it, like Hamilton's speech, is enough to give him fame. "He stands on a monu ment and glory covers him." The glory, however, is very scant — ^like the dress of a Russian danseuese — it is too low above and too high below to be of much use in a gale. In the preface to this compilation, after assuring us that "while striving to be accurate, fair and just, the author has not thought it his duty to mince words, nor to refrain from calling things by their right names," he says: "While trac ing the history of the Great Conspiracy from its obscure birth in the brooding brains of a few ambitious men of the earliest days of our Republic, through the subsequent years of its devo lution" — (devolution is good — excellent; still, let's not com plain — ^it might have been worse) — "down to the evil days of NuUification and to the bitter and bloody period of armed Rebellion, or contemplating it in its still more recent and, per haps, more sinister development of today." Merciful Heaven! are the panic and thirst of Bull Run to be felt forever? What? Another Conspiracy in "brooding brains today" (1885)? Is the Cannon-Payne-Aldrich-Taft tariff tbe first "devolution" of it? But he winds up, at the end of the preface to this compila tion, in a calm, Christian spirit. He magnanimously offers "forgiveness to aU Conspirators and Rebels and Traitors, who, with manly candor, soldierly courage and true patriotism, have confessed the enormity of their offence in aid of the armed Re belUon, and of the heresies and plottings in mad efforts tb destroy the best government yet devised by man on this planet." My opinion is that this benediction with absolution attached has come too late, as the conspirators, rebels and traitors, K there were any of that class, are all dead; K not, they ought to be. StiU the smaUest of favors should be thank fully received and in return (as he kindly says "If there be found tvithin these covers aught which may seem harsh to those directly or indirectly, nearly, or remotely, connected with that Conspiracy, he may not unfairly exclaim — ^'Thou canst not say 430 TRUE VINDICATION OF THE SOUTH I did it' "), I forgive him, and will remember him merrily, for putting into this, his gilded mausoleum, as history, the infor mation that the battle of Bull Run was a drawn battle. As he promised to be accurate and fair, I -wish he had left a Uttle memorandum explaining who or what is the "antecedent" of the pronoun "he" in the last quotation I gave, and who is to exclaim — "Thou canst not say I did it," and to say it "not unfairly." I give the foregoing as a sample of the contents of this com pilation by one of the North's greatest Generals and statesmen. This rating is not mine. His judgment of what a battle is, when it is "drawn" and why the Union troops retired to get ¦water just at the moment when victory was assured, is not satisfactory. His report of Bull Run is too ghort. It stops before the "drawn battle" ended. It would be gratifying to know whether those thirsty patriots got water, if, so, whether from Bull Run, or in Washington ; and also whether Bull Run was named after the battle, in honor of the Union army. Nor does he say whether the Union troops bivouacked that night on the banks of Bull Run or "retired" to Washington to re ceive an ovation and the congratulations of their Commander- in-Chief — ^Lincoln. Of the author as a scholar, -writer, historian, and even as General might be inscribed on one portal of the mausoleum aforenamed — "Ex nihilo nihU fit," because of his opinion about the first battle of Manassas. Taking this opinion as a standard or sample, we are justified in applying to the entire romance another Latin maxim — "ex uno disce omnes" — ^from one sam ple we know the entire contents. Still, the book is a most effective compilation for any one who might be bis vindictive enemy. On "Causes pf Secession," he assigns as the chief cause conspiracy, by Southern statesmen that began at the first ses sion of the Congress under the Constitution. He dates it from the entrance into the Senate of Pierce Butler of South Carolina, who objected to an Impost Bill. He quotes from tbe diary of Senator Maclay of Pennsylvania, who calls Butler "a flaming meteor" and says "he scattered his remarks over the bill and threatened a dissolution of the Union." This Maclay is the TRUE VINDICATION OF THE SOUTH 431 astute observer, whose opinion of the New Englanders is quoted in an early chapter, which, liberally translated, reads : "They will rule or ruin." He has then to skip 44 years to find the next link in his chain of evidence to prove the South's conspiracy. This link is the private letter of Andrew Jackson to Rev. A. J. Crawford, in 1833, abusing Calhoun whom he hated as only Jackson could hate. He n~ext quotes from a private letter to an "Alabamian" (name not given) from Henry Clay, in 1844 (eleven years later), saying; "From developments now being made in South Carolina, it is perfectly manifest that a party exists in that State seeking a dissolution of the Union." This was a very languid "conspiracy," now 55 years of age. Carolinians are noted for quick action. He next quotes from a private letter by Nathan Appleton of Boston, written December 15th, 1860, (to whom is not stated) that he "had made up his mind frPm what occurred when be was in Congress in 1832-3, that Cal houn, Hayne and McDuffie desired a separate confederacy as more favorable to the security of slave property." This great discoverer of a terrible mare's nest — "The Great Conspiracy" — ^is a careless historian and very nearsighted. Had he been diUgent he would have found at least a dozen declarations by New England and her sons favoring disunion and secession during tbe period of his "Great Conspiracy" by South CaroUna. But as we have been told a million times that Southern people are sluggards, lazy, indolent and white trash, whereas their enemies up North are quick on the trigger in everything, this accounts for New England's rapid movements to secede or tp break up the Union. Her sprinting in this race of Conspirators has been accorded to her m a preceding chap ter. The reader is requested to sit as a judge hearing a charge of treason, as set forth in these 800 pages about "Tbe Great Conspiracy," and to bear in mind that the prosecutor searched aU records, even including private letters, to sustain his charge. We need no other proof of this diligence than the size of his book, and our kno-wledge that any one under charge of being a renegade vrill leave no nook or comer unexplored to reinstate himself with his alUes. What is the evidence so far adduced? 432 TRUE VINDICATION OF THE SOUTH First, that one South Carolinian, Pierce Butler, in opposing New England's tariff in the first Congress, threatened dissolu tion of the Union. A "Great Conspiracy" by one hot-headed man ! And the evidence proves that if he did not cool off, he was conspiring alone for forty-four years! Any school-boy knows that "a flaming meteor" could not bum that long. Then follow three private letters, the first, (Jackson's) in 1833; the second, (Clay's) in 1844, and the third, (Appleton's) in 1860 — aU, relating to the supposed disunion sentiment in one State (South Carolina) and to one subject — ^Nulliflcation. What were the other Southerii States doing, thinking and saying during those 44 years? On this all-important link to show conspiracy in and of the South, this prosecutor is dumb. But history is not silent. They did not agree with South Carolina on Nulliflcation ! And it is pertinent just here to state that so fair from conspiring from 1789 to any other date, when the Compromise of 1850 was made in Congress the issue of Union or Disunion was raised North and South, and in the elections in 1851 every Southem State declared in lavor of the Union. This fact alone is a complete answer to "The Great Conspiracy." But we proceed with this prosecutor's evidence. The next is a speech by Francis Thomas, ex-Governor of Maryland, in October, 1861: "In substance, he said that twenty years ago, he, as a Representative, noticed one moming when he entered the House, that no Southem members were present. Hearing they were in caucus, he went to the caucus room and he found Governor Pickens of South Carolina-r-that little cock-sparrow — strutting about like a rooster around a barnyard coop, dis cussing the foUowing Resolution: 'Resolved, that no member of Congress representing a Southem constituency shall again take his seat until a Resolution is passed satisfactory to the .South on the subject of slavery.' He replied to Pickens and moved an adjournment sine die. Mr. Craig of Virginia sec onded the motion and the company was broken up. We re turned to the' House and Mr. TngersoU of Pennsylvania, a glo rious patriot, introduced a resolution which temporarily calmed the excitement. The caucus was held because Slade' of Vermont had made an anti-slavery speech." Here is proof of "The Great Conspiracy." TRUE VINDICATION OF THE SOUTH 433 In reply to Thomas, the National IntelUgencer, at Washing ton, November 4th, (6 days after his speech) said: "We are able to state that at least three others besides himself (Thomas) went to the caucus with a purpose very different from any intention to consent to any treasonable measure. These were Henry A. Wise, Baillie Peyton and Wm. Cost Johnson. Had disunion, or revolt, or secession been proposed, he would have witnessed a scene not soon to be forgotten." This brings the proof of "The Great Conspiracy" down to 1860, when his next e-vidence is the debate between Alexander H. Stephens and Robert Toombs of Georgia on Secession. He foUows this with a speech by Wigfall of Texas in Congress in 1861, a speech by Andrew Johnson in Congress and one by McDougal of CalKomia in the Senate in 1862, in which they play the role of prophets "after the fact" of Secession. This is enough of "The Great Conspiracy!" But it must be stated that in this chapter— " Causes of Se cession" — ^the not very learned traducer nor very able lawyer gives some very valuable testimony in favor of Secession — the legal import of which he did not comprehend. The moving cause of Secession was the utter abandon of the Northern people on the right to and security of property. This condition in the North this nearsighted prosecutor gives by setting out the solemn legislation of many States to nullify the Constitu tion. The enormity of this dishonor and breach of the bond of Union between the States, our author by proxy treats with levity, not to say gayety. He says and says it gravely and vrith an air of supreme authority over the whole question: "This may be as good a place as any other to say a few words touch ing another alleged 'cause' of Secession. During the exciting period just prior to the breaking out of the great War of RebeUion" (one of his favorite vilifications) "the Slave-holding and Secession-nursing States of the South (another of his sweet morsels) "made a terrible hubbub over the Personal Liberty Bills of the Northem States" • • • "They constituted, as we now know, only a part of the mere pretext!" Then, to be perfectly fair, he says: "That the reader may quickly grasp not only the general nature but also the most important detaUs of these laws in force in 1860 in many of the 434 TRUE VINDICATION OF THE SOUTH Pree States, so frequently alluded to in the Debates in Con gress, in speeches on the stump and in the fulminations of Seceding States, and their authorized agents, commissioners and representatives, it may be well now briefly to refer to them and to state that no such laws existed in California, Illi nois, Indiana, Iowa, Minnesota, New York, Ohio and Oregon." The writer feels as if he belittles this great question in following the vagaries of the putative author of this book. An apology is due to the reader. It is like criticising boys on corn stalks riding around the circus-ring after the circus is gone. What ground, he says, had the South to "fulminate" when the eight States he names had no law nullifying the Constitu tion? Tf eighteen Northem States had that law — ^what of it? Note the important ( ?) fact that California and Oregon, two thousand miles away from the western border of slavery, had no such law. Then why complain? He names New York in the eight redeeming States, whereali New York passed the nuUKying Act in 1840, Ohio had no such statute, he says. But she had mobs with such fury that over one fugitive slave the resistance to the Act of Congress was so alarming as to be called in history "The Ohio RebelUon." Such crass ignorance is inexcusable, but when barbed witb malice and reeking vrith venom it is damnable. This pundit then gives the substance of the laws of the States that had defied the Constitution. As they have been given in a preceding chapter, but one statute of these rebellious States will be quoted here as Logan states it. Take Vermont. "Vermont provided that no process under the fugitive slave law should be recognized by any of her courts, officers or citi zens; nor any aid given in arresting or removing any person claimed as a fugitive slave; it provided counsel for alleged fugitives; for the issue of habeas corpus and trial by jury of issues of fact between the parties; ordained freedom to all within the State who may have been held as slaves before com ing to it, and prescribed heavy penalties for any attempt to retum any such to slavery, A bUl to repeal these laws, pro posed November, 1860, in the Vermont House of Representa tives, was beaten by two to one." TRUE VINDICATION OF THE SOUTH 436 This statute was doubly revolutionary. It not only nulli fied the Act of Congress, but it destroyed title to property guaranteed by the Constitution. It freed every slave as soon as he set foot on the soil of that State, With these infamous laws before his eyes Logan saw nothing in them to justify even a complaint by tbe South, For the present it is sufficient to say that Daniel Webster, in 1851, declared they had broken the bond (the Constitution), and tbe South was no longer bound by it. So much valuable space would not have been given to Logan's vox et praeterea nihU — "The Great Conspiracy" — were he not held in such a high niche of Northern idolatry as to be saved from oblivion by a statue in Chicago. It is hard to believe tbat he submitted the" contents of this book to the judgment of any judicious men who were bis friends, for it is packed with falsehoods, and even with aspersions upon the character of some Northern men, one of whom — Stephen A. Douglas — as he tells us, after Secession was furious for war. He says that Douglas, during the notorious debate between him and Lincoln, in one speech — ^made not in joint debate — "declined to comment upon Lincoln's intimation of a conspiracy between Douglas, Pierce, Buchanan and Taney (Chief Justice of the Supreme Court of tbe United States) for the passage of the Nebraska BiU, tbe rendition of the Dred Scott decision and the extension of slavery, but proceeded to dUate on the 'uniformity' issue between himseK and Lincoln, tersely sum ming up witb tbe statement tbat 'there is a distinct issue of principle — ^principles irreconcilable — ^between Mr. Lincoln and myself; He goes for consoUdation and uniformity in our Gov ernment, I go for the confederation of the Sovereign States under the Constitution, as our fathers made it, leaving each State to manage its o-wn affairs and own internal institutions,' He then ridiculed Lincoln's proposed methods of securing a reversal of the decision in the Dred Scott case ; Lincoln having contended for an appeal to the people to elect a President who wiU appoint judges who wUl reverse the Dred Scott decision, which Douglas characterized as a proposition to make that court a corrupt, unscrupulous tool of the political party, and asked : 'When we refuse to abide by judicial decisions, what 436 TRUE VINDICATION OF THE SOUTH protection is there left for IKe and property? To vvhom shall we appeal ? To niob law, to partisan caucuses, to town meetings, to revolution ? Where is tbe remedy when you refuse obedience to the constituted authority?' " In that quotation from Douglas, this Lilliputian, Logan, gives a complete answer to all be has written in his dropsical book, 810 pages, endeavoring to fasten on the South tbe respon sibility of the war, and whose main argument consists in hurling at tbe Southern States expressions, the meaning of which he did not know— "Rebel!"— "RebelUon!"— "Trea son ! "— " Traitors ! "— " Conspirators ! ' ' He quotes again from Mr, Douglas where he, Douglas, makes the charge directly against Lincoln to his face, to-vrit: "Mr, Lincoln goes for a warfare upon the Supreme Court of the United States because of their judicial decisions in the Dred Scott case, I yield obedience to the decisions of that court — to the final determination of the highest tribunal known to our Constitution, He objects to the Dred Scott decision because it does .not -put the negro in tbe possession of the rights of citizenship on an equality with tbe white man. I am opposed to negro equality. I would extend to the negro and the Indian, and to all the dependent races, every right, and every privilege, and every immimity consistent vrith the safety and weKare of the White races; but equality they should never bave, either political or social, or in any other respect whatever. My friends, you see tbat the issues are distinctly drawn between Mr, Lincoln and myself," I will refrain from quoting further from this compilation evidently made and written by another, and dismiss it"with the remark that if Hell is as full of liars as this vast volume is full of lies, no other sinners need apply, for there is not even, standing room, A General commanding a corps in tbe Federal Army and supposed to know what is victory and defeat in a battle, and also suspected of being able to tell the truth, and yet who would call tbe battle of Bull Run, the first pitched battle of the war, a drawn battle — ^well, I suppose, that, as monuments go in the North to John Brown; Garrison, and negroes in Boston, Logan was equally worthy of his monument in Chicago. APPENDIX L LINCOLN'S LETTER TO MRS. BROWNING. "Springfield, April 1, 1838. "Dear Madam: — "Without apologizing for being egotistical, I shall make the history of so much of my life as has elapsed since I saw you, the subject of this letter. And, by the way, I now discover that, in order to give a full and intelligible account of the things I have done and suffered since I saw you, I shall necessarily have to relate some tbat happened before. "It was, then, in the autumn of 1836 that a married lady of my acquaintance and who was a great friend of inine, being about to pay a visit to her father and other relatives residing in Kentucky, proposed to me that on her return she would bring a sister of hers vrith her on condition that I would engage to become her brother-in-law with all convenient dispatch. I, of course, accepted the proposal, for you know I could not have done otherwise, had I really been averse to it; but privately, between you and me, I was most confoundedly well pleased with the project. T had seen the said sister some three years before, thought her intelligent and agreeable, and saw no good objection to plodding Ufe through hand in hand with ber. Time passed on, the lady took her journey, and in due time returned, sister in company sure enough. This astonished me a Uttle; for it appeared to me that her coming so readily showed that she was a trifle too -willing; but, on reflection, it occurred to me that she might have been prevailed on by her married sister to come, without anything concerning me ever having been men tioned to her; and so I concluded that, if no other objection presented itseK, I would consent to waive this. All this occurred to me on hearing of her arrival in the neighborhood ; for, be it remembered, I had not yet seen her, except about three years previous, as above mentioned. Tn a few days we had an inter- 438 APPENDIX view; and, although I had seen her before, she did not look as my imagi:^ation had pictured her. I knew she was over-size, but she now appeared a fair match for Falstaff. I knew she was called an 'old maid,' and I felt no doubt of the truth of at least half of the appellation; but now, wben I beheld ber, I could not for my life avoid thinking of my mother; and this,, not from withered features, for her skin was too full and fat to permit of its contracting into wrinkles, but from her want of teeth, weather-beaten appearance in general, and from a kind of notion that ran in my head that nothing could bave commenced at the size of infancy and reached her present bulk in less than thirty-five or forty years; and, in short, I was not at all pleased with her. But what could I do ? I bad told , her sister T would take her for better or for worse; and I made a point of honor and conscience in all things to stick to my word, especially if others had been induced to act on it, which in this case I had no doubt they had; for T was now fairly convinced that no other man on earth would bave her, and hence tbe conclusion that they were bent on holding me to my bargain. 'Well,' thought I, 'I have said it, and, be the consequences what they may, it shall not be my fault K T fail to do it. ' At once I determined to consider her my wife ; and, this done, all my powers of discovery were put to work in search of perfections in her which might be fairly set off against ber defects. I tried to imagine her handsome, which, but for her unfortunate corpulency, was actually true. Exclusive of this, no woman that T bave ever seen has a finer face. I also tried to convince myseK that the mind was much more to be valued than the person; and in this she was not inferior, as I, could discover, to any with whom I had been acquainted. "Shortly after this, without coming to any positive under standing with her, T set out for Vandalia, when and where you first saw me. During my stay there I had letters from her which did not change my opinion of either ber intellect or inten tion, but on the contrary confirmed it in both. "All this while, although I was fixed, 'firm as the surge- repelling rock,' in my resolution, I found I was continually repenting the rashness which had led me to make it. Through life, I have been in no bondage, either real or imaginary, from APPENDIX 439 the thraldom of whieh I so much desired to be free. After my return home, I saw nothing to change my opinion of her in any particular. She -v^as the same, and so was I. I now spent my time in planning how I might get along through life after my contemplated change of circumstances should have taken place, and how I might procrastinate the evil day for a time, which I really dreaded as much, perhaps more, than an Irishman does the halter. "After all my suffering upon this deeply interesting subject, , here I am, wholly, unexpectedly, completely, out of the 'scrape;' and now I want to know if you can guess how I got out of it — out, clear in every sense of the term; no violation of word, honor, or conscience. I don't believe you can guess, and so I might as well tell you at once. As the lawyer says, it was done in the maimer following, to-wit: After I had delayed the matter as long as I thought T could in honor do (which, by the way, had brought me round into the last fall), I concluded I might as weU bring it to a consummation without further delay ; and so I mustered my resolution, and made the proposal to her direct; but, shocking to relate, she answered, No, At first I supposed she did it through an affectation of modesty, which I thought but ill became her under the peculiar circumstances of ber case; but on my renewal of the charge, I found she repelled it vrith greater firmness than before, I tried it again and again, but with the same success, or rather -with tbe same want of success, "I finaUy was forced to give it up-; at which I very unex pectedly found myseK mortified alinost beyond endurance. I was mortified, it seemed to me, in a hundred different ways. My vanity was deeply wounded by the refiection that I had been too stupid to discover her intentions, and at the same time never, doubting that I understood them perfectly; and also that she, whom I had taught myself to believe nobody else would have, bad actuaUy rejected me with all my fancied greatness. And, to cap the whole, I then for the first time began to suspect that I was really a little in love with her. But let it all go. I'U try and outUve it. Others have been made fools of by the girls; but this can never with truth be 440 APPENDIX said of me, I most emphatically, in this instance, made a fool of myseK, I bave now come to the conclusion never again to think of marrying, and for this reason : I can never be satisfied with any one who would be blockhead enough to have me. "When you receive this, write me a long yarn about some thing to amuse me. Give my respects to Mr. Browning. "Your sincere friend, "A. LINCOLN." "Mrs. 0. H. Brownmg." n. A BACKWOODS WEDDING COMEDY STAGED BY LINCOLN. (FROM HERNDON 'S "LIFE OF LINCOLN,") Lincoln had shrewdly persuaded some one who was on the inside at the infare to slip upstairs while the feasting was at its height and change the beds, which Mamma Grigsby had carefuUy arranged in advance. The transportation of beds produced a comedy of errors which gave Lincoln as much satis faction and joy as the Grigsby household embarrassment and chagrin. "Now there was a man," begins this memorable chapter of backwoods lore, "whose name was Reuben, and the same was very great in substance; in horses and cattle and swine, and a very great household. It came to pass when the sons of Reuben grew up that they were desirous of taking to themselves wives, and being too well known as to honor in their own country they took a journey into a far coimtry and there pro cured for themselves wives. It came to pass also that wben they were about to make tbe return home they sent a messenger before them to bear the tidings to their parents. These, enquir ing of the messengers what time their sons and wives would come, made a great feast and called all their kinsmen and neighbors in and made great preparations. When the time drew nigh they sent out two men to meet the grooms and their brides with a trumpet to welcome them and to accompany them. When they came near unto the house of Reuben the father, the messenger came on before them and gave a shout, and the whole multitude ran out vrith shouts of joy and music, playing on all kinds of instruments. Some were playing on harps, some on viols, and some blo-wing on rams' horns. Some also were casting dust and ashes towards heaven, and chief among them all was Josiah, blowing his bugle and making sound so great tbe neighboring hills and valleys echoed with the resound- v ing acclamation. When they had played and their harps had sounded till the grooms and brides approached the gates, 442 APPENDIX Reuben the father met them and welcomed them to his house. The wedding feast being now ready they were aU invited to sit down to eat, placing the bridegrooms and their wives at each end of the table. Waiters were then appointed to serve and wait on the guests. When all had eaten and were full and merry they went out again and played and sung till night. and when they had made an end of feasting and rejoicing the multitude dispersed, each going to his o-wn home. The famUy then took seats vrith their waiters to converse while prepara tions were being made in an upper chamber for the brides and grooms to be conveyed to their beds. This being done the waiters took the two brides upstairs, placing one in a bed at the right hand of the stairs and the other on tbe left. The waiters came down, and Nancy, tbe mother, then gave direc tions to the waiters of the bridegrooms, and they took them upstairs but placed them in the wrong beds. The waiters then all came downstairs. But the mother, being fearful of a mis take, made enquiry of the waiters, and leaming the trae facts took the light and sprang upstairs. It came to pass she ran to one of the beds and exclaimed, '0 Lord, Reuben, you are in bed with the wrong wife,' The young men, both alarmed at this, sprang up out of bed and ran vrith such violence against each other they came near knocking each other down. The tumult gave evidence to those below that the mistake was cer tain. At last they all came down and had a long conversation about who made the mistake, but it could not be decided. So endeth the chapter," The reader will readily discern that the waiters had been carefully drilled by Lincoln in advance for the parts they were to perform in this rather unique piece of backwoods comedy. He also improved t'he rare opportunity which presented itseK of caricaturing "Blue Nose" Crawford, who had exacted of him such an extreme penalty for the damage done to his "Weems' Life of Washington." He is easily identified as "Josiah blowing his bugle," The latter was also the husband of my informant, Mrs, Elizabeth Crawford. m. SOME SEPARATE PARAGRAPHS ON THADDEUS STEVENS, LINCOLN, BEECHER, PARKER, AND JOHN BROWN. When Thad Stevens, branded a monster by Nature, coun seled and ruled by a negro prostitute, was driving Congress vrith tbe lash to wrest tbe ballot from tbe Southern Whites, and to give it to their slaves, the perjury committed by Con gressmen did not, for a moment, impair the right of the States to have exclusive control of the ballot. But the children of those perjured fathers are reaping the penalties of that sin. When Abraham Lincoln rode down the Constitution he had just sworn to support, by invading Virginia with fire and sword, to conquer and to kill, that invulnerable instrument rose above him and his organized mob, as bright and legible as when it first illumined the western world. The direct result of tbat violation of his oath was the butchery of a million of his countrymen and women, and John Wilkes Booth's mad attempt to avenge the South, When Henry Ward Beecher lost the way to Heaven, and wandered off, "treading the primrose path pf dalliance" -with Elizabeth, the plighted consort of his parishoner, Theodore Tilton, he may have thought he had repealed the Seventh Com mandment, But it is as omnipotent as when Moses received it on the Mount. It reached for the adulterer and brought him to judgment when Tilton sued him for wrecking his home. The jury, whose fellow feeling made them wondrous kind, made a mistrial, but tbe jury of the pubUc said "guilty," unfrocked him, christened him "son of BeUal," and left bim in his Taber nacle, a standing advertisement, every Sabbath, of tbe Com mandment — "Thou shalt not commit adultery," They found him a virile hypocrite, and left him an evangelizing eunuch. Wben Theodore Parker — the founder of one of tbe many religions that bave been hatched in that model incubator, Boston — ^made his home a den to hide negro thieves and stolen 444 APPENDIX negroes, the Eighth Commandment — "Thou shalt not steal" — blazed in his eyes, whenever he opened his Bible, with as fierce a fiame as enveloped and consumed Achan for sitting on the stolen treasures in his tent and swearing he was not the thief. Theft is theft, and the Puritan preacher was as much a thief as if he had stolen his neighbor's hog. When John Brown, the bloody butcher, a vulgar imitator of Caligula, Nero and Domitian, was drenching tbe soil of Kansas with the blood of Christian children. Mount Sinai was thundering at him — "Thou shalt not kiU!" If he had had ears to hear he would have heard — "He that lives by the sword shall die by the sword!" — "Whoso sheddeth man's blood, by man shall his blood be shed!" But Puritan cocksureness deafened him; Puritan vice-gerency of God to rule the earth, blinded him, until, at length, divine justice laid its hand upon him, and made him sole actor in the last scene of the horrible tragedy in which he had played, with great eclat, the leading role, on the Northern stage, for thirty years. Laymen had shouted applause. Preachers had cheered him on. One, who ministered and performed Levitical sacrifices in the Tabernacle in Brooklyn, wherein the Ark of the Covenant had never rested, where the glory of tbe Shechina — ^witness to the presence of the Holy Spirit — ^had never shone — this high priest aided and abetted the assassin of children, by sending to this murderer a company armed with Sharpe's rifles bought by the preacher himseK. But the hour had come for the curtain to fall, and for the tragedy to end. His last performance was on a trapeze, leaping toward the ground with a rope around his neck, and stopping in mid-air. This conquest of the law of gravitation caused New England's greatest philosopher, Ralph Waldo Emerson, to proclaim tbat it made John Brown the equal of Jesus Christ. IV. DISUNION RESOLUTIONS AT WORCES TER, MASSACHUSETTS. (Referred to on page 218.) (FROM "FACTS AND SUGGESTIONS," BY DUFF GREEN.) At a meeting held in Worcester, Mass., just before the war (of 1861-65) the business committee submitted the following resolutions : "Resolved, That the meeting of a State disunion convention, attended by men of various parties and affinities, gives occasion for a new statement of principles and a new platform of action. "Resolved, Tbat tbe cardinal American principle is now, as always, liberty; while tbe prominent fact is now, as always, slavery, "Resolved, That the conflict between this principle of liberty and this fact of slavery, has bCen the whole history of the nation for fifty years ; while the only result of this conflict has thus far been to strengthen both parties and prepare the way for a yet more desperate struggle, "Resolved, That in this emergency we can expect little or nothing from the South itself, because it too is sinking deeper into barbarism every year ; "Nor from a Supreme Court which is always ready to invent new securities for slaveholders; "Nor from a President elected almost solely by Southem votes ; "Nor from a Senate which is permanently controlled by the slave power ; "Nor from a new House of Representatives which, in spite of our agitation, -will be more pro-slavery than the present one, though the present one has at length granted all which slavery asked ; "Nor from political action, as now conducted. For the Republican leaders and press freely admitted, in public and private, that the election of Fremont was, politically speaking. 446 APPENDIX 'the last hope of freedom,' and even could the North cast a united vote in 1860, the South was before it four years of annexation previous to tbat time, "Resolved, That the fundamental difference between mere political agitation and the action we, propose is this, that the one requires the acquiescence of the slave power, and the other only its opposition. "Resolved, That the necessity for disunion is written in the whole existing character and condition of the two sections of the country — in their social organization, education, habits, and laws — in the dangers of our white citizens in Kansas, and of our colored ones in Boston — ^in the wounds of Charles Sumner and the laurels of his assailant — and no govemment on earth was ever strong enough to hold together such opposing forces. "Resolved, That this movement does not seek merely dis union, but the more perfect union of the free States by the expulsion of the slave States from the confederation, in which they have ever been an element of discord, danger and disgrace. "Resolved, That it is not probable that the ultimate sev erance of the Union vrill be an act of deliberation or discussion, but that a long period of deliberation and discussion must precede it, and this we meet to begin. "Resolved, That henceforward, instead of regarding it as an objection to any system of policy, that it will lead to the separation of the States, we will proclaim that to be the highest of all recommendations, and the grateful proof of statesman ship ; and vrill support, poUtically, or otherwise, such men and measures as appear to tend most to this result, "Resolved, That by the repeated confession of Northem and SoutheW statesmen, 'the existence of the Union is the chief guarantee of slavery;' and that the despots of the whole world have everything to fear, and the slaves of the whole world everything to hope, from its destruction, and the rise of a free Northern Republic. "Resolved, That the sooner the separation takes place the more peaceful it will be ; but that peace or war is a secondary consideration, in view of our present perils. Slavery must be conquered, 'Peaceably if we can, forcibly K we must.' " V. REV. DR. FULLER ON LINCOLN. The sentence at the end of Chapter XXXIX (page 285) appears to have been left unfinished by the author, and examin ation of his manuscript did not find the words which he evi dently intended to quote in proof of his assertion; but Dr. FuUer, writmg to Salmon P. Chase about the Baitimore delega tion 's visit to Washmgton, said : "From Mr. Lincoln nothing is to be hoped, except as you can influence him. Five associations, representing thousands of our best young men, sent a delegation of thirty to Washmgton yesterday * * * and asked me to go with them as the chairman. We were at once cordially received. I marked the President closely. Constitutionally genial and jovial, he is wholly inaccessible to Christian appeals, and his egotism wUl forever prevent his comprehending what patriotism means." Tbe delegation's call on Mr. Lincoln was in April, 1861. Dr. Fuller was an eminent Baptist divine, — ^not Presbyterian as stated in the te^t. Mr. Chase was Secretary of the Treasury in Mr. Lincoln's cabinet. As a United States Senator from Ohio he had voted for the reception (February, 1850) of a petition from inhabitants of one of the Northern States asking Congress to devise at once some plan for the immediate disso lution of the Union. Mr. Seward, then Senator from New York, also voted for the reception of the petition. Daniel Webster, then Senator from Massachusetts, proposed that the petition have tbe following preamble : "Whereas, at tbe commencement of the session, you and each of you took your solemn oaths, in the presence of God and on the Holy Evangelists, that you would support the Con stitution of the United States; now, therefore, we pray you to take immediate steps to break up the Union, and overthrow the Constitution of the United States as soon as you can." — T. K. 0. VI. LEE AND THE CONFEDERATE SOLDIERS. From address of Senator Norwood before tbe Alumni of Emory CoUege, Oxford, Ga., July 20th, 1875 : But one age has ever produced as grand a character and great a captain of martial hosts as Robert E. Lee. Tbe age was a century ago — the man was Washington. The history of his deeds is enrolled on the imperishable tablet of the heart of man. The volume of bis life is the political New Testament to the enthralled of every clime and creed. The wealth of his fame is the richest legacy ever bequeathed to the race of Adam. His Majesty, with lineal hand, confers nobiUty on crowned heads. On bis brow, as be looks down on all mankind, save one, serenely rests in rival grace and honor, the warrior's chap- let and the civic crown. That one excepted is Robert E. Lee, in every attribute the equal of the Father of His Country. Washington and Lee ! twin children of the same Commonwealth ; twin offspring of the same civilization; twin rebel-patriots in the same holy cause ; the very Gemini in the constellation of all of earth's collected greatness. Washington was the first fruits and Lee the full harvest of Southern civilization, Washington was its rising and Lee its setting sun. The threads of their golden lives form the richest bordering — ^the beginning and the end — of the grandest fabric in all the varied woof and warp of time. Between their lives is bounded the only un clouded day of perfect freedom. The one came up at the rise of the Republic — the other went down at its fall. Both drew their guiltless swords in defense of tbe dearest rights of man; the one, to establish the God-given right of self-govern ment; the other, to maintain it. The one sheathed his sword not until the cause for which it was dra-wn was won, and joy smiled over the land; tbe other surrendered bis sword not until that cause was lost,^ and darkness covered tbe earth again. But it is not for me to pronounce the panegyric of Lee, much less to atempt to draw his likeness. This generation can not give his trae dimensions. We stand too near him, and he is APPENDIX 449 so rounded off that we lose sight of his grandeur in the symme try of his proportions, as one who first looks on St, Peter's is deceived in its size by tbe perfection of its architecture. The hour and the man have not come to unveil the colossal monu ment of his fame. The light of that day may never gladden our eyes. Standing at its base, as we now do, we can only see it swelling in majesty towards the heavens, for around its lofty summit are rolling still the angry but dissolving clouds of war. But his life in tbe completeness of its sweetness and its strength is before us. The rich-toned harp is strung, and its slumbering harmony woos the minstrel's master touch; but there is no living hand divine enough to sweep the diapason of its mighty tones, Tn tbe fullness of time, when the present generation shall sleep with their fathers, and their passions shall sleep with them; when detraction, weary in its hopeless task, shall slink away in shame ; wben the next generation as they move on, shall look back and contemplate bis grand dimen sions, some Pindar will be inspired to sing in fitting strain bis triumphal ode and his encomium ; some Homer to tell in verse of Attic purity and strength — ^yet not so pure and strong as he — ^the epic of bis life; some Milton to test and prove his worth in tbe crucible of truth with bis "celestial fire," Yes — "His bigh and mountain majesty of vvorth Should be, and shall, survivor of bis woe ; And from its immortality look forth Tn the sun's face, like yonder Alpine snow. Immeasurably pure beyond all things below. And yet, while bis military renown, which was tbe least of his achievements — for he had conquered himself and ruled his own spirit — ^will brighten with every succeeding age, let us remember that it was not achieved by him alone. It is indis solubly linked with the glory of as brave a band as ever drew the sword or fought beneath a plume. The fame of Leonidas rests upon the altar on which were richly offered up tbe lives of Sparta's three hundred bravest sons. The laurels of Marshal McDonald spring green and fresh on a league of Wagram's field, because it drank the blood of the immortal fifteen thousand who foUowed where he led. The darmg deeds of StonewaU \ 450 APPENDIX Jackson, his rapid movements which invested him, in the belief of the superstitious, with ubiquity, and his sudden descents on the foe, as he swept like a falcon to its prey, were only possible because high-born pride inspired his devoted band vrith a . heroism that wearied out the stars in their march by night, and caught new strength from the rising sun as they rushed upon the flame of battle. So is it with Lee, His followers were nurtured in the same civilization with himself. Under the gray, in the Confederate rank and flie, beat the great hearts of many a Curtius, Codes and Ney, If his glory is like the sun, theirs is like the stars. Wben the splendor of the sun is veiled by night, we behold above us a few bright stars moving in grandeur over the field of Heaven, whose names and pavilions and goings forth are krio-wn ; but in their midst is seen, in close column, an undistinguished host pressing steadily onward, nameless and unknown; no one brilliant, but all to gether shedding a halo around the skies. For ages ignorant man called them a congregation of vapors. But tbe astronomer, drawing nigh and scrutinizing their ranks in clear and passion less thought, has returned to earth with the revelation that they are an army of stars, differing from each other only as "one star differeth from another star in glory," And when the historian, in after times, shall turn his admiring gaze from the lustre of the greatest captain of his age, and from his brilliant subalterns whose names and deeds are known, to scrutinize that mighty host who, nameless and unknown to fame, barefoot and sore, marched under the banner of the Southern Cross, he will, from their blended glory, resolve their individ uality, and tell that they were' heroes as great as ever fought beneath the Cross to rescue from tbe Crescent the Holy Sepul chre,, and patriots as pure in their devotion to liberty as the Fathers of the RepubUc, The civiUzation which made Lee possible, made it impossible for them to be else than patriots and heroes. "They were swifter than eagles; they were stronger than lions," And while we ascribe all praise to the head that planned, equal honor is due to the hearts that dared and the hands that cleaved the way to immortality. ERRATA On page 17, read Jenkins for Penkins, On page 24-, omit first sentence. On page 25, read Dust-and- Ashes for Dust and Ashes. On page 29, read fantastical for fantistical. On page 63, read assembled for assesmbled. On page 71, read Litt. for Ltt. On page 73, read deified for defied. On page 76, read exegetists for exegitists. On page 84, omit the words, — ^in the year, before the letters A. D. , On page 86, read frailties for frailities. On page 99, read philanthropy for philanthrophy. On page 105, read perfidy for perfidity. On page 106, read divided for divide. On page 107, read ominous for omnious. On page 111, read I. 0. Us for L 0. U's. On page 163, read eclectic for electic. On page 165, read vice-gerents for vice-gerants. On page 177, read tide for time. On page 185, read "is presented in these pages," for con cluding words of last sentence. On page 208, read "Under other heads has been made," in place of 2d sentence in 2d paragraph. On page 233, read "in preceding pages," for "under State Rights:" On page 258, read forty-two (in 2d par.) for forty-seven. On page 267, read owe (in last Une) for owes. On page 287, read superstitions for superstitutions. On page 288, third sentence should begin. "As to whether." On page 296, the word "as" should be just before "the black cargo. " On page 298, read confidants for confidant. On page 304, read quiet for quite. On page 308, tenth line from bottom, omit tbe word "and," On page 321, after "Brutus" should be a comma instead of"!" On page 327, read Khan for Kahn. YALE UNIVERSITY a39002 002928670b.