previous next

[227] do its part only indifferently well. It might seem at first thought to be of little difference whether the present movement at the South be called secession or rebellion. The movers, however, well understand the difference. At the beginning they knew that they could never raise their treason to any respectable magnitude by any name which implies violation of law; they knew their people possessed as much of moral sense, as much of devotion to law and order, and as much pride in its reverence for the history and Government of their common country, as any other civilized and patriotic people. They knew they could make no advancement directly in the teeth of these strong and noble sentiments. Accordingly they commenced by an insidious debauching of the public mind; they invented an ingenious sophism, which, if conceded, was followed by perfectly logical steps through all the incidents of the complete destruction of the Union. The sophism itself is that any State of the Union may, consistently with the nation's Constitution, and therefore lawfully and peacefully, withdraw from the Union without the consent of the Union or of any other State.

The little disguise that the supposed right is to be exercised only for just cause, themselves to be the sole judge of its justice, is too thin to merit any notice with rebellion. Thus sugarcoated, they have been drugging the public mind of their section for more than thirty years, and until at length they have brought many good men to a willingness to take up arms against the Government the day after some assemblage of men have enacted the farcical pretence of taking their State out of the Union, who could have been brought to no such thing the day before. This sophism derives much, perhaps the whole of its currency, from the assumption that there is some omnipotent and sacred supremacy pertaining to a State, to each State of our Federal Union. Our States have neither more nor less power than that reserved to them in the Union by the Constitution, no one of them ever having been a State out of the Union. The original ones passed into the Union before they cast off their British Colonial dependence, and the new ones came into the Union directly from a condition of dependence, excepting Texas, and even Texas, in its temporary independence, was never designated as a State. The new ones only took the designation of States on coming into the Union, while that name was first adopted for the old ones in and by the Declaration of Independence. Therein the United Colonies were declared to be free and independent States. But even then the object plainly was not to declare their independence of one another of the Union, but directly the contrary, as their mutual pledge and their mutual action before, at the time, and afterward, abundantly show. The express plight of faith by each and all of the original thirteen States in the Articles of Confederation two years later that the Union shall be perpetual, is most conclusive. Having never been States either in substance or in name outside of tile Union, whence this magical omnipotence of State rights, asserting a claim of power to lawfully destroy the Union itself. Much is said about the sovereignty of the States, but the word even is not in the National Constitution, nor, as is believed, in any of the State constitutions. What is sovereignty in the political sense of the word? Would it be far wrong to define it a political community without a political superior? Tested by this no one of our States, except Texas, was a sovereignty, and even Texas gave up the character on coming into the Union, by which act she acknowledged the Constitution of the United States; and the laws and treaties of the United States, made in pursuance of States, have their status in the Union, made in pursuance of the Constitution, to be for her the supreme law. The States have their status in the Union, and they have no other legal status. If they break from this they can only do so against law and by revolution. The Union and not themselves separately procured their independence and their liberty by conquest or purchase. The Union gave each of them whatever of independence and liberty it has. The Union is older than any of the States, and, in fact, it created them, as States. Originally, some dependent Colonies made the Union, and in turn the Union threw off their old dependence for them and made them States, such as they are. Not one of them ever had a State constitution independent of the Union Of course it is not forgotten that all the new States formed their constitutions before they entered the Union; nevertheless, dependent upon, and preparatory to coming into the Union. Unquestionably the States have the powers and rights reserved to them in and by the National Constitution.

But among these surely are not included all conceivable powers, however mischievous or destructive, but at most such only as were known in the world at the time as governmental powers, and certainly a power to destroy the Government itself had never been known as a governmental, as a merely administrative power. This relative matter of national power and State rights as a principle, is no other than the principle of generality and locality. Whatever concerns the whole should be conferred to the whole General Government, while whatever concerns only the State should be left exclusively to the State. This is all there is of original principle about it. Whether the National Constitution, in defining boundaries between the two, has applied the principle with exact accuracy is not to be questioned. We are all bound by that defining without question. What is now combated is the position that secession is consistent with the Constitution, is lawful and peaceful. It is not contended that there is any express law for it, and nothing should ever be implied as law which leads to unjust or absurd consequences. The


Creative Commons License
This work is licensed under a Creative Commons Attribution-ShareAlike 3.0 United States License.

An XML version of this text is available for download, with the additional restriction that you offer Perseus any modifications you make. Perseus provides credit for all accepted changes, storing new additions in a versioning system.

hide Places (automatically extracted)

View a map of the most frequently mentioned places in this document.

Sort places alphabetically, as they appear on the page, by frequency
Click on a place to search for it in this document.
Texas (Texas, United States) (4)
United States (United States) (1)

Download Pleiades ancient places geospacial dataset for this text.

hide Display Preferences
Greek Display:
Arabic Display:
View by Default:
Browse Bar: