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CONTENTS.
INTRODUCTION.
The Object of the Work-The Propositions which it aims to establish
-The Spirit in which the Author will endeavor to discuss them-
The propriety and importance of such a Discussion at the present
time-Practical Questions alone to be considered,
CHAPTER I.
9
State Sovereignty-Mr. Sumner's Attack upon it in "Our Domestic
Relations"-The Articles of Confederation-State Sovereignty
under the Confederation—Origin and Theory of the Constitution—
The Powers which it grants to Congress and denies to the States,
compared with those granted and denied by the Articles of Confe-
deration-The Federalist on the changes made by the Constitution
and on State Sovereignty-The question of Supremacy consid-
ered-Recognition of State Sovereignty in the Constitution-Con-
stitutional and Legislative Provisions of New York and Massachu-
setts on that Subject-Its recognition in the proceedings of the two
States and of Congress, relative to the Cession of Boston Corner
to New York-Mr. Sumner's Opinion in 1856,
CHAPTER II.
5 17
The Constitutional Power of the General Government to suppress a
Rebellion-That Power not affected by the unwarrantable sanction
of a Rebellion by a State-The impossibility of a Constitutional
Collision between the State and National Sovereignties--The course
of the General Government in the Nullification Controversy-A
similar course in this Controversy will not expose us to the charge
of coercing Sovereign States-Consideration of the Doctrines of
Forfeiture of State Rights by State Treason, of State Suicide, and
of the Abdication by a State of its Place in the Union,
46
CHAPTER III.
Answer to Senator Sumner's Theory of a "Tabula rasa "9 in conse-
quence of the vacancy of the State Offices-The unconstitution-
ality of the project to disfranchise Individuals or Classes by Act
of Congress-The recognition of the Insurgents as Belligerents
will not give us the rights of Conquerors over Territory wrested
from them-State Rights, not being derived from the Constitu-
tion, cannot be forfeited to the General Government-That Gov-
ernment has no power to disturb the balance of our Political
System by accepting such a Forfeiture,
CHAPTER IV.
60
The Theory upon which we entered into the War-The Assurances
respecting its Object and Termination which were given to For-
eign Nations-The Adoption of the Crittenden Resolution-Its
Obligatory Character as a National Pledge,
CHAPTER V.
74
The Emancipation Proclamation as a War Measure-Consideration
of the Rights of a Belligerent over the Slaves of Citizens of an
Invaded Nation regarding them as Property-The same Rights
regarding them as occupying a Peculiar Status under the Local
Law-The Owner's Rights after the Restoration of Peace-Rea-
sons why the Emancipation Proclamation exceeds the Rights of
a Belligerent, and manifests a Revolutionary Intention on the
part of our Government,
88
CHAPTER VI.
How the Southern People were induced to Favor the Rebellion-
Relations of the Slaveholders and of the Institution of Slavery to
the Masses of the People-Theories of the Constitution and of
Public Policy which were prevalent in the South-The Manner
in which the Southern Union Party was Extinguished-Action
of the Border Slave States,
103
CHAPTER VII.
Effects of the Policy thus far pursued by our Government towards
the People of the South-The "Anti-Rosewater" Military
Policy-The Penal, Confiscation and Exclusion Statutes-Result
of those Measures in arousing the Resentment and Hatred of the
Southern People-Falsity of the Theory that the Masses at the
South will regard with complacency the Ruin and Outlawry of
their principal Citizens-Exaggerated Effects attributed at the
North to Dissensions between the Confederate Authorities and
their People-Practical Results of the Policy of Severity in the
Districts which we have already conquered.
124
CHAPTER VIII.
The impossibility of Governing the People of the South by means
of State Governments, depending upon the Popular Vote, with-
out allaying their Discontent-Results which attended the
Attempt in Utah to maintain the Federal Government over a
Dissatisfied People-Collisions which a similar Attempt in the
South would provoke-The impracticability of introducing a
new Element of Political Power, by means of the Blacks, or of
Foreign Immigrants, or of Immigrants from the North-The
practical Result of the Power of Government, popular in Form,
to coerce its Subjects to obedience, compared with the Theory—
Action of President Jackson in the Nullification Controversy-
His Opinion respecting the possibility of maintaining the Union
by Force alone-Madison, Benton, Everett, Douglas and Web-
ster's Opinions upon the same subject.
CHAPTER IX.
.
157
Senator Sumner's Plan of Territorial Governments for the South-
The President's Plan of "Reconstruction "—A detailed Explana-
tion of the latter—Delusive character of the apparent Intention to
submit the Emancipation Proclamation to the Supreme Court-
The Plan contemplates the Abolition of Slavery by a revolution-
ary overthrow of the State Constitutions-Nature of the Popular
Element of the "reconstructed" State Governments-Probability
of the acceptance of the Terms of Amnesty by the Southern
People now within our Lines-Readiness of the Baser Element
of a Conquered People to ingratiate itself with the Conqueror-
Illustrations of this Principle by the Conduct of Individuals in
New York, New Jersey, Pennsylvania and South Carolina during
the Revolutionary War-Efforts of the British Authorities to
reëstablish Civil Rule in South Carolina in the years 1780-1781-
Their apparent success in bringing the People back to their
Allegiance Their Severities towards those who refused to ac-
knowledge themselves British Subjects,
CHAPTER X.
180
The Facility of putting the President's Plan into Execution in the
early Stages of the Experiment-The Difficulties will thicken as
the Problem approaches Solution-Feelings with which the un-
corrupted Part of the Southern People will regard the Tender of
the Oath-Nature of the Undertaking which it requires from the
Pardoned Rebel-Character of the first Officials under the new
State Governments-Feelings of Animosity which will exist be-
tween them and a large Portion of the Conquered People-The
Necessities of the National Government will require that such Men
shall be kept in Power-The Aid of the Military will be invoked
for that Purpose-Impossibility of effecting the Pacification of the
Country under such Circumstances--Worthlessness of Forced Oaths
of Allegiance-The inevitable Tendency of Military Rule over a
Conquered People is to Severity-The Evil is thus increased by
the Means employed to remove it-These Propositions illustrated
-Results of the British Efforts to reëstablish the King's Authority
in South Carolina in 1780-1781-How Military Force agrees with
a Popular Form of Government in Maryland and Delaware-The
Military Establishment which the Policy of Subjugation will re-
quire us to maintain-Expense of such an Army-Questions as to
our Ability to defray the Expense or to keep the Ranks filled-
Other Questions relating to the Subject, 210
CHAPTER XI.
Consideration of the Policy of Subjugation, under Mr. Sumner's
Plan or the President's Plan, with reference to its effects upon
Popular Institutions at the North-The Constitutional Restric-
tions upon the General Government were framed for the purpose
of preventing the Downfall of Public Liberty-The tendency of
the Government to disregard them-The Barriers erected to
check that tendency-The Independence of the States was one
of those Barriers-The effect of the proposed "Reconstruction"
will be to destroy it-The Independence of the Legislature and
Judiciary constitutes another Barrier-It was secured by the
Dependence of the President upon them and of the Legislature
upon the People-It was further secured by the President's Per-
sonal Responsibility-The Provisions to protect the Liberties of
the individual Citizen added to give it greater Strength-Con-
sideration of the Doctrine that the Provisions protecting Personal
Liberty are not applicable to a time of Civil Commotion-Its
effect in destroying the Responsibility of the President and of the
Legislature to the People-Its effect in destroying the Independ-
ence of the Legislature and Judiciary, and rendering the Pesident
independent of both-The President's Plan is even more dan-
gerous than Mr. Sumner's-The policy of Subjugation under
either Plan frees the Executive from Control or Responsibility,
and leaves the Liberties of the People at his mercy-Effect of the
vast Increase of the Annual Expenses of the Government which
it involves, in disposing the Wealthy Classes to the Abolition of
Popular Government-The presence of a large Standing Army
will destroy the Popular Appreciation of the existing Form of
Government,
242
CHAPTER XII.
The Danger to Popular Institutions from Party Spirit was over-
looked by the Authors of The Federalist-The Honesty and
Patriotism of the present Executive and his Party conceded-
But their Political Training menaces Public Liberty with Destruc-
tion-The Dangerous Tendency of the Doctrine that Rulers must
be Unconditionally Supported, pending a Great National Crisis-
Causes of the excessive Party Spirit which has hitherto raged-
Alarming Results which it has already produced-Further Ex-