server.

PHYSICAL BONDS OF UNION.

13

exception taken by this intelligent ob- as it is yours. It belongs to the country "In America," says he "where by Divine right, if jus divinum ever all the con litions for the maintenance of existed in any case; and let us trust in union existed at the highest point, with God, that the country will never allow it the sole drawback of difference of insti- to be wrested from us. Every consideratutions in the single but most important tion, from the consciousness of a high article of slavery, this one difference has mission impressed upon us by our Maker gone so far, in alienating from each oth- to that of the commonest economy, urges er's sympathies, the two divisions of the us to hold fast to the unstinted freedom Union, as to be now actually effecting the of our fluvial and all other communicadisruption of a tie of so much value to tion."* them both."*

Turning from this cursory glance at The argument for Union afforded in the elementary conditions of the Union the physical geography of the country, and its preservation, we may briefly rethe bonds and ties of its great arteries view a few of the historical antecedents of river communication, needs only a which stand out prominently in more or glance at the map to be demonstrated. less relation to this great Revolt. They Its force was felt by the first founders of may be referred generally, with sufficient the nation. No one saw it better than accuracy for our purpose, to the maintenJefferson, who, with prophetic instinct, ance on important occasions of the docgave the nation Louisiana. No dweller trine of State Rights, and to the legislaon the Ohio, the Missouri, the Mississippi tion on the subject of Slavery. The first or their numerous tributaries need be told prominent assertion of the former after of it. Yet we may cite with satisfaction the adoption of the Constitution, arose in the noble expression of this great natu- the administration of John Adams, in an ral and political truth uttered by Dr. opposition to certain measures of the Lieber in a letter to the President of the government, and found expression in Chamber of Commerce of New York. those pregnant texts for future political "Nature," says he, "gave us a land orators the Kentucky and Virginia Resoabounding in all the means of sustaining lutions of 1798. Both of these were life and industry-food and fuel. She levelled against what are called the Alien cast a net work of fluvial high roads over and Sedition acts, which were passed by the whole. Our history is marked by no Congress with the view of defending the feature more distinctly than by the early government against the machinations of complete freedom of river navigation, foreigners, and any conspiracies or furfor which other nations have struggled therance of them by malicious writings. in vain for many long centuries; and The Administration of Adams, it will be (bis Insurrection with a Federal confes-remembered, was then opposed with great sion of judgment, steps in and means to snap the silver thread. The Mississippi belongs to you, sir, as much as to any man in Louisiana, and it is mine as much

* Considerations on Representative Government. By John Stuart Mill. Chap. xvii. Lond. 1861.

violence by a faction in the interest of France, and it was held, doubtless, by the legislators who passed the acts, that the extraordinary perils of the day jus

* Letter of Dr. Francis Lieber to the President of Cham ber of Commerce, New York, October, 1861.

tified them. Not so, however, thought subject, have deprecated any division of that watchful guardian of the public the Union on any grounds short of an liberties, Thomas Jefferson, whose zeal absolute necessity for revolution, may be on the occasion was sharpened by the judged from the words of a letter which fervor of political animosity. He pre- he wrote some months before, to John pared the draft of a series of resolutions Taylor of Caroline, when that extreme to be presented to the Kentucky Legis- theorist thought it was time "to estimate lature, in which a theory of the govern- the separate map of Virginia and North ment was laid down, and a practice | Carolina with a view to their separate enjoined which would virtually set aside existence." Not so, said Jefferson, in the jurisdiction of the Supreme Court on reply, after reviewing the evils which questions where power given by the the country was supposed to be suffering Constitution to the government was sup- from the New England domination : posed to be transcended, and make the "If, on a temporary superiority of the individual States sovereign judges over one party, the other is to resort to a scisthe whole. The Resolutions, as actually sion of the Union, no Federal governpresented in a less destructive, modified ment can ever exist. If to rid ourselves form, asserted the limited powers of the of the present rule of Massachusetts and government under the "compact" of the Connecticut we break the Union, wil. Constitution, and maintained "that as in the evil stop there? Suppose the New all other cases of compact, among parties England States cut off, will our natures having no common judge, each party has be changed? Are we not men still to an equal right to judge for itself, as well the South of that, and with all the pasof infractions as of the mode and meas- sions of men? Immediately we shall see ure of redress." This was certainly a a Pennsylvania and a Virginia party broad generalization, but, if we may in- arise in the residuary confederacy, and terpret it by the light of the accompany- the public mind will be distracted with ing resolutions, it was by no means the same party spirit. What a game, intended to cover the modern doctrine too, will the one party have in their of secession. The object of the Resolu- hands by eternally threatening the other tions was to agitate and procure a repeal that unless they do so and so they will of the obnoxious acts. The utmost that join their Northern neighbors? If we was said, was "that these and successive reduce our Union to Virginia and North Acts of the same character, unless arrest- Carolina, immediately the conflict will be ed on the threshold, may tend to drive established between the representatives these States into," not, be it remarked, of these two States, and they will end by peaceable secession, but "revolution and breaking into their simple units. Seeing, blood." The spirit of the whole was a therefore, that an association of men who jealous maintenance of the reserved will not quarrel with each other, is a rights of the States against any usurpa- thing which never yet existed, from the tion of authority by the general gov- greatest confederacy of nations down to ernment. That Jefferson himself, their a town meeting or a vestry-seeing that author, would, if he had been required we must have somebody to quarrel with, to pronounce a settled opinion on the I had rather keep our New England as

STATE RIGHTS DOCTRINES.

sociates for that purpose than to see our bickering transferred to each other."*

15

ral compact, or whatever it may be called, at will. When that question came up thirty-four years after, one of the parties, Madison, emphatically the guardian and interpreter of the Constitution, gave no unequivocal opinion upon the subject.*

No action injurious to the government followed these much talked of resolutions. The occasion which called them forth soon passed away; the obnoxious acts ceased from their own limitation. Jefferson came into power, and his party, of course, were satisfied with the ordinary working of the Constitution.

The Virginia resolutions, drawn up by James Madison, and presented in the State Legislature in December, a month after the Kentucky resolutions, may be considered explanatory of the latter. In marked language they expressly assert "that this Assembly most solemnly declares a warm attachment to the Union of the States," and maintain the inviolability of the Constitution for the preservation of that Union. For that end, an alarm of danger was indeed sounded, but with no other sentiment than "the truest anxiety for establishing The next demonstration of this nature and perpetuating the union of all." The on the part of the States, arose in New other States were called upon to join England, and grew out of dissatisfactior. Virginia in pronouncing the acts uncon- with the war of 1812. The embargo stitutional, and to take the necessary destroyed the commerce of that region, measures to co-operate "in maintaining and there were local jealousies and other unimpaired the authorities, rights, and distrusts of the employment of the milliberties, reserved to the States respect-itia. The eastern States were disposed ively, or to the people." The resolu- to claim exclusive control over the latter tions were undoubtedly of a suspicious raised within their borders. They were and dangerous character, but they were reluctant to furnish money and men for far from countenancing any doctrine of what they thought an unprofitable warsecession, still further from putting any fare. A Convention was called at Hartsuch doctrine in practice. Their object ford to discuss these grievances. It gave was political agitation within the limits birth to a Report which reflected the of the Constitution, for its preservation. spirit of the Kentucky and Virginia resThey were often appealed to, in sub- olutions in some of its sentences, but sequent days, as the creed of the State which by no means countenanced rebelRights party, and much that they con- lion. The resolves which were adopted, tain is incontrovertible; they were, were limited to recommendations to the doubtless, mischievous in the tendency legislatures of the States represented, to of certain expressions; they perhaps protect their citizens from the operatrifled with nullification; but we have tion of acts unauthorized by the Constitoo much respect for their authors, Thom-tution, subjecting them to forcible drafts, as Jefferson and James Madison, to sup-conscriptions, or impressinents, and adpose for a moment that they inculcated vice to the States to protect and defend so absurd a political doctrine as the secession of a State from the Union, fede- States Senate, "The Constitution not a Compact," in reply

* Hildreth's Hist, of the United States, 2d series, TT 234.

* Letter to Daniel Webster on his speech in the United

to Calhoun. Everett's Memoir of Webster. Webster's Works, I. cvii

themselves. There were also amend- November, 1832, and adopted an ordinments to the Constitution proposed, ap-ance applying the principle. The tariff portioning representation and taxation on acts were declared null and void, and the basis of the white population, limiting any attempt of the United States to enthe powers of Congress with reference to force them, it was resolved should be a embargoes and the war-making power, signal for the dissolution of the Union, forbidding naturalized citizens to be el- when the State of South Carolina would igible to any civil office under the United forthwith proceed to organize a separate States, and the president to be elected government. This revolutionary declaratwice or for two terms, or to be chosen tion was met the following month by the from the same State twice in succession. most energetic proceeding on the part of The convention which made these sugges- the government, to maintain its military tions met in secret, prepared them with authority at Charleston, and the Prodiffidence, and had but little encourage- clamation of President Jackson, which ment in any quarter. The proceedings with great clearness and an unanswerable came to nothing. It was but a local and line of argument, maintained the power temporary agitation. The war passed assumed by the State to be "incompatiover, and the suggestions and amend-ble with the existence of the Union, conments were not thought of again. The tradicted expressly by the letter of the Hartford Convention, greatly exagger- Constitution, unauthorized by its spirit, ated, remained only a name of terror, occasionally brought forward to discredit politicians who, rightfully or wrongfully, were made to bear the penalty of an unpopular act. The bare suspicion of disloyalty to the government was a fatal brand to a man endeavoring to rise in public life.

inconsistent with every principle on which it was founded, and destructive of the great object for which it was formed."

The Proclamation, as is well known, was written by Edward Livingston, but its sentiments and ideas were fresh from the heart of Jackson. It was prepared under his supervision, and received it most earnest appeals from his patriotic energy. "Let it," said he, as he wrote at midnight, submitting the conclusion to his friend for his amendment and revision, "let it receive your best flight of eloquence to strike to the heart and speak to the feelings of my deluded countrymen of South Carolina. The Union must be preserved, without blood if this be possible; but it must be preserved at all hazards and at any price.

Nearly twenty years passed away when the voice of disaffection was again heard at the South. This time the tariff acts of 1828 and 1832 were the grievances complained of. They were in the interest of the North and a burden to the South, it was alleged, and were pronounced unconstitutional. The South Carolina Legislature, under the inspiration of Calhoun, asserted the State Rights doctrines in their extreme form. The State, it was resolved, should, when it had determined for itself that the Constitution was infringed, repudiate the acts-11 o'clock P. M. This letter was read by Mr. George Ban

of the government. This was Nullification. A Convention of Delegates met in

* Andrew Jackson to Edward Livingston, December 4, 1832 croft at the Cooper Institute at a meeting in November, 1861,

called for the aid of the suffering patriots of North Carolina. The original letter was placed in his hands by the only sur

viving child of Mr. Livingston.

Jackson was not a man to be content of rebellion; they have been stamped in with words. A Proclamation with him characters of fire upon the country; thouwas always the prelude to vigorous action. sands of desolated abodes are monuments It was backed in this case by a force of his judgment; a myriad of graves requite adequate to collect the revenue cord his sagacity. "To begin with Nullifiand maintain the laws. The conse- cation," said he, "with the avowed intent, quence of this decision was, that the reve- nevertheless, not to proceed to secession, nue was still collected and South Carolina dismemberment and general revolution, postponed her desperate remedy. Cal- is as if we were to take the plunge of houn came, on to Washington to take his Niagara, and cry out that he would stop seat in the Senate. The President was half way down. In the one case as in disposed to arrest him for treason, and it the other, the rash adventurer must go is said, afterward regretted that he had to the bottom of the dark abyss below, not done so. The Force Bill to make were it not that that abyss has no disprovision for the collection of the reve- covered bottom." His conclusion, ennue was introduced. Mr. Calhoun then forcing the necessity of preserving the made his stand, submitting a series of Constitution and Union at every cost, resolutions announcing his favorite doc- was equally prophetic. He, indeed, was trine of the separate sovereignty of the spared the practical application of his States, the constitutional compact which own doctrine. The energy of Jackson united them as States, and the right of and the moderation of Clay for a time each to determine for itself when its arrested the dark fate which the rebelprivileges were violated, and to choose lious State courted for herself. In our its own measures of redress. He main-time she has claimed and secured the tained- these resolutions in an elaborate awful Nemesis. When men pondered for speech, marked by the speaker's charac- a moment, awe-struck and inert, the teristic clearness and subtilty, which was words of Webster, though dead, yet replied to with at least equal ability by speaking, came to their ears. "If the Webster, in an oration refuting the Constitution cannot be maintained withcompact" theory of State sovereign-out meeting these scenes of commotion ties, and establishing the authority of the and contest, however unwelcome, they Constitution as a government proper, must come. We cannot, we must not, founded on the adoption of the people, we dare not, omit to do that which, in and creating direct relations between it- our judgment, the safety of the Union self and individuals; that, as a necessary requires." consequence, no State authority could dissolve these relations, that nothing could dissolve them but revolution, and that there could of course be no such thing as secession without revolution.

In 1860, in the concluding acts of the thirty-sixth Congress, when the seceding Southern members were aiming their Parthian arrows at the gentle mother which had given them protection and a Subsequent events have proved the force name, a noble-hearted defender of his of the orator's argument. His theories country, destined shortly to seal his deand warnings have unhappily been writ-votion on the battle-field with his life, ten in letters of living light in the actions stood up in his place to parry the deadly