Government, to fly to open resistance, upon every infraction of the Constitution. The mode, and the energy of the opposition should always conform to the nature of the violation, the intention of the authors, the extent of the evil inflicted, the determination manifested to persist in it, and the danger of delay. But in case of deliberate, dangerous, and palpable infractions of the Constitution, affecting the sovereignty of the State, and liberties of the people, it is not only the right, but the duty, of each State to interpose its authority for their protection, in the manner best calculated to secure that end. When emergencies occur, which are either beyond the reach of judicial tribunals, or too pressing to admit of the delay incident to their forms, States, which have no common umpire, must be their own judges, and execute their own decisions." These proceedings took place in January, 1815. A deputation was appointed to lay the complaints of New England before the Federal Government, and there is no predicting what might have occurred, if the delegates had not found, that peace had been declared, when they arrived at Washington.

It thus appears, that from 1803-4 to 1815, New England was constantly in the habit of speaking of the dissolution of the Union-her leading men deducing this right from the nature of the compact between the States. It is curious and instructive, and will well repay the perusal, to read the "Journal of the Hartford Convention," so replete is it with sound constitutional doctrine. It abounds in such expressions as these: "The constitutional compact;" "It must be the duty of the State to watch over the rights reserved, as of the United States to exercise the powers which were delegated;" the right of conscription is "not delegated to Congress by the Constitution, and the exercise of it would not be less dangerous to their liberties, than hostile to the sovereignty of the States." The odium which has justly fallen upon the Hartford Convention, has not been because of its doctrines, for these were as sound, as we have seen, as the Virginia and Kentucky Resolutions of '98 and '99, but because it was a secret conclave, gotten together, in a time of war, when the country was hard pressed by a foreign enemy; the war having, in fact, been undertaken for the benefit of the very shipping States which were threatening to dissolve the Union on account of it.

Mr. John Quincy Adams, the sixth President of the United States, himself, as is well known, a Massachusetts man, speaking of this dissatisfaction of the New England States with the Federal Government, says: "That their object was, and had been, for several years, a dissolution of the Union and the establishment of a separate Confederation, he knew from unequivocal evidence, although not provable in a court of law; and that in case of a civil war, the aid of Great Britain, to effect that purpose, would be assuredly resorted to, as it would be indispensably necessary to their design." See Mr. Adams' letter of Dec. 30th, 1828, in reply to Harrison Gray Otis and others.

We have thus seen, that for forty years, or from the foundation of the Federal Government, to 1830, there was no material difference of opinion between the sections, as to the nature of the league or compact of government which they had formed. There was this difference between the sections, however. The South, during this entire period of forty years, had substantially controlled the Government; not by force, it is true, of her own majorities, but with the aid of a few of the Northern States. She was the dominant or ruling power in the Government. During all this time, she conscientiously adhered to her convictions, and respected the rights of the minority, though she might have wielded her power, if she had been so inclined, to her own advantage.

Constitutions are made for the protection of minorities, and she scrupulously adhered to this idea. Minorities naturally cling to the guarantees and defences provided for them in the fundamental law; it is only when they become strong, when they throw off their pupilage, and become majorities, that their principles and their virtues are really tested. It is in politics, as in religion—the weaker party is always the tolerant party. Did the North follow this example set her by the South? No; the moment she became strong enough, she recanted all the doctrines under which she had sought shelter, tore the Constitution into fragments, scattered it to the winds; and finally, when the South threw herself on the defensive, as Massachusetts had threatened to do, in 1803 and 1815, she subjugated her. What was the powerful motive which thus induced the North to overthrow the government which it had labored so

assiduously with the South to establish, and which it had construed in common with the South, for the period of forty years? It was the motive which generally influences human conduct; it was the same motive which Patrick Henry had so clearly foreseen, when he warned the people of Virginia against entering into the federal compact; telling them, that interested majorities never had, in the history of the world, and never would respect the rights of minorities.

The great "American System," as it has been called, had in the meantime arisen, championed by no less a personage than Henry Clay of Kentucky. In 1824, and again in 1828, oppressive tariffs had been enacted for the protection of New England manufacturers. The North was manufacturing, the South non-manufacturing. The effect of these tariffs was to shut out all foreign competition, and compel the Southern consumer to pay two prices for all the textile fabrics he consumed, from the clothing of his negroes to his own broadcloth coats. So oppressive, unjust, and unconstitutional were these acts considered, that South Carolina nullified them in 1830. Immediately all New England was arrayed against South Carolina. An entire and rapid change took place in the political creed of that section. New England orators and jurists rose up to proclaim that the Constitution was not a compact between the States. Webster thundered in the Senate, and Story wrote his "Commentaries on the Constitution." These giants had a herculean task before them; nothing less than the falsifying of the whole political history of the country, for the previous forty years; but their barren and inhospitable section of the country had been touched by the enchanter's wand, and its rocky hills, and sterile fields, incapable of yielding even a scanty subsistence to its numerous population, were to become glad with the music of the spindle and the shuttle; and the giants undertook the task! How well they have accomplished it, the reader will see, in the course of these pages, when, toward the conclusion of my narrative, he will be called upon to view the fragments of the grand old Constitution, which has been shattered, and which will lie in such mournful profusion around him; the monuments at once of the folly and crimes of a people, who have broken up a government-a free government which might else have endured for centuries.

A

CHAPTER IV.

WAS SECESSION TREASON?

FEW more words, and we shall be in a condition to

answer the question which stands at the head of this chapter. Being a legal question, it will depend entirely upon the constitutional right the Southern States may have had to withdraw from the Union, without reference to considerations of expediency, or of moral right; these latter will be more appropriately considered, when we come to speak of the causes which impelled the Southern States to the step. I have combated many of the arguments presented by the other side, but a few others remain to be noticed.

It has been said, that, admitting that the Constitution was a federal compact, yet the States did in fact cede away a part of their sovereignty, and from this the inference has been deduced, that they no longer remained sovereign for the purpose of recalling the part, which had been ceded away. This is a question which arises wholly under the laws of nations. It is admitted, that the States were independent sovereignties, before they formed the Constitution. We have only, therefore, to consult the international code, to ascertain to what extent the granting away of a portion of their sovereignty affected the remainder. Vattel, treating of this identical point, speaks as follows: "Several sovereign and independent States may unite themselves together by a perpetual confederacy, without ceasing to be, each individually, a perfect State. They will, together, constitute a federal republic; their joint deliberations will not impair the sovereignty of each member, though they may, in certain respects, put some restraint upon the exercise of it, in virtue of voluntary engagements." That was just what the American States did, when they formed the Federal Constitu

tion; they put some voluntary restraint upon their sovereignty, for the furtherance of a common object.

If they are restrained, by the Constitution, from doing certain things, the restraint was self-imposed, for it was they who ordained, and established the instrument, and not a common superior. They, each, agreed that they would forbear to do certain things, if their copartners would forbear to do the same things. As plain as this seems, no less an authority than that of Mr. Webster has denied it; for, in his celebrated argument against Mr. Calhoun, already referred to, he triumphantly exclaimed, that the States were not sovereign, because they were restrained of a portion of their liberty by the Constitution. See how he perverts the whole tenor of the instrument, in his endeavor to build up those manufactories of which we spoke in the last chapter. He says: "However men may think this ought to be, the fact is, that the people of the United States have chosen to impose control on State sovereignty. There are those, doubtless, who wish that they had been left without restraint; but the Constitution has ordered the matter differently. To make war, for instance, is an exercise of sovereignty, but, the Constitution declares that no State shall declare war. To coin money is another act of sovereign power; but no State is at liberty to coin money. Again, the Constitution says, that no sovereign State shall be so sovereign, as to make a treaty. These prohibitions, it must be confessed, are a control on the State sovereignty of South Carolina, as well as of the other States, which does not arise from her feelings of honorable justice."

Here we see, plainly, the germ of the monstrous heresy that has riven the States asunder, in our day. The "people of the United States," a common superior, ordained and established the Constitution, says Mr. Webster, and imposed restraints upon the States! However some might wish they had been left without restraint, the Constitution has "ordained it differently!" And the ostrich stomach of the North received, and digested this monstrous perversion of the plainest historical truth, in order that the spindle might whirr on, and the shuttle dance from side to side of the loom.

Following the idea of Mr. Webster, that the people of the