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DAVIS

JEFFERSON DAVIS was born in Christian County, Kentucky, in 1808.

Ho received a classical education at Translyvania University, graduated at West Point in 1828, and served as Lieutenant of Infantry and of Dragoons until 1836, when he engaged in cotton planting in Mississippi. He was a Presi. dential elector on the Polk and Dallas ticket in 1844; served in Congress from December, 1846, to June, 1846, when he resigned to command a regiment in the Mexican War, wherein he distinguished himself at Monterey and Buena Vista. He declined the appointment of Brigadier-General in the regular army in May, 1847, was sent in the same year from Mississippi to the United States Senate, and kept his seat there until 1851. In the year last named he was defeated for Governor of Mississippi, but two years later became Secretary of War under President Pierce. In 1857 he was again chosen United States Senator, and served until January 21, 1861. He was inaugurated President of the Confederate States on February 18 of the year just named, and remained at the head of the Confederacy until the close of the Rebellion. Captured by Federal troops in Georgia, in May, 1865, he was imprisoned for two years at Fortress Monroe, and then released on $100,000 bail. Though indicted for treason in May, 1866, he was never brought to trial. The last years of his life were spent on a plantation at Beauvoir, Mississippi, and he died in New Orleans in 1889.

ON WITHDRAWAL FROM THE UNION; SECESSIONIST

OPINION

UNITED STATES SENATE, JANUARY 21, 1863

RISE, Mr. President, for the purpose of announcing to the Senate that I have satisfactory evidence that the

State of Mississippi, by a solemn ordinance of her peo. ple in convention assembled, has declared her separation from the United States. Under these circumstances, of course my functions are terminated here. It has seemed

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to me proper, however, that I should appear in the Senato to announce that fact to my associates, and I will say but very little more. The occasion does not invite me to go into argument, and my physical condition would not permit me to do so if it were otherwise; and yet it seems to become me to say something on the part of the State I here repreBent, on an occasion so solemn as this.

It is known to Senators who have served with me here, that I have for many years advocated, as an essential attribute of State sovereignty, the right of a State to secede from the Union. Therefore, if I had not believed there was justifiable cause; if I had thought that Mississippi was acting without sufficient provocation, or without an existing necessity, I should still, under my theory of the government, because of my allegiance to the State of which I am a citizen, have been bound by her action. I, however, may

, mitted to say that I do think that she has justifiable cause, and I approve of her act. I conferred with her people before that act was taken, counselled them then that if the state of things which they apprehended should exist when the convention met, they should take the action which they have now adopted.

I hope none who hear me will confound this expression of mine with the advocacy of the right of a State to remain in the Union, and to disregard its constitutional obligations by the nullification of the law. Such is not my theory. Nullification and secession, so often confounded, are indeed antagonistic principles. Nullification is a remedy which it is sought to apply within the Union, and against the agent of the States. It is only to be justified when the agent has violated his constitutional obligation, and a State, assuming to judge for itself, denies the right of the agent thus to act,

and appeals to the other States of the Union for a decision; but when the States themselves, and when the people of the States, have so acted as to convince us that they will not regard our constitutional rights, then, and then for the first time, arises the doctrine of secession in its practical application.

A great man who now reposes with his fathers, and who has been often arraigned for a want of fealty to the Union, advocated the doctrine of nullification, because it preserved the Union. It was because of his deep-seated attachment to the Union, his determination to find some remedy for existing ills short of a severance of the ties which bound South Carolina to the other States, that Mr. Calhoun advocated the doctrine of nullification, which he proclaimed to be peaceful, to be within the limits of State power, not to disturb the Union, but only to be a means of bringing the agent before the tribunal of the States for their judgment.

Secession belongs to a different class of remedies. It is to be justified upon the basis that the States are sovereign. There was a time when none denied it. I hope the time may come again, when a better comprehension of the theory of our government, and the inalienable rights of the people of the States, will prevent any one from denying that each State is a sovereign, and thus may reclaim the grants which it has made to any agent whomsoever.

I therefore say I concur in the action of the people of Mississippi, believing it to be necessary and proper, and should have been bound by their action if my belief had been otherwise; and this brings me to the important point which I wish on this last occasion to present to the Senate. It is by this confounding of nullification and secession that the name of the great man, whose ashes now mingle with his

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mother earth, has been invoked to justify coercion against a seceded State. The phrase “to execute the laws” was an expression which General Jackson applied to the case of a State refusing to obey the laws while yet a member of the Union. That is not the case which is now presented. The laws are to be executed over the United States, and upon the people of the United States. They have no relation to any foreign country. It is a perversion of terms, at least it is a great misapprehension of the case, which cites that expression for application to a State which has withdrawn from the Union. You may make war on a foreign State. If it be the purpose of gentlemen, they may make war against a State which has withdrawn from the Union; but there are no laws of the United States to be executed within the limits of a seceded State. A State finding herself in the condition in which Mississippi has judged she is, in which her safety requires that she should provide för the maintenance of her rights out of the Union, surrenders all the benefits (and they are known to be many), deprives herself of the advantages (they are known to be great), severs all the ties of affection (and they are close and enduring), which have bound her to the Union; and thus divesting herself of every benefit, taking upon herself every burden, she claims to be exempt from any power to execute the laws of the United States within her limits.

I well remember an occasion when Massachusetts was arraigned before the bar of the Senate, and when then the doctrine of coercion was rife and to be applied against her because of the rescue of a fugitive slave in Boston. My opinion then was the same that it is now. Not in a spirit of egotism, but' to show that I am not influenced in my opinion because the case is my own, I refer to that time

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and that occasion as containing the opinion which I then entertained, and on which my present conduct is based. I then said, if Massachusetts, following her through a stated line of conduct, chooses to take the last step which separates her from the Union, it is her right to go, and I will neither vote one dollar nor one man to coerce her back; but will say to her, God speed, in memory of the kind associations which once existed between her and the other States.

It has been a conviction of pressing necessity, it has been a belief that we are to be deprived in the Union of the rights which our fathers bequeathed to us, which has brought Mississippi into her present decision. She has heard proclaimed the theory that all men are created free and equal, and this made the basis of an attack upon her social institutions; and the sacred Declaration of Inde. pendence has been invoked to maintain the position of the equality of the races. That Declaration of Indepen. dence is to be construed by the circumstances and purposes for which it was made. The communities were declaring their independence; the people of those communities were asserting that no man was born—to use the language of Mr. Jefferson-booted and spurred to ride over the rest of mankind; that men were created equal—meaning the men of the political community; that there was no divine right to rule; that no man inherited the right to govern; that there were no classes by which power and place descended to families, but that all stations were equally within the grasp of each member of the body politic. These were the great principles they announced; these were the purposes for which they made their declaration; these were the ends to which their enunciation was directed. They have no reference to the slave; else, how happened it that

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