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and harmony among the States. Wisely limited and restrained as is his power under our Constitution and laws, he alone can accomplish but little for good or for evil on such a momentous question. . .

. . . secession is neither more nor less than revolution. It may or it may not be a justifiable revolution; but still it is revolution.

What, in the meantime, is the responsibility and true position of the Executive? He is bound by solemn oath, before God and the country, "to take care that the laws be faithfully executed," and from this obligation he cannot be absolved by any human power. But what if the performance of this duty, in whole or in part, has been rendered impracticable by events over which he could have exercised no control? Such, at the present moment, is the case throughout the State of South Carolina, so far as the laws of the United States to secure the administration of justice by means of the federal judiciary are concerned. All the federal officers within its limits, through whose agency alone these laws can be carried into execution, have already resigned. We no longer have a district judge, a district attorney, or a marshal in South Carolina. In fact, the whole machinery of the federal government necessary for the distribution of remedial justice among the people has been demolished, and it would be difficult, if not impossible, to replace it. . . .

Then, in regard to the property of the United States in South Carolina. This has been purchased for a fair equivalent, "by the consent of the legislature of the State," "for the erection of forts, magazines, arsenals," &c., and over these the authority "to exercise exclusive legislation," has been expressly granted by the Constitution to Congress. It is not believed that any attempt will be made to expel the United States from this property by force; but if in this I should prove to be mistaken, the officer in command of the forts has received orders to act strictly on the defensive. In such a contingency the responsibility for consequences would rightfully rest upon the heads of the assailants.

Apart from the execution of the laws, so far as this may be practicable, the Executive has no authority to decide what shall be the relations between the federal government and South Carolina. He has been invested with no such discretion. He possesses no power to change the relations heretofore existing between them, much less to acknowledge the independence of that State. This would be to invest a mere executive officer with the power of recognizing the dissolution of the Confederacy among our thirty-three sovereign States. It bears no resemblance to the recognition of a foreign de facto government, involv

ing no such responsibility. Any attempt to do this would, on his part, be a naked act of usurpation. It is, therefore, my duty to submit to Congress the whole question in all its bearings. The course of events is so rapidly hastening forward that the emergency may soon arise when you may be called upon to decide the momentous question whether you possess the power, by force of arms, to compel a State to remain in the Union. I should feel myself recreant to my duty were I not to express an opinion on this important subject.

The question fairly stated is: Has the Constitution delegated to Congress the power to coerce a State into submission which is attempting to withdraw or has actually withdrawn from the Confederacy? If answered in the affirmative, it must be on the principle that the power has been conferred upon Congress to declare and to make war against a State. After much serious reflection, I have arrived at the conclusion that no such power has been delegated to Congress or to any other department of the federal government. It is manifest, upon an inspection of the Constitution, that this is not among the specific and enumerated powers granted to Congress; and it is equally apparent that its exercise is not "necessary and proper for carrying into execution" any one of these powers. So far from this power having been delegated to Congress, it was expressly refused by the convention which framed the Constitution. . .

But, if we possessed this power, would it be wise to exercise it under existing circumstances? The object would doubtless be to preserve the Union. War would not only present the most effectual means of destroying it, but would banish all hope of its peaceable reconstruction. Besides, in the fraternal conflict a vast amount of blood and treasure would be expended, rendering future reconciliation between the States impossible. In the meantime, who can foretell what would be the sufferings and privations of the people during its existence?

The fact is, that our Union rests upon public opinion, and can never be cemented by the blood of its citizens shed in civil war. If it cannot live in the affections of the people, it must one day perish. Congress possesses many means of preserving it by conciliation; but the sword was not placed in their hand to preserve it by force.

But may I be permitted solemnly to invoke my countrymen to pause and deliberate, before they determine to destroy this, the grandest temple which has ever been dedicated to human freedom since the world began. . .

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It is not every wrong nay, it is not every grievous wrong can justify a resort to such a fearful alternative. This ought to be the last desperate remedy of a despairing people, after every other constitutional means of conciliation had been exhausted. We should reflect that, under this free government, there is an incessant ebb and flow in public opinion. The slavery question, like everything human, will have its day. I firmly believe that it has reached and passed the culminating point. But if, in the midst of the existing excitement, the Union shall perish, the evil may then become irreparable.

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Congress can contribute much to avert it, by proposing and recommending to the legislatures of the several States the remedy for existing evils which the Constitution has itself provided for its own preservation. . .

Senate Journal, 36 Cong., 2 sess. (Washington, 1860-1861), 7-17 passim.

65. Objections to Compromise (1860)


The speech from which this excerpt is taken was delivered in the Senate, and represents the radical Republican feeling of the time. - For Wade, see No. 46 above. - Bibliography as in No. 63 above.


́ELL, Mr. President, I have disavowed all intention on the part of the Republican party to harm a hair of your heads anywhere. We hold to no doctrine that can possibly work you an inconvenience. We have been faithful to the execution of all the laws in which you have any interest, as stands confessed on this floor by your own party, and as is known to me without their confessions. It is not, then, that Mr. Lincoln is expected to do any overt act by which you may be injured; you will not wait for any; but anticipating that the Government may work an injury, you say you will put an end to it, which means simply, that you intend either to rule or ruin this Government. . . .

This brings me, sir, to the question of compromises. On the first day of this session, a Senator rose in his place and offered a resolution for the appointment of a committee to inquire into the evils that exist between the different sections, and to ascertain what can be done to settle this great difficulty! That is the proposition, substantially. I tell the Senator that I know of no difficulty; and as to compromises, I had

supposed that we were all agreed that the day of compromises was at 1 an end. The most solemn compromises we have ever made have been violated without a whereas. . .


But what have we to compromise? Sir, I am one of those who went forth with zeal to maintain the principles of the great Republican party. In a constitutional way we met, as you met. We nominated our candidates for President and Vice President, and you did the same for yourselves. The issue was made up; and we went to the people upon it. Although we have been usually in the minority; although we have been generally beaten, yet, this time, the justice of our principles, and the maladministration of the Government in your hands, convinced the people that a change ought to be wrought; and after you had tried your utmost, and we had tried our utmost, we beat you; and we beat you upon the plainest and most palpable issue that ever was presented to the American people, and one that they understood the best. There is no mistaking it; and now, when we come to the Capitol, I tell you that our President and our Vice President must be inaugurated, and administer the Government as all their predecessors have done. Sir, it would be humiliating and dishonorable to us if we were to listen to a compromise by which he who has the verdict of the people in his pocket, should make his way to the presidential chair. When it comes to that, you have no Government; anarchy intervenes; civil war may follow it; all the evils that may come to the human imagination may be consequent upon such a course as that. . . . Sir, I know not what others may do; but I tell you that, with the verdict of the people given in favor of the platform upon which our candidates have been elected, so far as I am concerned, I would suffer anything to come before I would compromise that away. I regard it as a case where I have no right to extend comity or generosity. A right, an absolute right, the most sacred that a free people can ever bestow on any man, is their undisguised, fair verdict, that gives him a title to the office that he is chosen to fill; and he is recreant to the principle of free government who will ask a question beyond the fact whether a man has the verdict of the people, or if he will entertain for a moment a proposition in addition to that. It is all I want. If we cannot stand there, we cannot stand anywhere. Any other principle than that would be as fatal to you, my friends, as to us.

. . . Sir, I do not believe there is a man on the other side who will not do us more credit than to suppose that if the case were revers ersed,

there would be any complaint on our side. There never has been any from us under similar circumstances, and there would not be now. Sir, I think we have patriotism enough to overcome the pride and the prejudice of the canvass, and submit gracefully to the unmistakable verdict of the people; and as I have shown that you have nothing else to complain of, I take it that this is your complaint. Some of you have said that the election of Mr. Lincoln showed hostility to you and your institution. Sir, it is the common fate of parties to differ, and one does not intend to follow exactly the course of policy of the other; but when you talk of constitutional rights and duties, honest men will observe them alike, no matter to what party they belong.

I say, then, that so far as I am concerned, I will yield to no compro

It would be an indignity stand here parleying as to We have won our right to

mise. I do not come here begging, either. to the people that I represent if I were to the rights of the party to which I belong. the Chief Magistracy of this nation in the way that you have always won your predominance; and if you are as willing to do justice to others as to exact it from them, you would never raise an inquiry as to a committee for compromises. . . . in my judgment, this long, chronic controversy that has existed between us must be met, and met upon the principles of the Constitution and laws, and met now. I hope it may be adjusted to the satisfaction of all; and I know no other way to adjust it, except that way which is laid down by the Constitution the United States. Whenever we go astray from that, we are sure to plunge ourselves into difficulties. The old Constitution of the United States, although commonly and frequently in direct opposition to what I could wish, nevertheless, in my judgment, is the wisest and best Constitution that ever yet organized a free Government; and by its provisions I am willing, and intend, to stand or fall. Like the Senator from Mississippi, I ask nothing more. I ask no ingrafting upon it. I ask nothing to be taken away from it. Under its provisions a nation has grown faster than any other in the history of the world ever did before in prosperity, in power, and in all that makes a nation great and glorious. It has ministered to the advantages of this people; and now I am unwilling to add or take away anything till I can see much clearer than I can now that it wants either any addition or lopping off.

Congressional Globe, 36 Cong., 2 sess. (John C. Rives, Washington, 1861), 102-103 passim, December 17, 1860.

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