F.NG? BYJflflW SAHJIAW.
POLITICAL FALLACIES:
EXAMINATION OF THE FALSE ASSUMPTIONS,
REFUTATION OF THE SOPHISTICAL REASONINGS,
WHICH HAVE BROUGHT ON
THIS CIVIL WAR
GEORGE JUNKIN, D.D.,LLD.
NEW YORK :
CHARLES SORIBNER, 124 GRAND STREET.
1863.
c
Entered, according to Act of Congress, in the year 1S63, by
CHARLES SCEIBNER,
la the Clerk s Office of the District Court of the United States for the Southern
District of New York.
, JOHN Fj TRO\V, f
PRINTER,
New York.
CONTENTS.
PAGE
INTRODUCTION 7
CHAPTER I.
MAN A SOCIAL BEING.
God the Author of Societj- Not Human Volition No Social Compact-
Promise creates not Obligation, but vice versa Expatriation Dan
gers of False Logic 19
CHAPTER II.
RIGHTS AND DUTIES.
Rights not defined by Blackstone Savage, not Man s Natural State-
Rights and Duties reciprocal SO
CHAPTER III.
ON GOVERNMENT.
Defined Civil Ordained of God Their Power limited by Divine Au
thority 36
CHAPTER IV.
ON SOVEREIGNTY.
"Webster s Definition Bouvier s Vat t el s Blackstone s Balance of
Powers How deposited and transmitted When abused reverts to
the People 43
CHAPTER V.
THE AMERICAN COLONIES.
Originate from Religious Oppression Monopolizing Spirit of the Crown
England desires to be the "Workshop of the "World Depress
American Manufactures 51
CHAPTER VI.
UNION OF THE COLONIES.
French. "War occasioned the Convention of Albany, 1754 Franklin s
Hints Plan of Union Movements in several Colonies toward Union
Charleston, S. C. Newport, R. I. Port Tobacco, Md. Lar. cas
ter, Penn. House of Representatives, Maes. Pennsylvania Conven
tion and Legislature Congress of 1774 United Colonies Congress
of 1775 Appoint a General The Declaration is based on Union-
South Carolina Opinions Virginia Opinions 58
227196
4: CONTENTS.
PAGE
CHAPTER VII.
POLITICAL CONDITION OF THE COLONIES WHEN THE DECLARATION WAS
UTTERED.
Powers Distributed Moses and Israel E PLUUIBCS UNCM a Revelation
from Heaven . 94
CHAPTER VIII.
THE CONTINENTAL CONGRESS.
A Provisional Deposit of Power Not a Government Proper A Grand
Committee of the States 99
CHAPTER IX.
THE ARTICLES OF CONFEDERATION AND PERPETUAL UNION.
Judge Dray ton s Opinion A Covenant Union Do not Create a Gov
ernment T. 103
CHAPTER X.
THE CONSTITUTION.
Its Occasion First Object, Union A Government the Grand Object
Contrasted with the Articles Great Controversy lay between a
Confederation and a National Government Mr. Jefferson Davis s
Error South go for National Madison, George Mason, Charles
Pinckney, Charles C. Pinckney, Governor Randolph, Mr. Pendleton. 109
CHAPTER XI.
THE CONSTITUTION BY WHOM ADOPTED.
Plain Man s Opinion The People of the United States Calhoun s
View, and Criticisms on it 126
CHAPTER XII.
THE CONSTITUTION NOT FEDERAL.
The Word Federal Nowhere found in the Constitution Nor Compact,
League, Covenant The Name Federal applied to the Party who op
posed a mere Confederation and advocated a Government 135
CHAPTER XIII.
FALLACY THE DOCTRINE.
Explained briefly Produced mainly by the Creation of a Fourth Term. 140
CHAPTER XIV.
FALLACY STATES INDEPENDENT.
Colonies essentially Dependent Independent used in two senses of
England of each other Views in Convention Martin, Wilson,
Hamilton, Madi-son False Syllogism 146
CHAPTER XV.
FALLACY STATE SOVEREIGNTY FALSE ASSUMPTION.
Edmund Randolph too strong Madison Pinckney favors United States
Negative on State Laws Sovereignty, Two Senses Syllogism 151
CONTENTS. 5
PAGE
CHAPTER XVI.
FALLACY GRATUITOUS ASSUMPTION AND DOUBLE MEANING.
Combines the two preceding States Independent Sovereignties Jeffer
son Davis General Jackson on Nullification and Disunion. , 156
CHAPTER XVII.
POLITICO-ECCLESIASTICO DISCUSSION FALLACIES EXPOSED.
Spring Resolutions HistoryRemarks on their meaning 163
CHAPTER XVIII.
FALLACY RELIGION HAS NOTHING TO DO WITH POLITICS 172
CHAPTER XIX.
FALLACY THE SPRING RESOLUTIONS DECIDE A POLITICAL QUESTION, DENIED.
The Discussion Arguments for run into Secession in Church and State
Jefferson Davis and Calhoun Presbyterian Ministers South much
to blame Could have arrested Secession 179
CHAPTER XX.
THE GRAND FALLACY THE GRATUITOUS AND FALSE ASSUMPTION, THAT THB
SOUTHERN REBELLION IS A GOVERNMENT.
Loose manner of using the word Government All assume two Govern
ments in the strict Sense Play between State Government and
United States Government States not Governments They recog
nize the Independence of the Confederate States of America They
also decide a purely Political Question 192
CHAPTER XXI.
THE DELIVERANCE OF THB PRESBYTERIAN GENERAL ASSEMBLY OF 1862 ON
LOYALTY THE BRECKINRIDGE PAPER.
Remarks 204
CHAPTER XXII.
A GOVERNMENT DE FACTO FALLACY.
A Question for Foreign Powers to decide Phrase used improperly
Absalom, Robin Hood, Shays, the Whiskey Boys, Dorr, and Nat.
Turner, all Governors de facto , 213
CHAPTER XXIII.
RRBELLION MAY EVENTUATE IN A SUPREME GOVERNMENT.
"When is Rebellion justifiable ? Who to judge of the Reasons? Must be a
Forfeiture Jeroboam s Successful by Divine Interposition rAppeal
to God by the Sword Our Rebels must prove cruel and irremedia
ble Oppression Must conquer Independence Hon. A. II. Stevens
proves Prosperity under the United States So Jefferson Davis No
Forfeiture is or can be in our System No ultimate Success to the
Rebellion , , 220
6 CONTENTS.
PAGE
CHAPTER XXIV.
FALLACY DOUBLE MEANING OF THE WOED PEOPLE.
Government Forma changeable by the People Syllogistic Statement.... 236
CHAPTER XXV.
FIRST ALLEGIANCE DUE TO STATE OR TO NATION ? PATRIOTISM.
Allegiance To whom due John Janney, Example from First in His
torical Order First in Magnitude, Weight, Importance Highest
Obligation due to the Highest Power Constitution TheJBiblc
Code of Virginia Love of Country 240
CHAPTER XXVI.
SECESSION.
Its Foundation Each is Judge in its own Case This a reserved State
Right It is conceded Suicide Duke of Argyle Count de Gaspa-
rin A Blow at Social Organization A Sin against Republican
Government Essential Injustice Equal Rights in the Territories
A Bald Abstraction this Claim 252
CHAPTER XXVII.
FUGITIVES FROM LABOR.
Right in Labor recognized Cotton gives it Value Interchange of
Opinion North and South History of King Cotton Slave Trade
Extension Rendition a Duty of States Prediction of Ruin from
Slavery Agitation Wrong doirg North no Justification of Secession
Secession no Remedy Difficulty of Rendition 268
CHAPTER XXVIII.
THE RESTORATION.
Not impracticable Personal Quarrels often are followed by Reconcilia
tion Nations respect each other after hard Battles The Philosophy
Family Ties Colonization a Remedy Geographical Reasons 287
CHAPTER XXIX.
THE BASIS OF RESTORATION.
Reconstruction Odious No Architects, Statesmen The Constitution
as it is ; the Union as it was 304
CHAPTER XXX.
HAPPY CONSEQUENCES OF A EESTORED UNION.
Family Re-unions The Government proved All Nations may come
under the Stars and Stripes Amazing Displays of~Power Respect
of the Nations Blessings to the Church Freedom, founded on
Christianity, to the World 311
INTRODUCTION.
THIS little book, as its title intimates, has for its im
mediate design the exposure of the leading fallacies
which lie at the root of the great conspiracy, and have
conduced to its success. By their means the conspiracy
realized its design in rebellion, and led on, probably
contrary to the expectations of its plotters, to civil war,
with all its fearful consequences. It was not the inten
tion of the author to give a history of the conspiracy,
the rebellion, or the war ; and he has consequently only
introduced so much as was necessary to render intel
ligible the refutation of the sophistical arguments by
which the work of blood-shedding has been extended
over this vast country.
The ulterior and chief object of the book is to
exhibit these groundless assumptions and false reason
ings, so as to enable the candid reader to break away
from the snares so well adapted to entangle him, to
discover where the truth lies, and to recover his stand
ing, if, indeed, he had lost it, or was likely to lose it,
and fix himself immovable upon the rock, and thus to
8 INTRODUCTION.
promote a return to the ark of our safety the CONSTI
TUTION and the UNION.
As the book is designed not for readers only who
have thoughts, but also, and indeed more especially, for
those who think, it does not indulge in poetic flights
and array its sentiments in elegant drapery. It affects
the simplest style, and hopes it uses the language of
common sense.
It is necessary to crave the reader s indulgence at
the outset to a little personality, I might say egotism,
which seems indispensable to enable him to understand
what comes before him. I removed from Lafayette
College, Easton, Penn., in November, 1848, to Wash
ington College, Lexington, Va. This institution was
founded by the Hanover Presbytery in 1774- 5, under
the rectorship of Rev. Win. Graham, then late of Dau
phin County, Penn. It was endowed by Washington,
who gave to it certain stocks in the James River
Canal, which were sold, and the proceeds, $50,000,
invested in Virginia State securities. In this institu
tion the author served, according to his feeble ability,
twelve and a half years, with great comfort to himself
and his household. His salary was ample and satisfac
tory his surroundings were such, all the time, as al
ways to call forth gratitude to the kind Providence
which had led him to that most beautiful locality and
most inviting field of labor. He doubts not but his ser
vices were made, by Divine favor, a blessing to the
church and the community at large. There, as in
INTRODUCTION.
every other field of labor, the main purpose of his heart,
when in 1830 he surrendered his pastoral charge in the
forks of the Susquehanna, and devoted himself to edu
cation, viz., to assist in bringing young men into the
ministry of the church, was largely realized. Three of
his children remain in Rockbridge, and one is not, for
the Lord took her away from the evil to come. There
he was called upon, for the second time, to purchase
his cave of Machpelah, that he might bury his dead out
of his sight ; there he made the sacred deposit, first, of
one who had sojourned by his side for nearly thirty-five
years ; then of his second daughter, Mrs. Jackson ; then
of a noble and dearly beloved son-in-law; then of
the sweet and lovely boy who soon followed his father ;
and there he had reserved a plot of ground, three feet
by six, for himself. Sixteen miles northeast from Lex
ington, one son was settled as pastor of a large and
most intelligent and comfortable church; ten miles
southwest another son, similarly situated, and his oldest
daughter located beside him in Lexington.
But otherwise, oh ! how far otherwise, had the Lord
arranged the matter! Calhoun s sophistry prevailed.
The bloody fallacies brought on secession, rebellion,
civil war, peradventure my heart shudders at the con
ception peradventure, servile war. From all these de
lightful surroundings I had my choice to fly, or, abid
ing, to succumb to the approaching despotism. True,
Virginia had twice voted against secession. The Bell
and Everett electors were run in by a plurality vote ;
1*
10 INTRODUCTION.
add to this the Douglas democratic vote, and the ma
jority was crushing against secession. Then, in the
election for members of the convention, the Union vote
was a triumphant majority : about two thirds of the
convention were union men. In Rockbridge county,
the average secession vote was less than one in eleven
votes. Yet, notwithstanding all this, I saw plainly that
if I remained, absolute silence, or a voice in favor of
secession, must be the price of my personal safety.
This price was too great for me to pay. It would
bankrupt my self-respect and pollute my conscience.
The only alternative was flight ; and so, leaving my
books and furniture to the mercy of Mr. Benjamin s
confiscation law, as expounded by himself, I took time
by the forelock, and crossed the Potomac at Williams-
port after dark on the 9th of May, 1861, having driven
the last thirty-five miles, from Winchester, without
stopping to feed my horses. To gratify my friends
and state the real facts of the case truly, the following
narrative was published; and I append it hereto, just
as it is, as containing evidence of the most kindly feel
ings, and affording a good hope that when the storm
of war shall have passed, there will be a general return
to the same ; and also as a fitting general introduction ;
adding only a note or two to the original publication.
With these remarks I submit the little book to the
kind guardianship of Heaven and the candid judgment
of the American people.
The following was drawn up at its date, and pub-
INTRODUCTION. 11
lished for the satisfaction of the author s friends ; its
circulation was, however, limited, and it may prove
useful, as leading to a correct understanding of my re
moval from Virginia.
[For the Standard.]
EXODUS OF DR. JUXKHST.
MR. EDITOR : The following is no Parthfan arrow, but a
simple history, designed to correct misapprehension and let
my friends in Virginia and Pennsylvania know the truth in
reference to MY EXODUS from the former to the latter..
In the month of February last I took up the Constitution
of the United States for exposition to the Senior Class in
Washington College, Va., of which I was then president, using
Sheppard s excellent little work as a text-book. This was an
anticipation of some two months, in accordance with the de
sires of the class and my own convictions of duty, in reference
to the dangerous misconstructions of that highest production
of human genius. I wished, by a fair and honest exposition,
to convince my young friends that UNION preceded Independ
ence, and even the Articles of Confederation ; much more the
present Constitution; that neither the Continental Congress
nor the Articles of Confederation created and constituted a
Government : they had neither supreme, legislative, judicial,
nor executive powers. The Congress was simply a grand
Committee of the States, exercising many powers of sove
reignty, but by no means all that belong to national sove
reignty. In these lectures I dealt largely with the archives
published by United States authority, reading from them to
sustain my positions, and especially from the minutes of the
Convention that formed the Constitution, passing through the
entire volume, and demonstrating the fact of union as the
leading principle the polar star recognized by these wise
men of the west, from the very first meeting in this city in
September, 1774, and again in May, 1775. I showed that
12 INTRODUCTION.
they felt themselves a unit they recorded themselves a unit:
as the United Colonies they appointed and commissioned
George Washington as Commander-in-chief, in whose com
mission the phrase "United Colonies" occurs three several
times. My object, in these extended preparatory discussions,
was to rivet the conviction in the minds of these dear young
men, thai UNION was always the master thought in the minds
of American patriots ; that UNION was the basis of all their
actions ; that without UNION there could be no freedom, no
national government, no independence. From this position, it
follows irrefragably, that there never existed a State sove
reignty ; the supreme power is in the States UNITED: no State
ever declared itself an independent nation none was ever
recognized by any power on earth as an independent sove
reignty; the doctrine of State rights, or State sovereignty
outside of the limits of State constitutions and the lines of de
marcation fixed in the United States Constitution, is neces
sarily subversive of the national government, as General Jack
son proved in his proclamation to the people of South Caro
lina, and from this follows the doctrine which he affirmed,
that u disunion by armed force is treason." The right of se
cession is a national wrong. Hence, I reach the conclusion,
by the eternal principles of logic, that " secession " is the
essence of all immorality; it neutralizes the highest obliga
tions. Accordingly, the senators of Virginia and others pro
claimed the doctrine, that their oath was null and void they
owed no allegiance to the government of the United States.
But in the progress of these discussions I observed a grow
ing restiveness among the students; heard myself called a
" Pennsylvania Abolitionist," and saw written on the column
opposite my recitation-room door " Lincoln Junkin."
About the close of March, a Palmetto flag was placed on
the centre building of the college, surmounting the wooden
statue of Washington, on whose head they had nailed a fool s-
cap. In this process, led on by a Georgia student, the copper
lightning rod was bent, and subsequently broken off. For a
student to go out on the roof has always been an offence, pun
ished by demerit. This flag I ordered the servants to take
INTRODUCTION. 13
down and bring to me. I was asked what I would do with it,
and replied, "burn it after evening prayer." But whilst I
was at dinner, they procured a ladder, climbed into the win
dow of my lecture room, and took the flag away.
About a week after it was again erected. I immediately
ordered the servants to take it down, and at an hour when all
except the Freshmen were at their recitations; these stood
about as spectators, and asked what I was going to do with
it. I answered, "I ll show you." I ordered the servants to
hold the but of the flag pole firmly, and throw the top over
from the chapel roof, which is a story lower than the centre
building. TVhen the flag came within reach, I stepped up and
took some matches out of my pocket, set it on fire, and when
it blazed up told the servants to throw the pole out from the
building, and whilst it flamed up, I said, " So perish all efforts
to dissolve this glorious Union / " *
On the 15th of April, my lecture-room door was much in
jured by attempts to break it open with a strong iron 4)ar.
The library door they succeeded in forcing open. The object
was to procure the jointed ladder, which the servants had put
behind the amphitheatre for safe keeping. (A door opens be
tween the library room and my lecture room.) On the mor-
* It is worthy of special notice here, that the young men who were
chiefly active in the erecting of these flags perished on July 21, 1861,
in the first battle of Bull Run. Two of them were killed by one cannon
shot, and a third (and he the leader) perished from excessive over-ex
ertion in carrying his wounded companion three miles to the railroad
car. This companion breathed his last just as they were lifting him on
the car. And thus, to a melancholy and fearful extent, has the male
diction prophetic been accomplished. I am to this day Dec. 9, 1862
but very imperfectly informed on the subject, by reason of the rebellion
cutting off all intercourse between me and my two sons and daughter
in Rockbridge ; but from all I have heard, I am painfully impressed
with the belief that more than fifty per cent, of all those misguided
youth who were active in rebelling against me have paid the forfeit of
their folly by the sacrifice of their lives. This is cause of unfeigned sor
row; for a very large proportion of them were youth of remarkable
promise for talents, diligence in study, purity of moral and religious
character : who, but for these bloody fallacies would have lived long
and adorned the higher walks of professional life.
14: INTRODUCTION.
ning of the 17th, I saw a disunion flag surmounting the statue
of Washington and the lightning rod. After prayer I detained
the members of the Faculty, and waved my hand to the stu
dents to retire. I stated to my colleagues that this thing must
be stopped, &c. One of them said he had just received a pe
tition on the subject, signed by most of the students. I asked
him to read it. The substance (I have not a copy) of it was,
that the flag which they had erected might be permitted to
remain. I stated to the Faculty that it had been placed there
in violation of law, and in contemptuous resistance to my ex
press order, and, of course, if they would grant the prayer of
the petition, my course of duty was clear and plain I could
not be coerced, but would instantly secede ; and left them to
deliberate, and let me know their decision.
At eleven o clock, the usual hour, the Junior class came
into my room. I asked whether the flag was on the top of
the College, and received an affirmative answer. "Then,
gentlemen," said I, "I am under the necessity of assuring you
that I cannot submit to this kind of coercion," and dismissed
them. One rushed toward the door, shouting, "Thank God
for that ! thank God for that ! " * and yelled his utmost, in
which he was joined by a few others.
At twelve o clock, when the Seniors came in, I recid to
them the substance of what I had said to the Juniors, and
which, meanwhile, to be sure of the identical words, I had
written down as follows :
"Is the flag still on the top of the College ?
" Answer, Yes.
" * Well, then, gentlemen, as you put it there in express
opposition to my order, I am under the necessity of telling
you that I have never been ridden over rough shod in that
style, and I never will be ; therefore, I never will hear a reci
tation or deliver a lecture under a rebel flag. The class is
dismissed.
"April VI, 1861."
* Killed at Bull Run, as I learned shortly after from a Richmond
paper.
INTRODUCTION. 15
They rose and withdrew in the most gentlemanly and re
spectful manner, with every appearance of sincere regret.
In the evening of the same day, I received from my col
leagues a paper, of which the following is a copy, viz :
" W. COLLEGE, April 17, 1861.
"Action of the Faculty in relation to the Flag on the College
Buildings.
" "Whereas the students, in reference to the tidings that the
Virginia Convention are about to adopt an ordinance of se
cession, have hoisted a Southern flag upon the college build
ing, and have made a respectful request of the Faculty that
they would permit it to remain ; and whereas the Faculty
have assurance that this act has not taken place in any desire
to violate college laws, or offer indignity to any member of
the Faculty an assurance given by the students themselves to
a member of the Faculty, and confirmed by the fact that they
promptly took down, at the request of the Faculty, a similar
flag, erected on a former occasion ; and whereas Dr. Junkin
regards this act as a wilful violation of law and a personal in
dignity, and requires the Faculty to have it removed at once,
on penalty of his resignation an alternative which the Faculty
think that Dr. Juukin has no right to impose, and which we
cannot allow to influence our action in the premises, although
we are fully determined to sustain the president, or any indi
vidual member of our body, in the maintenance of discipline ;
and whereas the sole object of the faculty is to allay excite
ment, and ensure good order and attention to study in college,
in this time of civil disturbance, believing, as we do, that
these ends will be best promoted by not requiring the imme
diate removal of the flag ; therefore,
" Resolved, That the flag be permitted to remain, at the
discretion of the Faculty.
" Copied from the minutes, and communicated to Dr.
Junkin by order of the Faculty.
" J. L. CAMPBELL, Cleric."
There is but one point in which there is positive inaccu-
16 INTRODUCTION.
racy in the above. It is in regard to the flag said to have
been taken down at the request of the Faculty.
The flag there referred to was not " a similar flag," (as I
was afterward informed, for I never saw it and knew not of
its erection until after it was taken down ;) it was a red flag,
and it was not erected on the centre building, but on the
building in which my lecture room was. It was therefore en
tirely different in its, significance. And it was not taken down
at the request of the Faculty, for the Faculty as such knew
nothing about it ; it was taken down at the remonstrance, as
I understood, of Professor White, for which interposition I
felt thankful.* After what had already transpired, neither I,
nor the public, could be at any loss to know what was meant
by erecting a red flag, not on the centre building over the
statue of Washington, as had been the others, but over my
Lecture Room.
On the next day I called a meeting of the Trustees at 2
p. M., the earliest hour practicable, on account of the meeting
of the Presbytery of Lexington, and of the Superior Court.
In urging the Trustees individually to attend, I assured them
it would take but a few minutes, for my resignation would be
peremptory and absolute, and leave no room for discussion.
I mention this circumstance in order to counteract the gross
misrepresentations which I have been told have found their
way into some of the Richmond, papers, but especially, the
Dispatch.
* The lovely youth who took down this red flag from over my lec
ture room, perished at the second battle of Bull Run on the 28th of
Aug., 1862, aged about eighteen years. He was an ardent Union man
a devoted student, pure minded as the blood of sprinkling ever
cleanses sinners here below. A nobler boy never took seat before me
in class, during the thirty-one years of my presidency in Colleges. But
this accursed rebellion crushes into its ranks the hoary head and the
beardless boy, and drags them on to the slaughter. His brother, a
former graduate, lost an arm in the same fight, and two others of my
dearly beloved young friends, graduates of two years standing, the pride
of their parents, and ornaments to society, fell likewise on the same
bloody field. Oh ! ye conspirators against our glorious Union and the
peace of the world, look at the slaughter you have brought about, and
think of the dread tribunal of Eternal Justice.
mTEODUCTION. 17
The Trustees met accordingly, and the Board was opened
with prayer, as usual, and my resignation was presented as
follows :
""WASHINGTON COLLEGE, April 18, A. D. 1861.
" To the Board of Trustees of Washington College.
"GENTLEMEN:! hereby resign the office to which you
called me more than twelve years ago.
" Very respectfully
" Your humble servant,
" GEO. JUNKIN, President."
Dr. McFarland took the chair, made a few kind remarks :
others were made especially by Lawyer Davidson, who was
quite complimentary; the vote was passed, I shook hands
with all the members, many of whom, as well as myself, were
overpowered with tender emotions.
Thus, within twenty hours from the time I was informed
that my colleagues had determined to permit the secession flag
to wave over the head of Washington, my connection with
the College which he had so nobly endowed ceased forever.
With pleasure I append the following, which shows truly
that no personal ill feeling has ever existed toward me on
the part of my late colleagues, as I doubt not they are per
fectly aware that my mind is equally free from every emotion
inconsistent with our literary and Christian relations. These
difficulties have sprung from the false political maxims of
Calhounism, which break down all the barriers of moral
truth, and are rushing human society into the vortex of anar
chy, and which must end in iron-handed despotism.
""WASHINGTON COLLEGE, April 18, 1861.
"JRev. Geo. Junkin, D.D.
" DEAR SIR : Although we, your recent colleagues, as mem
bers of the Faculty of "Washington College, felt it to be our
duty, under peculiar circumstances, to pursue a line of policy
which you did not approve, and in consequence of which you
have felt constrained to resign your connection with the In-
18 INTRODUCTION.
stitution, we wish to say that we were actuated by no feelings
of disrespect to you personally, or disregard of the high posi
tion you have filled in the College for so many years. And
we desire now to express our high regard for your manly
virtues as a Christian minister, and as a gentleman of distin
guished talents and learning ; and to assure you of our entire
confidence in your integrity, of our sincere friendly regards
for yourself and family, and our earnest prayer that the twi
light of your life may be its brightest and happiest period.
" With much esteem, we are very sincerely
"Your friends,
J. L. CAMPBELL,
A. L. NELSON,
JAMES J. WHITE,
C. J. HAEEIS."
Next day after these transactions I set to work in winding
up my business, selling my property, paying my debts, &c.,
and as the ways of public conveyance were then blocked, I
purchased a carriage, drove my own horses three hundred
and fifty miles to Oxford, Chester County, and came in on
the cars from that place yesterday morning.
" The Lord shall keep thy soul ; he shall
Preserve thee from all ill :
Henceforth thy going out and in
God keep forever will."
GEO. JUNKIN.
PHILADELPHIA, May 18, 1861.
POLITICAL FALLACIES.
CHAPTEE I.
MAN, A SOCIAL BEING.
THE nature of anything is the sum of its prop
erties. By these only is it known to us ; and, unless
our knowledge extends to every property, we cannot
affirm it to be complete. Who will say he compre
hends all the qualities of any one object of human
thought ? Who will not rather admit that here,
at least, we know but in part ? No man pretends
to know all the properties of light, of caloric, of elec
tricity, of carbon, of any substance whatever ; and
therefore no man presumes to suspend investigation
and forestall and preclude research into the nature
of anything. Still, to us practically, the sum of
its known properties is the nature of that thing.
To these we give names, so that each quality has
20 POLITICAL FALLACIES.
its proper term, by the use of which we suggest to
one another the conception of that particular qual
ity ; and then we invent or appropriate a word to
express the general aggregate. It is by this simple
process the bounds of knowledge are extended, lan
guage is constantly enlarged, and science is im
proved. Observation and experience furnish the
particulars, and the mind classifies and arranges
them into a system ; and thus, as the eye of obser
vation runs to and fro, knowledge is increased.
Nor is there any object of the mind s attention
more complex and more difficult than man him
self. His physical organization holds him in re
lations to all physical science ; whilst his intellec
tual and moral qualities open up a vast, a boundless
field for investigation. And there is no study more
important, more dignified, and attended with more
profitable results, when pursued in the spirit of true
philosophy, than man himself. On this field, when
we turn our eye of observation, the social property
arrests our attention. Turn whichever way we may,
this characteristic looms forth ; and the graphic
accuracy of the sacred historian is demonstrated,
when he remarks, that " it is not good that the
man should be alone ; I will make him a help suit
able for him," or, as better in the margin, a help
as before him, in his presence, always with him
MAN, A SOCIAL BEING. 21
strongly expressing the idea of close, intimate social
relations. Beautiful as is the poetic imagery, there
is more truth than poetry in the assertion that
" Eden was a wild,
And man, the hermit, sighed, till woman smiled."
Thus the divine history of our origin coincides pre
cisely with the universal induction from the facts
of all history, that man s nature is social ; and hoth
force upon our convictions the belief that this social
quality is an original element implanted by his Cre
ator. Society is a felt necessity of his being, con-
created with him. Without it he would not be
man at all. This we have evinced in numerous
instances. If a human creature have lost it ; if the
law of social life is gone ; if the creature turn re
cluse and misanthrope ; if he ignore society, society
ignores him, denies his humanity, treats him as an
animal, and shuts him up as a wild and dangerous
beast.
Thus, in a two-fold sense, is God the Author of
human society. First, in that He created the social
element in our nature as a primary law, which ne
cessitates the existence of society ; and secondly, in
that He put this law into actual operation in the
organization of the social body.
These things being so, it follows, by inevitable
22 POLITICAL FALLACIES.
logical necessity, that society does not owe its ex
istence to any supposed voluntary compact. The
phrase social compact is often used in such connec
tions as to imply this erroneous idea. The theory
it suggests seems to be this : that men are created
and thrown upon the earth as individuals; in a dis
sociate condition bound together by no moral ties,
but every man an automaton, subject to the action
of his own will ; that in process of time they volun
teer to institute society; they form a covenant,
agreement, or compact, and bind themselves to live
together in society : this voluntary agreement is
the social compact, and now, after it is constituted,
the parties, formerly entirely insulated, are bound
together a^nd lie under various obligations which
did not before exist. (See Blacks tone, I. i.)
Such seems to be the philosophical theory ;
against it I array the foregoing facts. If God cre
ated man social and put him into society, then is
this theory entirely without foundation. But, sec
ondly, I object to it, because there is no fact in the
history of the race to sustain it. Where and at what
period have individuals ever existed in such a condi
tion of insulation ? If this is preposterous figment,
I object, in the third place, that no man is ever
asked whether he is willing to become a member of
society or not. There is no such thing now, and
MAN, A SOCIAL BEING. 23
there never was, as voluntarily entering into society
and coming under the social compact. All men are
placed in society, as the first pair were, by the im
mediate act of their Creator. They are born mem
bers of society, under protection of its laws, in whose
enactment they had no agency ; they live subject
to its laws, and can live nowhere else ; they die
under the same laws. Private associations, indeed,
for specific purposes, are formed voluntarily ; but
this is not civil society. True, also, men may
change their location, may remove from one country
to another voluntarily, but this is not creating so
ciety by compact.
But, fourthly, no man 1ms a right, at his own
option, to leave society and renounce its obligations
and discard its duties. I say the right, the moral
potver, he has not. The physical power he possess
es. He can destroy his life : he can do it by a
single blow, or by a number of acts. He can retire
from all intercourse with his fellows ; but he cannot
live in that state ; he must and will pay the forfeit,
not of his breaking his voluntary compact with man,
but of his rebellion against God in the violation
of the social laws which He created in him. He
will die.
A compact, therefore, in the ordinary sense of
the term an agreement voluntarily entered into by
24: POLITICAL FALLACIES.
parties binding themselves by obligations to duties
not before existent such a social compact never
had any existence, and never can. It is simply a
figment of false philosophy ; and it ignores the
government of God, abnegates the universal law
of love, subverts all government over man, and
plunges the universe into the chaos of dark, cheer
less atheism.
Indeed, we might, perhaps, with profit, take an
other step on this road of sound philosophy, and
affirm that man cannot, by any merely voluntary
act of his own, create give existence to, any moral
obligation whatever. The Creator alone can pre
scribe duties. He that made the moral machine
and He only can dictate the laws for its government.
Abstractly, this assumes the aspect of a self evi
dent proposition, and yet, in some practical points
of view, it will be called in question. We will be
asked, Cannot a man bind himself by promise,
contract, oath voluntarily taken ? What becomes
of the business of society ? How could it progress
if promissory notes were not binding ? Before the
promise was made there was no obligation of duty,
/ and how is it afterward ?
These are plausible objections ; but let us see
whether they be substantial. And let us be sure
where the difficulty lies. Is it not precisely here ?
MAN, A SOCIAL BEIXG. ^
in the interchange of antecedent and consequent ?
An adroit, but inadvertent substitution of effect for
cause and cause for effect ? Is not the promise to
pay a sum, at a given time, based upon a preexist-
ent obligation ? Will any man promise to pay if
he is under no obligation ? Why, on the very face
of the note this question is answered " for value
received." This, in the nature of the transaction,
precedes the promise. For value received I prom
ise to pay, and if there has been no value received,
there is no obligation the bond is null. Prove
against the pro quo, and no quid follows. Destroy
the antecedent and you destroy the consequent.
Clearly it is not the promise that creates the obli
gation, but the preexistent obligation that creates
the promise. The duty the obligation to do some
thing, springs from the law which God has estab
lished for the regulation of human rights. He holds
every man responsible for every item of property
which His Providence throws into his hands ; " oc
cupy till I come ; " and no man has a right to part
with any property, but for a consideration ; and
whenever that consideration, in course of Provi
dence, fyas been given, the duty to pay the equiva
lent lies ; and therefore the promise follows when
ever it is not convenient to discharge the obligation
26 POLITICAL FALLACIES.
at present. The duty is father to the promise, and
not vice versa.
The same may be evinced by raising the ques
tion, Can a man bind himself can he make it his
duty, simply by a voluntary promise on oath, to do
a wrong thing ? Herod decided in the affirmative,
when for his oath s sake he beheaded John in prison.
But was his decision right ? Was his promise bind
ing ? More than forty men bound themselves un
der a curse to kill Paul. About the same number
took an oath to kill Lincoln at the Camden depot,
Baltimore ; was the promise and the oath binding ?
Did it become their duty to do this thing ? How
is it now with the thousands of knights, who are
under oath to break up the Union ; is it their duty
to perpetrate this enormous wickedness, because
forsooth they have sworn to do it ?
Clearly, then, it is not the voluntary promise or
oath, that creates the duty ; but it is the duty, that
renders the promise and the oath right and proper.
The Author of our moral nature is the Author also
of all the laws which are prescribed for its govern
ment. His requisition alone defines duty. His
will made known to man is supreme. " My meat
is to do the will of him that sent me." Man s will
can create no law, prescribe no duty ; but the per
fection of his moral character consists in the sub-
MAN, A SOCIAL BEING. 27
ordination of his will to God s. The child is
in duty bound to obey the parent, not simply be
cause the parent commands, but because God com
mands.
From these views, we learn that expatriation
is a duty and a right ; or is a sin and a wrong, just
as you understand the term. If you take it in the
native force of this Latin word removing from one s
country, and transferring one s allegiance from the
government under which he was born, to another
country and government this is a privilege, a right,
and, under certain providential arrangements, be
comes a duty. If my condition in the country of
my birth, is such that I cannot enjoy life ; cannot
secure the happiness of my family ; cannot advance
the good of man and the glory of his Maker, as well
as I could by removing to another country, then it
is my duty to expatriate. My duty is not created
by my will and wishes, but by Divine Providence.
My agency in the premises consists simply in the
exercises of my reason and judgment. Conscience
is to me the interpreter of providence and its well
digested decision is the voice of God, binding it upon
my soul as a solemn duty to obey.
But if by expatriation be understood, removal
from human society renouncing all government and
turning recluse ; then the matter has already been
28 POLITICAL FALLACIES.
decided ; no such right exists, for no man can pos
sibly have a right to do wrong.
Much blood and treasure were expended, during
the war of 1S12- 15, in consequence of the Bullish
blunder of the British philosophers, in confounding
these two uses of the term expatriation. c Once a
subject citizen, member of the body politic always
a subject/ This is true, if by body politic be meant
human society : but false, if the British nation and
government, or any particular nation, be un
derstood : and this was the sense they transferred
to the other and assumed its truth. And this blun
der in logic dyed the ocean, lakes and lands in blood,
and eventuated in the glorious winding up on the
8th of January, 1815. Such are some of the legit
imate results of the war waged by John Locke,
George Campbell, and others of Britain s most
learned men, upon the syllogism : for after logic
was beaten down by perversions of her doctrines, in
the hands of England s great philosophers, sophistry,
under the leading strings of the cotton thread,
stepped in and controlled the destinies of that
mighty empire. Whether the revival of logic, under
the auspices of Whately and Hamilton, shall suc
ceed in unwrapping the sea island fibre from the
British brain, and breaking the meshes of the arach
noid web, remains to be seen. Certain it is, that
MAN, A SOCIAL BEING. 29
fallacy has spread desolation over a large part of the
earth ; and an analogous sophism is now aiming its
deadly shafts at the life of the Great Kepublic 3 and
the vitals of human society. He that repudiates
Logic is an enemy to social man.
CHAPTEK II.
RIGHTS AND DUTIES.
To forestall a part of those fallacies which spring
from the double or vague meaning of words, we may
find our account in defining these two terms. It is
a curious and singular fact that Blackstone, in his
chapter on Eights, gives us no definition, except in
his classification and enumeration. He divides
rights into absolute and relative by the former
meaning those that belong to individuals as men ;
by the latter those which are incident to them as
members of society ; " such as would belong to
their persons merely in a state of nature, and which
every man is entitled to enjoy, whether out of so
ciety or in it." " The absolute rights of man, con
sidered as a free agent, endowed with discernment
to know good and evil, and with power of choosing
those measures which appear to him to be most de
sirable, are usually summed up in one general ap
pellation, and denominated the natural liberty of
mankind. This natural liberty consists properly in
EIGHTS AND DUTIES. 31
a power of acting as one thinks fit, without any
restraint or control; unless by the law of nature ;
being a right inherent in us by birth ; and one of
the gifts of God to man at his creation, when he
endowed him with the faculty of free will. But
every man, when he enters into society^ives up a
part of his natural liberty, as the price of so valuable
a purchase/ We have already seen that all this v
is purely fiction. Such a state of natural rights
and liberty never had any existence. But you will
observe, he merges absolute rights into natural lib
erty and then tells us, u This natural liberty consists
properly in a power of acting as one thinks fit, with
out any restraint or control, unless by the law of
nature." But now we put the question, is not this
law of nature the law of God, concreated with us,
and is not this the very law of our social nature,
under which man was and is now created ? What
then becomes of the " out of society" theory ?
Besides, it is utterly untrue that the savage
state is the natural state of man and the truly free
state, as is implied by this theory. " Natural lib
erty," being here the savage condition, its assertion
is an impeachment of divine wisdom. Did God
place man at first in " that wild and savage liber- /
ty ? " Was this wild and savage liberty " one of
the gifts of God to man at his creation ? " And
32 POLITICAL FALLACIES.
yet before he can become anything but a wild
savage, he must give up this " gift of God/ this
"wild and savage liberty," in order to enter into
society and to make civil liberty possible !
Still we have no definition of Rights. What
is a right & If we view this as a question of phys
ics and inquire, Do five and seven make fifteen ?
Are the three angles of a triangle together equal to
two right angles ? Am I on the right road to Lex
ington ? right is equivalent to true, to correct.
Affirmative answers to the last two questions are
right; negative to the first is rigid, i. e., true; the
predicate agrees with the subject of the propositions
respectively, or disagrees.
But if we use the word also within the sphere
of morals, and say, to love my neighbor is right; to
disobey the command of God is not right; resist
ance to civil magistrates in the due exercise of their
authority is not right : in all such cases there is
reference to a standard or rule of action." " Law,
v .
in its most general and comprehensive sense, signi
fies a rule of action " Blackstone. This definition
is right true, the predicate agrees with the subject.
And so in the moral sense, there is always a rule
of action referred to when the word right is used ;
and the agreement or disagreement of the conduct
y of a moral agent with the rule is the theory affirm-
EIGHTS AND DUTIES. 33
ed or denied. Honor thy father and mother, this is
right / it is consonant with the rule of action pre
scribed by due authority. Right is acting accord- v
ing to law. But law is the will of God made
known to us for the guidance of our conduct. Con
formity with law is right, and when a moral agent
conforms entirely his conduct with the laws pre
scribed to him, this viewed abstractly is properly
called righteousness.
A right action being one conformed to the law,
we may rightly say, the actor had a right to per
form it, i. e., the lawgiver laid it upon him as a
duty. And thus we come at once, as it were
abruptly, to a ri^ht definition of duty, i.e., a thing
due, which ir.rist be done which the law requires
me to do. Thus we reach the doctrine, that rights
and duties are reciprocal. Law is the basis and
measure of rights. Whatever it commands I have
a right to do, and nothing more. No man has a
right to do what the law forbids ; it would not be
right but wrong. Rights, therefore, are the things
which the Supreme Lawgiver commands us to do ;
and duties differ from rights only as to the point
from which they are viewed. The right proceeds
from the Lawgiver, and the duty is the action re
quired to proceed from the subject of law. Noth
ing can be a right which has not its corresponding
2*
34: POLITICAL FALLACIES.
duty. God is the author of all rights ; man is the
agent of all duties.
From this, it is but a step to obtain the true idea
of liberty ; if the divine command creates and meas
ures all rights, then full and perfect compliance is
the using up of all our rights. Obedience to law
is the perfection of freedom.
" He is a free man whom the truth makes free ;
All else are slaves beside."
Would you the question has been often pro
pounded " would you submit to a Black Kepub-
lican ? Would you submit to Lincoln ? " No !
never nor to any man that ever God made ; but I
will submit to the constitution and laws of my
country, because they embody the will of God as
the rule of action to this nation : and submission
to them is perfect liberty.
This doctrine of rights relieves us from some
anomalous positions held by moral philosophers.
Even so late and so sound an author as Wayland
applies the term right so as to cover the most out
rageously wrong actions, with but a slight qualifica
tion.- A man has a right, so far as his neighbor is
concerned, to worship an idol. In the chapter on
the Sabbath, this principle is advanced ; and it is
assumed, that what I have no power to prevent him
RIGHTS AND DUTIES. 35
from doing, my neighbor has a right to do. I can
not prevent him from worshipping an idol and he
has a right to do it. The phraseology is unfortu
nate ; the principle it suggests, of course, he does
not justify.
CHAPTER III.
ON GOVERNMENT.
FROM the social nature of man spring the ne
cessity and the fact of government. No state of
human society has ever been without it. The most
artificial and the farthest removed from the primi
tive or natural state is not without government.
Savages have indeed few laws and few rulers, but
some they always have. Theirs is, in the highest
sense, the lex non scripta of Blacks tone. Still, law
exists in the rudest, and, as I contend it is, the
least free condition. It cannot be conceived, that
intelligent beings, endowed with reason and will and
a social nature, could act out the principles of their
nature without rules of order, by which to regulate
their intercourse. Nor can it be conceived that,
when they become vastly numerous, they could sus
tain their intercourse without any special agency
for the application of these rules to society. Now
this gives us the idea of government the applica
tion of truth to the subject or thing governed, that
ON GOVERNMENT. 37
is, here, the truths of law furnished by his Creator.
Government is the agency which social man em
ploys to direct, restrain, control its members by
rule and law. " Upon these two foundations, the
law of nature and the law of revelation, depend all
human laws ; that is to say, no human laws should
be suffered to contradict them." Blackstone, sec. 2.
Men may, and, by reason of the defect of human
reason, do often differ as to what the law of nature
and of revelation is ; but, all over, it is agreed that
the will of God made known for that purpose is the
supreme law to man. The twofold method, above
referred to, of its communication, varies not its
binding force. Whether revealed in man s inner
consciousness and his reasonings from data furnish
ed by Providence to outward observation (which
constitute natural religion, and are equivalent,
rather identical, with " the law of nations"), or
communicated to us in language, written or spoken,
there is no difference in their obligations. The sum
of duty of every governing agency is their applica
tion to social man for the regulation of his conduct.
It is usual to connect the term " civil " with
both society and with government. This is derived
from the Komans, and has its origin in the obvious
fact that men closely connected in cities were laid
under the necessity of organizing governments
38 POLITICAL FALLACIES.
sooner than when living in a loose and scattered
condition. The more frequent the intercourse of
society, the more of detail became necessary both
in the ramifications of law and in the agencies of
its execution. Towns, then, being necessarily ahead
of country places in this respect, the epithet civilis
became attached to their more detailed rules of
conduct. We see the same proofs passing before
our eyes : as towns fill up and enlarge, subdivisions
of law become necessary and therefore common.
We moreover have another use for the epithet
civil; it is used to contradistinguish those laws
which relate solely to secular, earthly, worldly af
fairs, from such as are of a religious or a spiritual
character ; we have laws civil, and laws ecclesiasti
cal or spiritual. We have civil society and reli
gious society ; civil government and ecclesiastical
or church government. And these, both and
equally, are of Divine origin, though not of equal
extent. The religious element, indeed, is found in
the original laws of our social nature, and is, there
fore, an essential item in the law of nature and of
nations ; but the revealed law laid down in Holy
Scripture, besides its clear exhibition of the law of
nature, contains, as its main element, the doctrines
of grace, of which the primary law gives us no in
formation at all. Now, it is this last, this Gospel
ON GOVERNMENT. 39
revelation (which it is the grand end of the lex
scripta to make known), that creates the difference
in extent of the civil and the ecclesiastical govern
ments. The voluntary reception of the revealed
doctrines is necessary to place the recipient under
its authority and protection, and to guarantee its
rights, whereas all mankind are by nature under the
law written in the heart, as Paul designates the law
of nature.
This civil government, consisting of the laws pre
scribed by the Creator, and the agency by which
they are applied for the regulation of human con
duct, is ordained of God. I can see no difference
in this regard between government civil and gov
ernment ecclesiastical. Both and equally are jure
divino. With the former we have now to do. And
little need be added, by way of proof, if the princi
ples already laid down are correct. Even as to the
mode of their communication we may not add an
other word. But as to the appointment of the
agency, the king, the president, the governor, &c.,
this must come up hereafter. The fact of the Divine
authority must detain us a moment. And there
are two modes of argumentation on. the point : from
the revealed law and from the facts of providence.
The latter maintains, that power actually exercised,
by an individual or an association of men, over a
40 POLITICAL FALLACIES.
larger number, is evidence of the Creator s will that
so it ought to be. The divine right of kings has
long been affirmed. And this is true, in a strict
and qualified sense. The governing power belongs
to God, and by whomsoever exercised, must be res
pected and obeyed as Divine law ; but whether the
party by whom it is exercised has a Divine commis
sion, whether the de facto governor is also de jure,
is another question. Be this as it may, just and
right laws are to be obeyed because they are God s.
And this is the teaching of sacred Scripture :
" Let every soul be subject unto the higher powers,
for there is no power (exousia) but of God ; the
powers that be are ordained of God." Eom. xiii.
The Greek word here properly signifies moral power
rightful authority. So Solomon, Prov. viii. 15,
16 : " By me kings reign, and princes decree justice
[not injustice]. By me princes rule, and nobles, even
all the judges of the earth." So Dan. iv. 32 : " The
Most High ruleth in the kingdom of men, and giv-
eth it to whomsoever He will." All righteous rule
is from God. So Paul, having affirmed that the
existing powers authorities for applying the Divine
laws to the regulation of human conduct are or
dained of God, proceeds to the consequences : " Who
soever, therefore, resisteth the power, resisteth the
ordinance of God, and they that resist shall receive
ON GOVERNMENT.
to themselves damnation. For rulers [archons
supreme magistrates] are not a terror to good works,
but to the evil. Wilt thou then not be afraid of
the power ? do that which is good, and thou shalt
have praise of the same, for he is the minister of
God to thee for good. But if thou do that which
is evil, be afraid ; for he beareth not the sword in
vain ; for he is the minister of God, a revenger
[avenger] to execute wrath upon him that doeth
evil/ Nothing could be more conclusive. The
power, the authority to apply the Divine law for the
government of men, belongs to the Divine Being.
The supreme magistrate (which at this juncture
was bloody Nero, for he was now the archon of the
Koman world) had no authority to burn Christians
or to murder his own friends. Physical force he
had (dunamis), and that from God ; but only in
the same sense that any assassin or Satan himself
has no rightful authority.
Nor is Peter s testimony less explicit, 1, ii. 13, 14 :
" Submit yourselves to every ordinance of man for
the Lord s sake ; whether it be to the king as su
preme, or unto governors, as unto them that are
sent by him for the punishment of evil doers and
the praise of them that do well/ Here is submis
sion very peremptorily enjoined, but not absolute
for the Lord s sake; Divine authority in the magis-
42 POLITICAL FALLACIES.
trate is that to which submission is enjoined. If
the king, as supreme, as the head archon, order an
act of idolatry, he must not be obeyed, for he has
no authority for such an order. As the minister,
the deacon, the executive officer of God, his Mas
ter s warrant is wanting ; the order is tyranny, and
must not be complied with. Eesistance to tyrants
is obedience to God. Peter also settles the order
of submission : where there are magistrates of dif
ferent grades, the highest officer must of course be
first obeyed ; and this brings us into the margin
of another and a distinct field of investigation.
CHAPTER IV.
ON SOVEREIGNTY.
MERE philological research guides to the true
idea here. Webster traces the word back to the Lat
in, super supernus, superus, sopranus through
the French, souverain.
" Sovereign. 1. Supreme in power ; possessing
supreme dominion ; as a sovereign prince. God is
the Sovereign Ruler of the universe.
" 2. Supreme ; superior to all others ; chief/
" Sovereignty supreme power ; supremacy ;
the possession of the highest power, or of uncon
trollable power. Absolute sovereignty belongs to
God only."
Bouvier s Law Dictionary has it thus : " Sov
ereignty The union and exercise of all human
power possessed in a state ; it is a combination of
all power ; it is the power to do everything in a
state without accountability to make laws, to
execute and apply them ; to impose and collect
taxes, and levy contributions; to make war and
44 POLITICAL FALLACIES.
peace ; to form treaties of alliance or of commerce
with foreign nations, and the like."
Yattel : " Nations or states are bodies politic,
societies of men united together for the purpose of
promoting their mutual safety and advantage by
the joint efforts of their combined strength."
P. liv.
" Every nation that governs itself, under what
form soever, without dependence on any foreign
power, is a sovereign state. P. 2.
" It is necessary that there should be established
a Public Authority to order and direct what is to be
done by each in relation to the end of the Associa
tion. This political authority is the Sovereignty,
and he or they who are invested with it are the
sovereign." P. 1.
" By the sovereign pow r er (says Blackstone,
Introd., sec. 2), as was before observed, is meant
the .making of laws ; for wherever that power re
sides, all others must conform to, and be directed
by it, whatever appearance the outward form and
administration may put on. * * * In a democ
racy, where the right of making laws resides in
the people at large, public virtue, or goodness of
intention, is more likely to be found, than either
of the other qualities of government. Popular as
semblies are frequently foolish in their contrivance,
ON SOVEREIGNTY. 45
and weak in their execution ; but generally mean
to do the thing that is right and just, and have
always a degree of patriotism or public spirit. In
aristocracies there is more wisdom to be found than
in the other frames of government ; being com
posed, or intended to be composed, of the most
experienced citizens. A monarchy is, indeed, the
most powerful of any, all the sinews of government
being knit together, and united in the hand of the
prince ; but then there is imminent danger of his
employing that strength to improvident or oppres
sive purposes." He then cites the opinion of Cicero,
that a wise and prudent combination of these three
would constitute the best republic an opinion con
troverted by Tacitus. He proceeds to argue the
preeminent superiority of the British Constitution,
because it embodies and exemplifies Cicero s opinion.
" The legislature of the kingdom is intrusted to
three distinct powers, entirely independent of each
other : first, the king ; secondly, the lords spiritual
and temporal, which is an aristocratical assembly
of persons selected for their piety, their birth, their
wisdom, their valor, or their property ; and, thirdly,
the house of commons, freely chosen by the peo
ple from among themselves, which makes it a kind
of democracy.
" Here, then ; is lodged the sovereignty of the
46 POLITICAL FALLACIES.
British Constitution ; and lodged as beneficially as
is possible for society. For in no other shape could
we be so certain of finding the three great qualities
of government so well and so happily united. If
the supreme power were lodged in any one of the
three branches separately, we must be exposed to
\the inconveniences of either absolute monarchy,
aristocracy, or democracy ; and so want two of the
three principal ingredients of good polity, either
virtue, wisdom, or power."
It will be noticed here, that the great oracle of
English law impliedly, but most emphatically de
nies that the king per se is sovereign of the British
nation. The monarch holds only a part of the
sovereignty, which is not only divisible, but neces
sarily divided, wherever freedom dwells. The idea
of sovereignty being a unit, and a unit sui generis,
incapable of division, an atom, a monad this idea
is repudiated : it belongs to a newer philosophy.
Its paternity is not much to its praise. Sovereignty
is governing authority in a state ; as Paul calls it,
exousia; and there is no power but of God. Kul-
ing authority, in human hands, must be distributed ;
and the wise tempering of the distribution, the "sit
modice confusa " of Cicero, will very accurately
measure the freedom of a state.
In mechanics, the adjustment of balances is in-
ON SOVEREIGNTY. 47
dispensable to the success of the machine. If this
is lost, the preponderating force must drive on, to
the utter demolition of the whole, from the most
delicate structures of the horologist to the engine
of ten thousand horse power. Let the balance of
centrifugal and centripetal forces be lost, and the
solar system becomes a wreck, and Phaeton s fiery
car runs riot through a desolated universe. So, in
the moral machinery of human government, powers
must be so adjusted as to constitute mutual checks
upon each other, that all the parts may combine to
the perfection of the whole.
For answering the question of location where
is this power deposited ? we are already possessed
of the material. Daniel (iv. 32), standing in the
simple grandeur of Faith and the confidence it
generates, before the mightiest monarch on earth,
tells him, " The Most High ruleth in the kingdom
of men, and giveth it to whomsoever he will."
Sovereignty absolute is found only in God : from
him alone is it distributed among men. But to
whom, and how ? It is scarcely necessary for us
to dwell for a moment even upon the divine right
of kings, as that phrase has been sometimes under
stood a direct and immediate gift from God. It
is nowhere maintained that such a grant exists ;
not even by those who now hold to the hereditary
4:8 POLITICAL FALLACIES.
descent of ruling power. For even these are obliged
to run back to a point when the first of any line is
reached, at which they admit the authority was
not found in the family blood, but was derived to
it from the consent of the people. This is clearly
admitted in English history, and even more decid
edly acknowledged in nations where the Salic law
prevails, by which the royal blood even, is excluded
whenever it flows only in females veins.
The people are intrusted with their own gov
ernment, and their assent or consent is indispensa
ble even to kings and nobles. This idea looms out
and irradiates the whole line of history in every
nation. " The executive power of the English
nation is vested in a single person, by the general
consent of the people." Blackstone, b. i., c. 3.
The only practical difficulty in our way, is the
question, How ? How does the sovereignty, the
power of governing themselves, pass from them to
the rulers ? Hoiv does He, who ruleth in the king
dom of men, give His ruling authority to the king,
the president, the governor, the sheriff, the police
officer ? If sovereignty is a franchise from the God
who made him, how can man be deprived of it, but
by authority of the Giver ? Can he rightfully
abandon it ? Can he bury this precious talent in
the earth, and yet escape his responsibility ? So
ON SOVEREIGNTY. 49
far, therefore, from kings and rulers having any
immediate right of sovereignty, mankind those on
whom the franchise is bestowed are under bonds
the most solemn conceivable, to maintain and re
tain it, and yield it only to their own proper agents,
to be exercised for their benefit ; and whenever it
is abused, so as to destroy its designed end, they
are bound to reject these agents, recall the power,
and resume its exercise. That is, there exists an
ultimate right of rebellion and revolution in the
people of every nation, to be resorted to whenever
the authority to rule is so abused as to miss entirely
its grand end the welfare of the people.
The methods of this temporary transfer of
supreme power, or rather of that part of it which
it is right for a people to delegate for a time, are
various. If a hundred men and women were thrown
upon a desert island, and so cut off from all civil
government, it would be both a privilege and a
duty to act toward each other according to the
social laws to which we have referred. One of their
number, suitably qualified, might assume headship,
of his own motion. If this assumption be acqui
esced in by the rest, he becomes an executive head
perhaps also, in a degree, a legislative head to the
body politic. If one were called by the formal vote
of the body, i. e., a majority of the people, to exer-
3
50 POLITICAL FALLACIES.
else a part of the sovereignty, he would be, to all
intents, and in all right, a minister of God to that
people. His acts, within the sphere of the laws
prescribed by the Creator, are those of a civil ruler,
or rather a servant of that people ; and he is bound
to do and to act for their good : he is jure divino
an officer, as truly as is the monarch of a hereditary
line, swaying a sceptre over a hundred millions of
men. In short, it is of little consequence in what
form the people s consent to the exercise of any
part of sovereignty over them, by any individual,
may be expressed. The fact of its expression places
that authority in his hands, just to the extent of
the concession ; and he is therefore and thereby a
magistrate a minister of God to that people,
during the period designated. In such a transfer
and its acceptance, there is compact, covenant, or
agreement between the people and the elected ruler
or public servant; and usually the question of wages
for his service, or salary for office duties, forms an
essential part.
CHAPTEB V.
THE AMEKICAN COLONIES.
THE most striking circumstance in their history
is the original moving cause of their inception.
Why did so many people tear themselves away
from the comforts of Christian and civilized society ;
and that too in a country where as much of liberty
was enjoyed as in any on the glohe ? Was it that
the place of their fathers sepulchres had become too
strait for them ? the population had become too
dense for them to gather a comfortable subsistence
from the soil ? The population of the British Isles
was scarcely a tithe of what it is now. Was it
that the enticements to these shores, the refinements
and felicities of society here, was so much superior
to those of their native land ? Nothing of the kind.
A trackless wilderness lay before them, inhabited
only by savage beasts and not less savage men.
Why then should they abandon the sweets of home
for a strange and barbarous country ? Every school
boy has the answer ready : they were borne down
52 POLITICAL FALLACIES.
by the spirit of religious intolerance. The error of
the world, the church, the age, was the idol of uni
formity in religious belief. This looms out from all
the pages of our colonial .history, that religious per
secution, disfranchisement, and oppression forced the
colonists from the bosom of a misguided church
and an unrelenting state into the wilderness. With
perhaps the single exception of Virginia, all the
colonies were planted by refugees from intolerance.
To enjoy liberty of conscience in a wilderness home,
seemed to them preferable to a residence in glorious
old Albion, under compulsion of bowing the knee
to the image of Baal. Virginia was a speculation,
originating in commercial cupidity ; Plymouth was
a church, persecuted and peeled ; trodden down,
and yet not destroyed ; but seeking a refuge from
the storm and a covert from the tempest the sha
dow of a great rock in a weary land. Not the fos
tering care, but the cruelty of the mother country
planted these colonies ; and her avarice was early
displayed in systematic endeavors to reap a revenue
from their industry. In Virginia this was exem
plified in the efforts of the Stuarts to secure to
themselves a monopoly of the tobacco trade. So
eagerly did England grasp at the profits of trade,
that Charles I. conceded large privileges as a set off
for this monopoly. " The plantation," says Ban-
THE AMERICAN COLONIES. 53
croft (ii. 194), "no longer governed by a chartered
company, was become a royal province, and an ob
ject of favor ; and, as it enforced conformity to the
Church of England, it could not be an object of sus
picion to the church or the court. Franchises were
neither conceded nor restricted ; for it did not recur
to his pride that at that time there could be in an
American province anything like established privi
leges or vigorous political life ; nor was he aware
that the seeds of liberty were already germinating
on the borders of the Chesapeake. His first Vir
ginia measure was a proclamation on tobacco, con
firming to Virginia and the Somer Islands the ex
clusive supply of the British market, under penalty
of the censure of the star chamber for disobedience.
In a few days, a new proclamation appeared, in
which it was his evident design to secure the profits
that might before have been engrossed by the cor
poration. After a careful declaration of the features
of the charters, and consequently of the immediate
dependence of Virginia upon himself, a declaration
aimed against the claims of the London company,
and not against the franchises of the colonists, the
monarch proceeded to announce his fixed resolution
of becoming, through his agents, the sole factor of
the planters. Indifferent to their constitution, it
was his principal aim to monopolize the profits of
54 POLITICAL FALLACIES.
their industry ; and the political rights of Virginia
were established as usages by his salutary neglect."
Thus, as often happens, one sinful lust devours
another ; the eagerness of the kings to secure a
revenue, conceded a strong protective tariff to the
great staple of Virginia ; and at the same time
unwittingly acknowledged a representative govern
ment, and even the occasional election of their own
governor to the colonists. Avarice fed the goose
that he might eat the eggs and feather his own
nest ; but the goose became an eagle, and the eggs
sent forth a numerous brood, which plucked the
crown from its selfish benefactor. "This is the
first recognition, on the part of a Stuart, of a rep
resentative assembly in America." But the price
asked was too great. The planters refused to put
themselves in the power of the crown as an absolute
monopolist of tobacco, even though the king offered
the monopoly of the English market ; for obviously,
if the king could be the only purchaser, they were
at his mercy. Similar efforts were made after the
restoration. Cromwell s navigation act, which laid
the foundation of England s supremacy on the sea^
and of her manufacturing preeminence on land,
was variously modified to the disadvantage of co
lonial commerce. " No vessel, laden with colonial
commodities, might sail from the harbors of Vir-
THE AMERICAN COLONIES. 55
ginia for any ports but those of England, that the
staple of those commodities might be made in the
mother country ; and all trade with foreign vessels,
except in cases of necessity, was forbidden." (Ban
croft, i. 221.) This constitutes one of the reasons
in the Declaration " giving his assent to their acts
of pretended legislation for cutting off our trade
with all parts of the world." There is perhaps no
one feature of British legislation, in reference to the
colonies, more prominent than this, of securing a
revenue in one or both methods, of direct taxation
and of commercial advantages. All the charters
and grants of every description carefully secure
these interests, and bind the colonies under obliga
tions to the crown and parliament. All her sub
sequent legislation is shaped with the view to insure
perpetual dependence, both in regard to the manu
facture of goods and their exchange. Whether they
understood it may be doubtful, but their policy was
an embodiment of the doctrine so ably set forth in
Mr. H. C. Carey s masterly work, " Social Philoso
phy/ viz., that a people whose industrial energies are
expended wholly in the production of raw materials
to be exported to another country for manufacture
a-nd return, is a colonial dependent of the country
that manufactures and returns them. Manufactur
ing industry is the civilizer ; raw producers glide
56 POLITICAL FALLACIES.
toward semi-barbarism. England s policy ever has
been to hold her colonies in this position : if she
has not succeeded, it has not been for want of ef
fort, but because of the natural tendency of man,
and especially of the Anglo-Saxon racc ; toward the
development of the human powers. To check this
in America and to stimulate it in Britain has been
her master policy for three hundred years.
Division of labor, so necessary an element in a
people s large development by mechanical industry
and progress, has its basis in diversities of soil and
climate, and this springs from the inclination of
the earth s axis to the plane of its orbit. Thus
the Creator makes division of labor a necessity on a
large scale ; and commerce is a dependant on diver
sified pursuits. England s madness consists in her
gigantic efforts to become the ergastulum generate
the universal workshop of the globe. But as her
desperate effort to execute this wild scheme upon
her own colonies failed, so will all her efforts to
make the nations all colonial dependants.
A capital point in this scheme, as to America,
was to hem up the colonies severally within them
selves, prevent them from traffic one with the other,
and thus cut off all interdependence, by prohib
iting, as far as possible, all intercommunication ;
and at the same time, and by this very means, to
insure the dependence of each upon herself. " Let
.THE AMERICAN COLONIES. 57
us," she says, "have your raw materials ; we can
manufacture them much cheaper and better than
you can ; we will send for them and work them up
for you in the most beautiful manner, and return to
you as much as each may need." In furtherance of
this scheme, she threw every hindrance possible in
the way of the colonies becoming skilled in produ
cing for themselves the decencies and luxuries of
life. Heavy fines were imposed upon artisans for
attempting to emigrate to the colonies, and especi
ally for attempting to remove any implements and
machinery. Books were written for America ; and
Adam Smith s doctrines were glossed, and are to
this day, to mean the opposite of what they do
mean, and thus to give the weight of his name
against American manufacturing industry and in
favor of foreign. Thus, the infants are always to
remain helpless and be kept in leading strings, and
so dependent on the nurse and the step-mother.
They must be kept ignorant of their relations to
each other only through their common parent ;
and their adaptation to aid each other and bear
each other s burdens, by reason of diversities of soil,
climates, and productions, must not be improved,
lest unions might be formed by their home ex
changes detrimental to the dependence of each
upon the home government.
3*
CHAPTEK VI.
UNION OF THE COLONIES.
THE social laws of his nature, and these only,
elevate man and give him dominion over the more
powerful animals. Without combination he is
weak, and must soon perish from the earth ; but in
union there is strength. " Concentrated action is
powerful action." The colonies early felt the neces
sity of consolidation of the members of each into a
body politic, and the exercise of that partial or lim
ited sovereignty which they held ; but moreover,
of a federative union, to give them strength to re
sist outward pressure common to them all. The
union of their forces in their conflicts with the In
dians had taught them its importance ; and " the
vicinity of the Dutch, a powerful neighbor, whose
claims Connecticut could not, single-handed, de
feat, led the colonists of the West to renew the
negotiation for a union, and with such success that,
within a few years, THE UNITED COLONIES OF
NEW ENGLAND were made all as one." (Bancroft,
UNION OF THE COLONIES. 59
i. 420.) " The Union embraced the separate gov
ernments of Massachusetts, Plymouth, Connecticut,
and New Haven ; but to each its respective local
jurisdiction was carefully reserved. The question of
State rights is nearly two hundred years old. [This
was in 1643.] The affairs of the confederacy were
intrusted to commissioners, consisting of two from
each colony."
Passing over several exemplifications of the
same character, let us attend for a moment to the
case of 1754. A hundred and eleven years of very
varied experience had enforced upon the minds of
the colonists the importance of the maxim which
soon came to be a song in the mouth of every
schoolboy : " United we stand, divided we fall."
Yea, this conviction had worked itself deeply into
the minds of the British nation, for in its conflicts
with its "natural enemy/ the royal government
was made to feel, more than once, that the colonies
were an element of strength ; for the French were
resisted successfully, and could only be successfully
resisted and driven from America, by the aid of
colonial power cooperating with that of the mother
country. Consequently, whilst the cloud of a new
French war was lowering in the dim distance, the
British Government, departing from their habitual
policy of preventing the colonies from intimate con-
(50 POLITICAL FALLACIES.
nections among themselves, invited a congress of
deputies from all the colonies to meet in Albany,
New York. " With a view to this end, an order
was sent over by the Lords of Trade [trade always
governs England], directing that commissioners
should be appointed in several of the provinces to
assemble at Albany. The immediate object was to
conciliate the Six Nations, by giving them presents,
and renewing a treaty by which they should be
prevented from going over to the French, or being
drawn away by the Indians under their influence."
"The day appointed for the assembling of the
commissioners was the 14th of June, 1754, at Al
bany, but they did not meet till the 19th, when it
was found that the following colonies were repre
sented, namely, New Hampshire, Massachusetts,
Rhode Island, Connecticut, New York, Pennsyl
vania, and Maryland. The whole number appoint
ed was twenty-five, who all attended. Franklin
was one of the delegates from Pennsylvania."
(Franklin s Works, vol. iii., p. 22.)
On his way to Albany, Franklin, whose inven
tive genius was ever on the alert, conceived the idea
of a more extended and permanent union of the
colonies. If he seems to have reasoned if, for
repelling the 1 Indians and French, a temporary
union by representatives of the northern colonies is
UNION OF THE COLONIES. 61
deemed by England to be important, why not en
hance the importance by a permanent union of all
the colonies ? Can the beneficial effects of combi
nation be only a temporary expedient ? Conse
quently he drew up a very brief sketch of a plan of
union with a view to permanency. This paper he
left with a friend in New York, with the following
note :
" NEW YOKE, June 8th, 1754.
"Mr. Alexander is requested to peruse these
Hints, and make remarks in correcting or improv
ing the scheme, and send the paper with such
remarks to Dr. Golden for his sentiments, who is
desired to forward the whole to Albany, to their
very humble servant, B. FRANKLIN."
" While the Indian business was in progress/
says Sparks, the historian and editor of Franklin s
works, iii. 23, " the subject was brought before the
convention. Under date of June 24th, the follow
ing record is found in the journal :
" A motion was made that the commissioners
deliver their opinion whether a union of all the col
onies is not at present absolutely necessary for their
security and defence. The question was accordingly
put and passed in the affirmative unanimously."
A committee of one from "each government"
62 POLITICAL FALLACIES.
was appointed to digest and report a plan of
union. Franklin s sketch is in the words follow
ing, namely, " A GOVERNOR-GENERAL, to be ap
pointed by the king ; to be a military man ; to
have a salary from the crown ; to have a negation
on all acts of the Grand Council, and carry into ex
ecution whatever is agreed upon by him and the
Grand Council. GRAND COUNCIL : One member
to be chosen by the Assembly of each of the smaller
colonies, and two or more by each of the larger, in
proportion to the sums they pay into the general
treasury. MEMBERS PAY : shillings sterling
per diem during their sitting, and mileage for trav
elling expenses. PLACE AND TIME OF MEETING :
To meet times in the year, at the capital of each
colony, in course, unless particular circumstances
and emergencies require more frequent meetings,
and alterations in the course of places. The Gov
ernor-General to judge of those circumstances, &c.,
and to call by his writs. GENERAL TREASURY :
Its fund, an excise on strong liquors, pretty equally
drank in the colonies, or duty on liquor imported,
or shillings on each license of a public house, or
excise on superfluities, as tea, &c. &c. All which
would pay in some proportion to the present wealth
of each colony, and increase as that wealth increases,
ind prevent disputes about inequalities of quotas.
UNION OF THE COLONIES. 63
To be collected in each colony and lodged in their
treasury, to be ready for the payment of orders
issuing from the Governor- General and the Grand
Council jointly. DUTY AND POWER OF THE GOV
ERNOR-GENERAL AND GRAND COUNCIL : To order
all Indian treaties. Make all Indian purchases not
within proprietary grants. Make and support new
settlements, by building forts, raising and paying
soldiers to garrison the forts, defend the frontiers,
and annoy the enemy. Equip guard vessels to
scour the coasts from privateers in time of war, and
protect the trade, and everything that shall be found
necessary for the defence and support of the colonies
in general, and increasing and extending their set
tlements, &c. For the expense they may draw on
the fund in the treasury of any colony. MANNER
OF FORMING THIS UNION i The scheme, being first
well considered, corrected, and improved by the
commissioners at Albany, to be sent home, and an
act of parliament for establishing it."
It will be seen that these Hints are the sub
stance of the plan reported by the committee. We
shall here present it as adopted by the convention,
omitting the exposition and defence of the articles,
as presented by Sparks, vol. iii., 32 to 55, with,
however, the strong recommendation to the reader
that he carefully inspect the whole. I shall num-
64 POLITICAL FALLACIES.
ber the articles for convenient reference. They
first show the weakness and inefficiency of the
colonies for want of a common bond, and then
come to the unanimous resolution " that a union
of all the colonies is absolutely necessary for their
preservation." Then, to insure its perpetuity and
to forefend secession, they remark : " Yet, as any
colony, on the least dissatisfaction, might repeal its
act [of entering the union], and thereby withdraw
itself from the union, it would not be a stable one,
or such as could be depended on ; for, if only one
colony should, on any disgust, withdraw itself,
others might think it unjust and unequal, that
they, by continuing in the union, should be at the
expense of defending a colony which refused to
bear its proportionable part, and would therefore,
one after another, withdraw, till the whole would
crumble into its original parts." Therefore the
commissioners came to another previous resolution,
" that it was necessary the union should be estab
lished by an act of parliament."
I. PRESIDENT-GENERAL.
That the said general government be adminis
tered by a President-General, to be appointed and
supported by the crown ; and a Grand Council, to
UNION OF THE COLONIES. 65
be chosen by the representatives of the people of
the several colonies met in their respective assem
blies.
II. PLACE OF FIRST MEETING-.
who shall meet for the first time at the city
of Philadelphia, in Pennsylvania, being called by
the President- General as soon as conveniently may
be after his appointment.
III. NEW ELECTIONS.
That there shall be a new election of the mem
bers of the Grand Council every three years ; and,
on the death or resignation of any member, his
place should be supplied by a new choice at the
next sitting of the Assembly of the colony he
represented.
IV. PEOPOETION OF MEMBERS AFTER THE FIRST THREE
YEARS.
That after the first three years, when the pro
portion of money arising out of each colony to the
general treasury can be known, the number of
members to be chosen for each colony shall, from
time to time, in all ensuing elections, be regulated
by that proportion, yet so as that the number to be
66 POLITICAL FALLACIES.
chosen by any one province be not more than seven
nor less than two.
V. MEETING OF THE GKAND COUNCIL, AND CALL.
That the Grand Council shall meet once in
every year ; and oftener if occasion require, at such
time and place as they shall adjourn to at the last
preceding meeting, or as they shall be called to
meet at by the President-General on any emer
gency ; he having first obtained in writing the
consent of seven of the members to such call, and
sent due and timely notice to the whole.
VI. CONTINUANCE.
That the Grand Council have power to choose
their speaker ; and shall neither be dissolved, pro
rogued, nor continued sitting longer than six weeks
at one time, without their own consent or the special
command of the crown.
vn. MEMBERS ALLOWANCE.
That the members of the Grand Council shall
be allowed for their service ten shillings sterling
per diem, during their session and journey to and
from the place of meeting, twenty miles to be
reckoned a day s journey.
UNION OF THE COLONIES. 67
VIII. ASSENT OF PEESIDENT-GENEEAL, AND HIS DUTY.
That the assent of the President-General be
requisite to all acts of the Grand Council, and that
it be his office and duty to cause them to be carried
into execution.
IX. POWEE OF PEESIDENT-GENEEAL AND GEAND COUN :
CIL ; TEEATIES OF PEACE AND WAE.
That the President-General, with the advice
of the Grand Council, hold or direct all Indian
treaties, in which the general interest of the colo
nies may be concerned ; and make peace or declare
war with Indian nations.
X. INDIAN TEADE.
That they make such laws as they judge neces
sary for regulating all Indian trade.
XI. INDIAN PUECHASES.
That they make all purchases from Indians for
the crown, of lands not within the bounds of par
ticular colonies, or that shall not be within their
bounds when some of them are reduced to more
convenient dimensions.
68 POLITICAL FALLACIES.
XII. NEW SETTLEMENTS.
That they make new settlements on such pur
chases, by granting lands in the king s name, reserv
ing a quit rent to the crown for the use of the gen
eral treasury.
XIII. LAWS TO GOVERN THEM.
That they make laws for regulating and govern
ing new settlements, till the crown shall think fit
to form them into particular governments.
*.
XFV. RAISE SOLDIERS AND EQUIP VESSELS, ETC.
That they raise and pay soldiers and build forts
for the defence of any of the colonies, and equip
vessels of force to guard the coasts and protect the
trade on the ocean, lakes, or great rivers ; but they
shall not impress men in any colony, without the
consent of the legislature.
XV. POWER TO MAKE LAWS, LAY DUTIES, ETC.
That for these purposes they have power to
make laws, and lay and levy such general duties,
imposts, or taxes, as to them shall appear most
equal and just (considering the ability and other
UNION OF THE COLONIES. 69
circumstances of the inhabitants in the several col-
onies), and such as may be collected with the least
inconvenience to the people ; rather discouraging
luxury, than loading industry with unnecessary
burdens.
XVI. GENERAL TREASURE AND PARTICULAR TREASURE.
That they appoint a General Treasurer, and
particular treasurer in each government, when ne
cessary ; and from time to time may order the sums
in the treasury of each government into the general
treasury, or draw on them for special payments,
as they find most convenient.
XVII. MONEY, HOW TO ISSUE.
Yet no money is to issue but by joint orders
of the President-General and Grand Council ; ex
cept where sums have been appropriated to partic
ular purposes, and the President-General is previ
ously empowered by an act to draw such sums.
XVIII. ACCOUNTS.
That the general accounts shall be yearly set
tled, and reported to the several assemblies.
XIX. QUORUM.
That a quorum of the Grand Council, empow-
70 POLITICAL FALLACIES.
ered to act with the President-General, do consist
of twenty-five members ; among whom there shall
be one or more from a majority of the colonies.
XX. LAWS TO BE TRANSMITTED.
That the laws made by them for the purposes
aforesaid shall not be repugnant, but, as near as
may be, agreeable to the laws of England, and
shall be transmitted to the king in council for ap
probation; and if not disapproved within three
years after presentation, to remain in force.
XXI. DEATH OF THE PRESIDENT-GENERAL.
That, in case of the death of the President-
General, the speaker of the Grand Council for the
time being shall succeed, and be vested with the
same powers and authorities, to continue till the
king s pleasure be known.
XXII. OFFICERS, HOW APPOINTED.
That all military commission officers, whether
for land or sea service, to act under this general
constitution, shall be nominated by the President-
General ; but the approbation of the Grand Coun
cil is to be obtained before they receive their com
missions : and all civil officers are to be nominated
UNION OF THE COLONIES. 71
by the Grand Council, and to receive the President-
General s approbation before they officiate.
XXIII. VACANCIES, HOW SUPPLIED.
But, in case of vacancy by death or removal of
any officer, civil or military, under this constitution,
the Governor of the province in which such vacan
cy happens may appoint, till the pleasure of the
President -General and Grand Council can be
known.
XXIV. EACH COLONY MAT DEFEND ITSELF ON EMER
GENCY, ETC.
That the particular military as well as civil
establishments in each colony remain in their pres
ent state, the general constitution notwithstand
ing ; and that on sudden emergencies any colony
may defend itself, and lay the accounts of expense
thence arising before the President-General and
Grand Council, who may allow and order payment
of the same, as far as they judge such accounts just
and reasonable.
On these Hints and this Plan the reader will
make his own comments, whilst I remark :
1. The purpose for which they are adduced they
do surely accomplish : they prove the deep feeling
72 POLITICAL FALLACIES.
conviction of this body, of the indispensable neces
sity for a UNION of the colonies.
2. They view and speak of the colonies as gov
ernments xiii, xvi and denominate what they
propose the " General Government/ (i.)
3. They call this a constitution, a " general con
stitution." (xxii, xxiii, xxiv.)
4. It creates and involves all the proper powers
of a government, except that it establishes no ju
diciary. Legislative authority is fully recognised,
with power to execute their own laws, subject only to
the veto of the crown for three years, (xv, xvii, xvii.)
In this it goes far beyond " The Articles of Confed
eration and Perpetual Union/ as we shall more
fully see hereafter.
5. This Plan of Union bears all the marks of
that original genius which produced the Hints.
Manifestly Franklin was the father of it ; and as he
was the only man who sat in the convention, and
also, thirty-three years afterwards, in this conven
tion to form our present Constitution, it is impossi
ble to doubt his great weight and influence in in
fusing the substance of this Plan into the more
matured system that now (September 9th, 1862) is
to be subverted.
6. England s necessity constrained her to teach
to the colonies this great and important lesson of
UNION OF THE COLONIES. 73
union in order to strength. The lords of trade, to
save money, of course, and to prevent interruption
of trade, suggested the hint of a union of the col
onies in their own defence against France and the
Indians, which nineteen years later was matured
into a union of the colonies against England and
the same Indians.
Let us advert to a few other moves made in this
direction. And here it is deeply interesting to notice,
by the dates, how almost miraculously the spirit of
freedom and union moved the masses at the same
moment over all the land. Charleston, S. C., June,
1774, a public meeting having been called and hav
ing deliberated, did unanimously agree to "such
steps as are necessary to be pursued, in union with
the inhabitants of all our sister colonies on this
continent, in order to arrest the dangers impending
over American liberties in general/ 7 (See Amer.
Archives, 4th series, vol. i, p. 409.)
Newport, Khode Island, June 13, 1774, the
General Assembly met, and on the 15th passed the
following : " Eesolve 1st. That it is the opinion of
this Assembly that a firm and inviolable union of
all the colonies, in counsel and measures, is abso
lutely necessary for the preservation of their rights
and liberties." (P. 416.) The Eesolve 2cl appoints
Samuel Hopkins and Henry Ward " to represent
4
74 POLITICAL FALLACIES.
/
the people of this colony in a general congress of
representatives from other colonies," &c.
June 14, 1774,, Charles County Court House,
Port Tobacco, Md. " Kesolve 5th. It is the opinion
of this meeting that a congress of deputies from the
several colonies will be the most probable means of
uniting America in one general measure to effectu
ate a repeal of the said act of Parliament" (the
Boston Port bill).
" At a meeting of the inhabitants of the borough
of Lancaster, Penn., at the Court House in said
borough, on Wednesday, the 15th day of June, 1774,
Agreed, that to preserve the constitutional rights
of the inhabitants of America, it is incumbent on
every colony to devise and use the most effectual
means to procure a repeal of the late act of Parlia
ment against the town of Boston." (P. 415.)
Massachusetts House of Eepresentatives, June
17th, 1774, " do resolve, that a meeting of commit
tees from the several colonies on this continent is
highly expedient and necessary. That the Honor
able James Bowdoin, Esq., the Honorable Thomas
Gushing, Esq., Mr. Samuel Adams, John Adams, and
Kobert Treat Paine, Esqs., be, and they are hereby
appointed a committee on the part of this province
for the purposes aforesaid, any three of whom shall
be a quorum, to meet such committees or delegates
UNION OF THE COLONIES. 75
from the other colonies as have been or may be ap
pointed."
Easton public meeting, June 21, 1774. Kesolve
" 3d. That it is our opinion the most constitutional
and effectual method of obtaining such redress, is
by having a general congress of committees, to be
composed and chosen out of the members of the
different assemblies of each colony." (P. 436.)
" Pennsylvania convention, July 15, 1774,
Philadelphia. Kesolved unanimously, That there
is an absolute necessity that a congress of deputies
from the several colonies be immediately assembled,
to consult together and form a general plan of con
duct to be observed by all the colonies." (P. 556.)
This resolution was shortly afterward adopted
and passed by the Legislature. (P. 606.)
This is a sample and selection of the incipient
measures toward a Continental Congress and a
union of the colonies. Accordingly the meeting
took place. On the 5th of September, 1774, the
committees from twelve colonies assembled in the
Carpenters Hall, Chestnut street, Philadelphia.
Virginia was represented by Peyton Randolph,
George Washington, Patrick Henry, Richard Bland,
Benjamin Harrison, and Edmund Pendleton. Alas !
where noiv shall we look for such names ? The
committees proceeded to organize and form them-
76 POLITICAL FALLACIES.
selves and their constituents into a unit. They
unanimously elected as their president the oldest
man, and from the oldest colony, Peyton Kandolph.
(P. 893.) Now they are one body, and as a body
transacted much business in little time and with
amazing unanimity, for it had one spirit and one
life. It passed resolutions ; it discussed the inter
est of the country ; it adopted and signed articles
of association pledging abstinence from the use of
goods, " the growth, produce, and manufacture of
Great Britain ; " it published a bill of rights ; an
address " to the people of Great Britain ; " one " to
the inhabitants of these colonies ; " one " to the
inhabitants of the province of Quebec/ 7 in which
they urge them to unite their destinies with their
own. " In order to complete this highly desirable
union, they say, we submit it to your consideration,
whether it may not be expedient for you to elect
deputies to represent your province in the Conti
nental Congress to be held at Philadelphia on the
I0th day of May, 1775." (See Amer. Arch., 4th
series, vol. ii, p. 1819.)
There is an incident mentioned in a note at the
bottom of the page, in which was displayed the
spirit of liberal hospitality that to-day character
ises the birthplace of independence and the home
of freedom. A few days after this unparalleled
UNION OF THE COLONIES. 77
band of sages constituted " the United Colonies/
as they called themselves, an elegant dinner was
given by the friends of the great cause : a series of
toasts was prepared and drunk ; the fifth is in these
notable words : " PERPETUAL UNION TO THE COL
ONIES."
On the 10th of May, 1775, "the Continental
Congress/ this grand committee of the colonies,
again assembled in the same place, and elected the
same president. From their acts let us proceed in
the evidence of unity. We have already seen them
constitute what Kant would call " the unity of the
diverse," and neither they nor any others conceived
or viewed them in any other light than that of a
unit the United Colonies in Congress assembled.
No body of men ever did or ever could feel them
selves more perfectly united more truly one. As
a grand committee of the colonies they met : they
organized by the appointment of all officers usual
and necessary for aggregate masses met for delibe
ration. They transacted business in the name and
by the authority of the colonies united. Not a few
people, stuck on to the side of a barbarous continent,
only looked on and took an interest in their delib
erations and decisions. The British king and peo
ple, France, the civilized world, stood in mute as
tonishment Humanity held its breath, and Liberty
78 POLITICAL FALLACIES.
trembled and sighed for the results. Such a "body
of men she had not before seen assembled in her
cause. She had hovered over the Amphictyonic
hall and listened to the last thrilling eloquence of
Greece s most illustrious orator ; she had given an
attentive ear to the silvery tones of Koine s most
illustrious orator ; but never did she look in upon
the deliberations of any assembly with more intense
interest than when, on the 15th of June, 1775, the
United Colonies in congress assembled passed the
resolution, " That a General be appointed to com
mand all the continental forces raised, and to be
raised, for the defence of American liberty.
" That five hundred dollars per month be allow
ed for his pay and expenses." .
" The Congress then proceeded to the choice of
a General, when George Washington, Esq., was
unanimously elected."
Nor did she abate a hair of her high hopes, when,
next day, upon the announcement, by the president
of this august body, being made to him of his ap
pointment, the General elect delivered the following
speech :
" Mr. President : Though I am truly sensible
of the high honor done me in the appointment, yet
I feel great distress, from, a consciousness that my
abilities and military experience may not be equal
UNION OF THE COLONIES. 79
to the extensive and important trust. However, as
the Congress desire it, I will enter upon the mo
mentous duty, and exert every power I possess in
their service and for the support of the glorious
cause. I beg they will accept my most cordial
thanks for this distinguished test of their appro
bation.
" But lest some unlucky event should happen,
unfavorable to my reputation, I beg it may be re
membered, by every gentleman in the room, that I
this day declare, with the utmost sincerity, I do not
consider myself equal to the command I am honored
with.
"As to pay, sir, I beg leave to assure the Con
gress, that as no pecuniary consideration could have
tempted me to accept this arduous employment, at
the expense of domestic ease and happiness, I do
not wish to make any profit from it. I will keep an
exact account of my expenses. These, I doubt not,
they will discharge, and that is all I desire."
(P. 1848.)
Oh ! what a contrast this forms with many
who are now in similar employment in our country.
Look at the modesty, and even diffidence, and
bring it up alongside of the boldness and self-
sufficiency which continually present themselves.
We have men by hundreds, almost by thousands,
80 POLITICAL FALLACIES.
who feel delightfully assured and conscious that
their abilities, military experience (present, but
rather prospective), are fully equal to the command
they wish to be honored with. Then again, look at
the self-sacrifice and entire disinterestedness that
refuses all pecuniary compensation and reward!
and contrast it with the thousand speculators in
the material of war and in the commissions required
to use or destroy them.
But we may not turn aside from our line of
march in pursuit of evidence of unity. The next
step carries us forward but a single day. On the
17th of June, 1775, and at the very hour when the
blood of Warren and his illustrious fellow heroes
was baptizing Bunker Hill to freedom s cause, the
commission was adopted and handed to the Gen
eral-in-Chief. I need not copy the whole. Thus
on the record it begins and ends viz. : " The
Delegates of the United Colonies of New Hamp
shire," &c., &c.
"To George Washington, Esquire: We, repos
ing special trust in your patriotism, valor, conduct,
and fidelity, do, by these presents, constitute and
appoint you to be General and Conimander-in-Chief
of the Army of the United Colonies," &c.
And in the last paragraph, they instruct him
to regulate all his conduct and " follow such orders
UNION OF THE COLONIES. 81
and directions, from time to time, as you snail re
ceive from this or a future Congress of the United
Colonies, or committee of Congress."
Thus, three times in Washington s commission,
do they affirm the existence of the Union.
Let us see what evidence of its union preexist-
ent is contained in the Declaration. They were
known as the United Colonies by England herself,
and by the world, anterior to their own declaration
of nationality, and to its recognition by any of the
nations ; and thus it continued up to July 4, 1776,
when they changed their name, not by rejecting the
term united, but by rejecting Colonies and insert
ing States.
Here let me say, it is eminently due to truth
and right to insist upon the fact that, until this
point of time, no colony was a sovereign power
none put in the claim to be a sovereign power.
Every colony acknowledged fealty to the British
crown. The very name by which each denominat
ed itself, by which the relation between them and
Britain was habitually designated, and by which
every nation on the globe recognized them the
very name by which the immortal Declaration itself
designates them the name colony testifies that
they were not sovereign powers. An association of
men, in a colonial condition, may have, indeed must
4*
82 POLITICAL FALLACIES.
have and exercise many of the rights, privileges,
and powers which are comprehended under the idea
of sovereignty ; but some, and those the higher
attributes of sovereignty, they cannot have. To
be a colony, and to be a sovereign power, are con
tradictories, and can never agree. Try the combi
nation, and see whether it be not only absurd in
the very expression, but ridiculous. A sovereign
colony ! !
The unity for which we contend is assumed in
the very first sentence of the Declaration : " When,
in the course of human events, it becomes necessary
for one people to dissolve the political bonds which
have connected them with another, and to assume
among the powers of the earth the separate and
equal station," &c. Here, demonstratively evident
it is, that the colonies are a unit in this action
" ONE PEOPLE," and, moreover, that hitherto they
were not none of them even not one of them was
a sovereign power not one of them had ever as
sumed among the powers of the earth a separate
and equal station.
We proceed to the Declaration proper : " We,
therefore, the representatives of the UNITED STATES
OF AMERICA, in GENERAL CONGRESS assembled, ap
pealing to the SUPREME JUDGE of the world for the
rectitude of our intentions, do, in the name and by
UNION OF THE COLONIES. 83
the authority of the good people of these colonies,
solemnly publish and declare, that these United
Colonies are, and of right ought to be, free and
independent States ; that they are absolved from
all allegiance to the British crown, and that all
political connection between them and the state of
Great Britain, is and ought to be totally dissolved ;
and that, as FREE AND INDEPENDENT STATES, they
have full power to levy war, conclude peace, con
tract alliances, establish commerce, and to do all
other acts and things which INDEPENDENT STATES
may of right do. And, for the support of this
declaration, with a firm reliance upon the protec
tion of DIVINE PROVIDENCE, we mutually pledge
to each other our lives, our fortunes, and our sacred
honor."
This most illustrious document is known the
world over as the Declaration of Independence,
and the whole civilized world has long ago inter
preted it for themselves. It is perhaps the sim
plest, the plainest, and most unsophisticated docu
ment in the world. Nevertheless, it can be it has
been, misconstrued, and perverted to purposes so
foul as to make all humanity weep, and pandemo
nium exult. But let us honestly ask :
1st. Independence on what, is herein declared ?
All civilized humanity returns but one answer
84 POLITICAL FALLACIES.
independence on "the state of Great Britain/
"All political connection between them and the
state of Great Britain is, and ought to be, totally
dissolved."
2d. But who are thus independent ? Those who
make the declaration. "We, the representatives
of the United States of America." Surely not the
individual men ; but the representatives.
Now a representative must represent some per
sons, and these persons are his principals his con
stituents ; and he acts for them and by their author
ity. The question then reverts, whom did they
represent ? by whose authority did they act ? "In
the name, and by the authority of the good people
of these colonies." There it is, just as now in our
Constitution : " We, the PEOPLE," but acting through
our representatives. As in the Constitution, "We,
the People of the United States, do ordain and
establish this constitution ; so here, We, the PEOPLE,
do make this declaration. In both, the people are
taken collectively as a unit " one people."
3d. But are not the colonies to be taken sever
ally ? Are they not the constituents of the repre
sentatives ? Did not the colonial legislatures
appoint the members to the Congress ? This last
case is true they were appointed by the assem
blies ; but it does not hence follow that they do
UNION OF THE COLONIES. 85
not represent the people and act by their authority,
for they say they do. The colonies cannot be
viewed severally, for the very terms of the Declara
tion assure us that they are the representatives,
not of the colonies severally, but "of the United
States, in general congress assembled " jointly, as
a unit. Besides, we have seen most abundantly
that even when they first met, September 5, 1774,
they declared themselves united, and acted all along
as one body ; and Mr. Madison says :
"I hold it for a fundamental point, that an
individual independence of the States is utterly
irreconcilable with the idea of an aggregate sov
ereignty." (See Mad. Papers, p. 631).
General 0. C. Pinckney says (see Elliott s De
bates, vol. iv, p. 301) : " The separate indepen
dence and individual sovereignty of the several
States were never thought of by the enlightened
band of patriots who framed this Declaration [he
had just quoted the declaratory clause above cited] ;
the several States are not even mentioned by name
in any part of it, as if it was intended to impress
this maxim on America, that our freedom and in
dependence arose from our Union, and that without
it we could neither be free nor independent. Let
us, then, consider all attempts to weaken this
Union, by maintaining that each State is separate-
86 POLITICAL FALLACIES.
ly and individually independent, as a species of
political heresy, which can never benefit us, but
may bring on us the most serious distresses/
What a prophetic insight this most noble of South
Carolinians had into our system and the basis on
which it rests ! " Most serious distresses " alas !
how they hang as a cloud of blood upon the land,
precipitated in a deluge by this " political heresy ! "
And his noble compeer, Hon. Charles Pinckney,
after remarking " that this is the best government
that has ever yet been offered to the world, " added
that without public spirit, "the national Union
must ever be destroyed by selfish views and private
interest/ " He said that, with respect to the Union,
this can only be remedied by a strong government,
which, while it collects its powers to a point, will
prevent that spirit of disunion from which the
most serious consequences are to be apprehended.
He begged leave, for a moment, to examine what
effect this spirit of disunion must have upon us, as
we may be affected by a foreign enemy. It weak
ens the consistency of all public measures, so that
no extensive scheme of thought can be carried into
action, if its accomplishment demands any long
continuance of time. It weakens not only the con
sistency, but the vigor and expedition of all public
measures ; so that, while a divided people are con-
UNION OF THE COLONIES. 87
tending about the means of security or defence, a
united enemy may surprise and invade them.
These are the apparent consequences of disunion/
(See Elliott s Debates, iv, 261.)
How imminent this danger of disunion at the
present time ! How easy it will be for France and
England, when we shall have still further exhausted
ourselves by this war of disunion, to step in and
wind up the Kepublic, and partition it out among
the despots of the old world ; and thus put an end
to the troubles which the spirit of freedom from our
country has afforded to despotic power ! Ay !
and how highly probable it is that this purpose
lies at the foundation of their neutral policy ; a
neutral policy which is the most likely course they
could pursue to be successful, on the supposition
which doubtless is the truth as to the monarchy
and the aristocracy that their object was the de
struction of free government from the earth.
Hon. Kobert Barnwell expressed himself equal
ly strong on the vital necessity of Union. In re
sponding to Mr. Lowndes, he alleged that his whole
course against the Constitution had "as the basis
of his objections, that the Eastern States entertained
the greatest aversion to those which lay to the
South, and would endeavor in every instance to
oppress them. This idea he considered as founded
88 POLITICAL FALLACIES.
in prejudice, and unsupported by facts. To prove
this assertion, Mr. B. requested gentlemen for a
moment to turn their attention to the transactions
which the late war has engraved upon the memory
of every man. When the arm of oppression lay
heavy on us ; were they not the first to arouse them
selves ? When the sword of civil discord was*
drawn, were they not the first in the field ? When
war deluged our [their ?] plains with blood, what
was their language ? Did they demand the South
ern troops to the defence of the North ? No ! Or,
when war floated to the South, did they withhold
their assistance ? The answer was the same.
When we stood with the spirit, but weakness of
youth, they supported us with the vigor and pru
dence of age. When our country was subdued,
when our citizens submitted to superior power, it
was then these States evinced their attachment.
He (Mr. Barnwell) saw not a man [it was in the
South Carolina Legislature these things were said,
when the question of calling a convention to ratify
the United States Constitution was under discus
sion] He saw not a man who did not know that
the shackles of the South were broken asunder by
the arms of the North."
Gen. Pinckney had said a little before, p. 283,
in reply to the same Mr. Lowndes : "The honor-
UNION OF THE COLONIES. 89
able gentleman alleges that the Southern States are
weak. I sincerely agree with him. We are so weak
that by ourselves we could not form a union strong
eDOUgh for the purpose of effectually protecting
each other. Without union with the other States,
South Carolina must soon fall. Is there any one
among us so much a Quixote as to suppose that
this State could long maintain her independence if
she stood alone, or was only connected with ^ the
Southern States ? I scarcely believe there is," &c.
Such were the sentiments of the great men of
the South : alas ! have the blood and spirit of the
revolutionary patriots evaporated entirely from
their soil ?
Nor did the great men of Virginia come short
of these South Carolina witnesses for the truth. In
the debates of the convention on the United States
Constitution, Grov. Eandolph winds up a powerful
speech, in reply to Mr. Henry, who displayed not the
statesman but the demagogue throughout, thus : " I
shall conclude with a few observations, which come
from my heart. I have labored for the continuance
of the Union the rock of our salvation. I believe
that, as sure as there is a God in heaven, our safety,
our political happiness and existence, depend on the
union of the States ; and that without this union,
the people of this and the other States will undergo
90 POLITICAL FALLACIES.
the unspeakable calamities which discord, faction,
turbulence, war, and bloodshed have produced in
other countries. The American spirit ought to be
mixed with American pride to see the Union mag
nificently triumphant. Let that glorious pride,
which once defied the British thunder, reanimate
you again. Let it not be recorded of Americans,
that, after having performed the most gallant ex
ploits, after having overcome the most astonishing
difficulties, and after having gained the admiration
of the world by their incomparable valor and policy,
they lost their acquired reputation, their national
consequence and happiness, by their own indiscre
tion. Let no future historian inform posterity that
they wanted wisdom and virtue to concur in any
regular, efficient government. Should any writer,
doomed to so disagreeable a task, feel the indigna
tion of an honest historian, he would reprehend and
criminate our folly with equal severity and justice.
Catch the present moment, seize it with avidity
and eagerness for it may be lost, never to be
regained ! If the Union be now lost, I fear it will
remain so forever. I believe gentlemen are sincere
in their opposition, and actuated by pure motives ;
but, when I maturely weigh the advantages of the
Union, and dreadful consequences of its dissolu
tion ; when I see safety on my right, and destruc-
UNION OF THE COLONIES. 91
tion on my left ; when I behold respectability and
happiness acquired by the one, but annihilated by
the other I cannot hesitate to decide in favor of
the former." (Elliott s Debates, iii, 85, 86.) And
thus throughout, the great ones of the country,
North and South, believed the Union preceded the
Declaration, and formed its basis ; and, by conse
quence, was indispensable to our freedom and na
tionality.
But the most indubitable evidence, a posteri
ori, as it were, of the Declaration being based and
founded in union that the independence was not
of one another, but only of the state of Great
Britain is found in the subsequent history. Had
it been their intention to assert for each State in
dependence of all and every other had they not
designed to assume and vindicate political inde
pendence and unlimited political sovereignty for
the Union only, and not for the colonies severally
then assuredly we should have seen the States, each
for itself, at once arrogating to themselves and ex
ercising all the attributes of sovereignty which, in
the Declaration, had been withdrawn from the Brit
ish crown. Each State must " have full power to
levy war, conclude peace, contract alliances, estab
lish commerce, and to do all other acts and things
which INDEPENDENT STATES may of right do."
92 POLITICAL FALLACIES.
But now, what is the fact, as it looms out from
their whole history ? Did any of the States assume
the exercise of these powers, or claim the abstract
right even so to do ? We have seen how jealousy
of local colonial rights displayed itself in the little
colonies of Plymouth, Connecticut, and New Haven,
when they, with Massachusetts, formed " the United
Colonies of New England." And how much more
must this spirit have displayed itself, had the
thought ever been entertained that the Declara
tion made thirteen independent sovereignties
thirteen nations. No ; it is preposterously absurd
and untrue, that any one State supposed this to be
the intent of the act of separation. No ; the
foundation corner-stone of independence is UNION.
Without antecedent, and coexistent, and the firm
faith in subsequent union, the idea of independence
had never been entertained. No State ever declared
independence. Katify the act of July 4th, the peo
ple and States did oftentimes, as we do to-day in
all our meetings ; but a declaration of independence
by a State, averring itself to be a sovereign power
this is unknown to history. What State ever de
clared war, contracted alliances, received or sent
out ambassadors to other nations ?
But again, similar irresistible evidence is de
duced from the notable fact, that no foreign power
UNION OF THE COLONIES. 93
ever recognized such State independent sovereignty.
What nation ever sent an ambassador to the na
tional government of Pennsylvania, Virginia, Mas
sachusetts ! ! The thing is utterly unheard of
never was done never could be done.
Yet, the higher attributes of sovereignty having
been withdrawn, on the formal ground of forfeiture
under the laws of God, on account of non-user and
abuse, these did not fall to the ground and leave
the people of America in a state of anarchy. The
Great God, who rules the destiny of men and of
nations, and who is trying His grand experiment of
free government on this broad continent, has so
adjusted His divine plan as to leave nothing to the
whim or caprice, the folly or the madness of a few
ambitious and misguided men. He knows how to
overrule these human attributes for its furtherance ;
He maketh the wrath and other sinful passions of
man to praise Him, and restraineth the remainder.
It will be necessary, to a due appreciation of the
Divine scheme, that we revert to the political state
of the colonies preceding the Declaration ; that we
study to understand the true nature and position
of the Continental Congress, and - then those of
the Constitutional Convention, and their work.
These three in order.
CHAPTEE VII.
POLITICAL CONDITION OF THE COLONIES WHEN THE
DECLARATION WAS TITTERED.
IN the chapter on Sovereignty (IV) we had
occasion to say that only parts of it can be trans
ferred from and by the people, where God has
placed it. It is utterly impossible that any one
man, or any one association of men, can attend to
the minute and multitudinous affairs of a great
people. Moses was overburdened by the weight of
his duties as a ruler, supernaturally thrown upon
him, and sustained as he was by supernatural
powers. Seventy-two vice-presidents, additional to
the elders that came out of Egypt, were appointed,
to relieve him of parts of the sovereignty. Still,
this was an inadequate distribution, and hundreds
of subordinate officers were spread all over the ten
thousands of Israel. Every one of these officers,
by consent indeed by formal election at first of
the people, exercised within his particular sphere
a portion of the sovereign power of ruling or gov-
POLITICAL CONDITION OF THE COLONIES. 95
erning. Similar was the condition of things with
us. When we approached the Keel Sea of our
bloody Kevolution ; our twelve tribes were not a
loose rabble ; but, like Israel, each tribe had its
officers, adapted to all the details of business in
dispensable in so large a community. Legislative,
executive, and judicial officers, for the management
of all the lower exercises of sovereignty, were familiar
to the people in every State. The crossing of our
Ked Sea, so far from suspending the exercise of all
these lower functions of sovereignty, left the whole
machinery in full operation, and even strengthened
and confirmed it by a perpetual union.
Let us pause here a moment, for speculation
and inquiry. What has ever been the grand
difficulty in the government of large masses of
mankind ? Has it not been this very matter of
managing the minute and innumerable details
nearest to the people ? As you descend from the
vast generalities of a mighty power, you meet the
infinite ramifications which are involved in the
necessary divisions of society. You must divide
the country into sections, states, departments,
counties, townships, corporations, precincts, wards,
families ; and for all these you must have yourj
appropriate officers, every one invested with a por
tion of the sovereignty. Now, it appears to me,
96 POLITICAL FALLACIES.
here lies the difficulty in a vast empire, under one
supreme head. This head may be wise as Solon
and energetic as Caesar ; but no man is omniscient,
no man omnipotent. Ahasuerus, with all the wis
dom of his seven chamberlains, failed in securing
honest and faithful and efficient agents to manage
his government, "from India to Ethiopia, over a
hundred and seven and twenty provinces." No
one heart has power to drive the current of political
life through the distant members of so extended a
body politic. It must stagnate at the extremities,
and ultimately convey its corruption back to the
centre. The empire of Xerxes, like his army, fell
to pieces by its expansion. Alexander s dominion
could not be sustained by one head, and perished
with him. Rome conquered herself into fragments
and fell to pieces, because she spread too wide for
the practicability of a single government. Kevo-
lutionary, republican France once Ceesar s prov
ince now mighty as old Home herself split to
pieces upon the rock of consolidation "one and
indivisible." With the e pluribus unum of the
great western republic waving its peaceful folds
within her view, she, nevertheless, never learned
its grand lesson until too late. She attempted to
govern France by one representative head, and
failed. To the United States alone has the Kuler
POLITICAL CONDITION OF THE COLONIES. 97
of the world revealed the great and priceless mys
tery of one general government, for the conduct; of
great national and international affairs, resting
upon the broad and firm basis of the people of
thirteen governments, appropriately adapted to
conduct and care for all local and, as it were,
domestic interests. This, I say, is God s revelation
to America, and to the world through her. It is a
rev elation, not oral nor written on vellum, but
providential. It is not the product of human
genius. No man studied it out ; no man planned
it. Neither the Prince of Concle nor Admiral
Coligni ; neither John Smith nor John Kobinson ;
neither Gustavus Adolphus nor Henry IV.; neither
Stuart nor Guelph ; neither Penn nor Oglethorpe
none of these, nor all combined, originated the
grand conception. In the word of God, His people
had found the representative principle basis of
democratic liberty and in His providence guided,
unconsciously to themselves, they, in the progress
of two hundred years, worked out the grand prob
lem of free government, and painted it, with their
own blood, on the blue and the white, amid the
stars of glory E PLURIBUS UXUM ; and there let it
shine, in the simplicity of its own grandeur, as long-
as a glimmering ray descends from the galaxy of
heaven.
5
98 POLITICAL FALLACIES.
The colonies, at the date of independence, were
distinct governments, in the constant exercise of a
large and important part of sovereign powers, viz.,
those which lie nearest the homes of the people
local, domestic affairs, whose range went not beyond
colonial bounds ; whilst as to exterior affairs and
the relations they sustained to other colonies and
to foreign nations in other words, as to all that
part of the sovereignty which had been hitherto
vested in and exercised by the British Government,
the States were not sovereign ; but had placed
these powers in the hands of their own agents, the
Continental Congress.
CHAPTEE VIII.
THE CONTINENTAL CONGRESS.
THE most obvious remark on this body is, that
it is provisional it is intrusted with the tempo
rary exercise of great powers, by an irregularity not
susceptible of reduction at least not susceptible
of being easily and speedily reduced to regular and
systematic form. This Congress is the residuary
legatee of a defunct sovereign ; in trust, however,
for the use of an insulted and injured people. The
higher powers of sovereignty which were held by the
crown, with consent of the colonies as far up as
1776, now reverted to the people ; yet not to them
directly, but to the hands of the Congress, previ
ously appointed as their agents to receive and exer
cise the same. These powers, it is well to repeat,
returned to the people in consequence of their for
feiture by the crown. The right to rule is derived
to the sovereign from God, through the people ;
who, constrained by the tyrannical abuse of power,
100 POLITICAL FALLACIES.
had appealed to the Supreme Euler of the universe
for its return to them, that they might vest it in
the hands of their trusty friends, who thus became
" the United States in Congress assembled/
This provisional or temporary agency, from the
necessity of the case, must exercise a large discre
tion in fulfilment of their trust. Such a transition
state, including the conduct of a seven years war,
cannot reasonably be looked to for examples of ac
curate conformity with the technical rules of law
and the forms of an organized government. Sub
stantial justice, indeed, their trust and their char
acter authorize us to expect ; but defects and irreg
ularities must not surprise us.
Hence my second general remark, that the Con
tinental Congress were not, properly speaking, a
government, but a temporary substitute in the ab
sence of a government. The analysis given in our
Constitution is true and exhaustive : government is
resolved into three elements the legislative, the
executive, and the judiciary ; but now we find
neither of these in its proper fulness of idea in the
Congress.
Not the legislative ; for, though they deliber
ated with consummate wisdom, and decided with
judgment clear and generally sound though they
passed resolutions and acts innumerable, in the na
THE CONTINENTAL CONG11E3S. 101
ture of laws and even the forms, yet they lacked
the grand element of legislation ; they had no power
to enforce their laws, which, therefore, degenerated
into simple counsel or advice. If they planned a
campaign, decreed the levying of a body of troops
and of the material and sinews of war, and struck
the proportion or quotas which each State ought to
furnish, still it depended on the good pleasure of
the States whether their decrees would be car
ried out.
As is implied in the preceding paragraph, there
was no executive head ; no civil officer endued with
power and bound to see to the execution of the
laws. Officers of the house, or special committees
for the time being, filled up this gap.
Nor was there any semblance of any organized
judiciary. Justice was administered through State
authorities, and occasionally by committees ; and
within its precincts, by military authority and
agency. But for a body of law officers, devoted to
the high and most important duty of holding courts
and administering justice, we search in vain.
At best it was a quasi government ; or, to speak
more correctly, we remark, thirdly, that this Congress
was a grand committee of the States. So Massachu
setts calls the members whom she recommends (see
ante, p. 74) " a meeting of committees from the sev-
102 POLITICAL FALLACIES.
eral colonies." So the Easton resolution, " a general
congress of committees" (p. 75, ante). It was the
age of committees ; they had committees of vigi
lance, committees of safety, &c. But what is a
committee ? A select and small number of per
sons, appointed by a deliberative body to investi
gate some special subject and report to the body for
their final action. It is of the nature of an inquest,
and is sometimes, yet rarely, clothed with executive
powers. Thus was it, to a great extent, with Con
gress. Their legislation was subject to revision by
the State Legislatures. The practical working of
the system if system it might be called shows
the extreme jealousy of the people in reference to
the higher functions of sovereignty. The abuses
of them by the government at "home/ as the
Plan of Union calls the crown authorities, made
them very cautious how they intrusted them even
to their own committees ; and hence they reserved
the right to recall members at pleasure, and to ap
point others.
CHAPTER IX.
THE ARTICLES OF CONFEDERATION AND PERPETUAL
UNION.
ON the llth day of June, 1776, a committee
was appointed " for preparing the Declaration/ and
the next entry on the record is : " Resolved, that a
committee be appointed to prepare and digest the
form of a confederation to be entered into between
these colonies/ On the next day this was done
by taking one member from each colony. This
committee reported on the 12th of July, when
eighty copies were ordered to be printed, the print
er being put under oath of secrecy, and the mem
bers and officers under solemn injunction not to di
vulge the matter. The articles were taken up on
the 22d of July in Committee of the Whole, and dis
cussed on that day, and on ten other clays, until
Aug. 8, when the House gave leave to sit again
" to-morrow." But the immense crowd of business,
in vast detail, seems to have shoved the matter en
tirely out of sight, until April 2, 1777, when it was
made an order for " Monday next, and that two
104: POLITICAL FALLACIES.
days in the week be employed on that subject, until
it shall be wholly discussed in Congress/ But it
seems to have been overlaid until Monday, April 21,
when, after discussion, it was " postponed to Friday
next." On May 5 it was again discussed, and
then " postponed ; " and between that date and
Nov. 17, when, after some discussion of amend
ment, it was adopted finally, there were at least
twenty-two days on which it was discussed, besides
several when it was only taken up and postponed.
This historical detail is presented, in order to im
press the reader s mind with the magnitude of the
work and the immense difficulties that lay in its
way. Think of the character of the men, for intel
ligence, integrity, business tact, and earnestness,
and that even these patriots spent from June 11,
1776, until Nov. 17, 1777, and for thirty-three
different times discussed the matter and form of
these AKTICLES OF CONFEDERATION AND PERPETUAL
UNION, and you will readily infer it was no light
task they had before them, and that it was no ex
travagant utterance of Judge William Henry Dray-
ton, when, entering on the same discussion in the
Legislature of South Carolina, he said : God has
called us forth to legislate for the new world, and
to endeavor to bind the various people of it in du
rable bands of friendship and union."
ARTICLES OF CONFEDERATION AND UNION.
The first thing which any intelligent reader will
observe upon the face of this document is, that its
leading object, its prominent and main design, is
UNION. This he will see from its history. Inde
pendence of England, and mutual dependence on
one another, stand asserted in adjoining lines. The
printer can bring them no closer together. The
same stroke that cuts us loose from our cruel
mother, binds us together. The same blow that
prostrates the sovereign on account of powers
abused and forfeited, provides a deposit for these
powers in safer hands.
Moreover, look at the phraseology the very
name and style of the paper force this upon you,
as the master thought : "ARTICLES OF CONFEDERA
TION AND PERPETUAL UNION." This phrase, per
petual union, occurs in the document six times
"and the union shall be perpetual"; "the union
shall be perpetual." " The United States in Con
gress assembled " occurs twenty-eight times ; " the
United States," twenty-seven times additional. But
this enchanting union is not the final cause ; it is a
means to an end : Liberty is the grand end de
fence, security, welfare, all included in liberty
these are the end ; union is an indispensable
means.
But this union is federative. " The style of
5*
106 POLITICAL FALLACIES.
this confederacy shall be, THE UNITED STATES OF
AMERICA." The word CONFEDERATION occurs
twelve times. It creates "a firm league of friend
ship." Now a league is a covenant between
States, which changes not their organization, but
simply pledges unity of action cooperation in
reference to the accomplishment of some particular
object interesting to the parties contracting. This
object is specified in Article III, and is nothing
but the object already pursued by Congress. The
league is nothing new, but is simply a formal ex
pression of existent relations, duties, and obliga
tions. Observe the phraseology : " Each State
retains its sovereignty, freedom, and independence,
and every power, jurisdiction, and right which is
not by this confederation expressly delegated to the
United States in Congress assembled." I have
emphasized expressly, as indicating the previous
and present implied exercise of certain powers by
Congress. And the word severally, in Article III,
shows that the States, as States, formed this league.
They retain all the sovereignty, freedom, independ
ence, &c., which they do not delegate ; that is,
when they proceed, as in Article IX, to define
them peace and war, sending and receiving am
bassadors, entering into treaties and alliances,
regulating the alloy and value of coin, fixing the
ARTICLES OF CONFEDERATION AND UNION. 107
standard of weights and measures, trade with In
dians, regulating post offices, &c., which are the
very parts and portions of the sovereignty they had
withdrawn from the crown and vested in Congress,
and which this body had been exercising ever since
June, 1775. Never did the States suppose their
sovereignty was any other or more extensive than
they had held it all along, when they were colo
nies. Nor, that their independence was anything
different from what they asserted in the Declara
tion, and had been enjoying ever since ; for, in the
very confederation, or act of covenanting together
(which is the simple English of that Latin word),
they proclaim their dependence on each other.
The phrase, The United States in Congress as
sembled., which, as stated above, occurs twenty-
eight times, proves the same thing. It is the
/States that assembled in Congress ; the States that
vote separately as a unit the States, severally as
individuals, but being assembled, the diversity is
merged in the unity.
Again, we remark, " The Articles of Confedera
tion and Perpetual Union " are designed to assert
the perpetuity of the union, not of the articles.
For Article XIII, which affirms " the union shall
be perpetual," also makes provision for alterations,
if " agreed to in a Congress of the United States,
108 POLITICAL FALLACIES.
and be afterwards confirmed by the Legislature of
every State." The whole people felt the necessity
of it, and dreaded dissolution as the greatest pos
sible calamity.
And lastly here, the articles do not create a
government, but leave everything, almost, precisely
as before their adoption. Governing power they
recognize in Congress ; the higher functions of
sovereignty are conceded, and in many respects
regulated ; but analyzed and distributed into the
three departments, under appropriate officers, these
powers are not. All that has just been said in
Chapter VIII of the Congress before, is applicable
to them after the adoption of the articles. They
provide no legislative, no executive, no judiciary,
in any full and proper sense of those terms. They
are simply an authoritative letter of instruction to
the Congress, as the Grand Committee of the
States.
This scheme of union was resisted in many of
the State Legislatures, and on various grounds,
which caused much delay. It was not until March
1, 1781, that Maryland, the last to do it, acceded,
and on the next day Congress met under the ar
ticles.
CHAPTER X.
THE CONSTITUTION:
ITS OCCASION ITS FIKST OBJECT, UNION A GOVERNMENT
SUPPORTED BY SOUTHERN TOTES.
No man who reads the minutes of the Conti
nental Congress, before and after the adoption of
the articles, and marks the multiplicity and variety
of business they were called to perform, can for a
moment wonder at the impracticability of that
system of administration. Whilst the superin
cumbent weight of the revolutionary struggle lay
upon the arch federal, it was held together ; but,
this removed by the peace of 83, the centrifugal
force rapidly tended to and foreboded ruin. This
grand committee created by the States was felt by
them to be almost powerless. Congress is our
creature they seem to have reasoned our serv
ant, and our obedience to our servant is optional.
Hence feebleness. But worse than this. The
articles left the imposition of duties on imports in
the hands of the States. Of course, the State
110 POLITICAL FALLACIES.
which levied the lightest duty would draw the
trade to her ports. Difficulties soon sprung up.
Virginia and Maryland interfered with each other,
and ill blood was stirred. Attempts wer* made to
adjust the matter, but in vain. Congress also failed
to raise a revenue to meet necessary means to de
fray the expenses of government and pay the pub
lic debt. Credit began to break down. Anarchy
threatened to produce a ruin which the power of
England failed to bring about. The patriot heart
began to tremble for the ark of safety. In a letter
to James Madison, from R. H. Lee, then President
of Congress, dated the 26th of November, 1784.
he says : " It is by many here suggested as a very
necessary step for Congress to take, the calling on
the States to form a convention for the sole purpose
of revising the Confederation, so far as to enable
Congress to execute with more energy, effect, and
vigor the powers assigned to it, than it appears by
experience that they can do under the present state
of things/ The answer of Mr. Madison remarks :
" I hold it for a maxim, that the union of the States
is essential to their safety against foreign danger and
internal contention ; and that the perpetuity and
efficacy of the present system cannot be confided
in. The question, therefore, is, in what mode, and
at what moment, the experiment for supplying the
THE CONSTITUTION. Ill
defects ought to be made/ Mad. Papers, p. 707-8.
This sentiment soon became general with leading
men all over the Union, and led to the Convention.
"As a natural consequence of this distracted and
disheartening condition of the Union, the Federal
authority had ceased to be respected abroad, and
dispositions were shown there, particularly in Great
Britain, to take advantage of its imbecility, and to
speculate on its approaching downfall. At home
it had lost all confidence and credit." " It was
known that there were individuals who had be
trayed a bias toward monarchy, and there had
always been some not unfavorable to a partition of
the Union into several confederacies ; either from a
better chance of figuring on a sectional theatre, or
that the sections would require stronger govern
ments, or by their hostile conflicts lead to a mo
narchical consolidation. The idea of dismember
ment had recently made its appearance in the
newspapers."
" Such were the defects, the deformities, the dis
eases and the ominous prospects for which the con
vention were to provide a remedy, and which ought
never to be overlooked in expounding and appreci
ating the constitutional charter, the remedy that
was provided." (F. 713, 714.)
On all hands it was and is admitted that the
112 POLITICAL FALLACIES.
Federal Government, so called, was too weak to
sustain life for any length of time. It lacked power
and energy, or, as I hold, was not a government at
all, in any just sense of that term, but only a Grand
Committee of the States.
Such being the situation of the country, let
me ask the reader, what do you think will be the
prime, leading, grand object before the minds of
this most illustrious body ? What the pole-star to
guide them through the rocks and quicksands of
this sea of anarchy ? Who, that hath a soul trem
blingly alive for the cause of free government and
the hopes of humanity, does not at once respond,
UNION the glorious thirteen in ONE : E PLURIBUS
UNUM ? And what say the convention themselves?
Their response meets you in the forefront of the
Constitution : " We, the people of the United
States, in order to form a more perfect Union/ * &c.
The preamble sets forth the grand design of the
law ; and here it is, first, the formation of a more
perfect Union more perfect than what ? Certainly,
more perfect than existed before under the articles.
But these affirm, repeatedly, the Union shall be per
petual. This is the leading, the felt necessity.
Then it meets you at the close. Read it, in the
letter submitting their finished work to the Con
gress. " In all our deliberations on this subject, we
THE CONSTITUTION. 113
kept steadily in our view that which appears to us
the greatest interest of every true American the
consolidation of our UNION in which is involved
our prosperity, felicity, safety, perhaps our national
existence. This important consideration, seriously
and deeply impressed on our minds, led each State
in the convention to be less rigid on points of in
ferior magnitude than might have been otherwise
expected ; and thus the Constitution which we now
present is the result of a spirit of amity and of that
mutual deference and concession which the peculi
arity of our political situation rendered indispen
sable."
To this last remark permit Hie to call attention
for, a moment. These profoundly wise and patriotic
men this more than Koman Senate or Amphic-
tyonic council acknowledge themselves hemmed in
and shut up, and providentially constrained to act
and do precisely as they did it was indispensable.
And this is what I mean, when I affirm this consti-
tion to be the most stupendous fabric ever erected
by human genius ; yea, a quasi inspired production.
No man ever planned such a government as ours.
On the contrary, it was long held that an imperium
in imperio was a contradiction, an impossibility, an
absurdity ; but Divine Providence superintended (/
this whole movement, and led our fathers to the
114: POLITICAL FALLACIES.
construction of a system unknown hitherto in the
history of the human race a plan of union and of
separation affording the largest freedom and secur
ing the most energetic operation of power a system
where law is sovereign law abiding in the individ
ual conscience and spreading itself over the entire
surface of society, securing the greatest happiness
to the largest number.
But it has been already admitted, that even
Union, the first object of these patriots, was a means
to an end. The prosperity, felicity, safety, national
existence, are involved in it, for these depend upon
their success in establishing a government.- After
the election, by unanimous ballot, of George Wash
ington as the president of the convention, and the
arrangement of a few small matters, the very first
principle they decided was, that a government
should be formed. Edmund Randolph, presented
fifteen resolutions, which constituted the basis of
their action, the third of which was the first adopted
in committee, after amendment, in these words,
viz., " Resolved, that it is the opinion of this com
mittee that a national government ought to be
established, consisting of a supreme legislature,
executive, and judiciary."
Accordingly the constitution contains the ex
haustive analysis of government into the three ele-
THE CONSTITUTION. 115
ments, legislative, executive, and judicia^. In
this there is a strong contrast to the articles of con
federation, which, as we have seen (Chap. IX),
establishes neither of the three. This settled the
question of a mere confederacy or confederation.
The word confederation occurs in the articles twelve
itimes and confederacy once ; but in the Constitu
tion it occurs but twice, viz., art. i, sec. 10 : "No
State shall enter into any treaty, alliance, or con
federation ; " and art. vi, 1 : " All debts shall be as
valid as under the confederation/ Now why this
studied exclusion of the very term ; it is never ap
plied at all to the Constitution, but the word consti
tution is given as the very name of the new docu
ment, and is used in the body of it a dozen of times.
It is moreover noticeable that the word constitu
tion never occurs at all in the old articles. I say,
why are these things so ? Is it not designed there
by to show the entire difference of the two papers ?
The one designates it a confederacy or league be
tween the States, but does not create a govern
ment, and of course does not furnish a constitution,
or elementary platform of fundamental law ; but
the other writes out a system of such law and calls
it " this CONSTITUTION."
The articles were adopted by the States as
such ; the Constitution by the people, " We, the
116 POLITICAL FALLACIES.
NfEOPLE, do ordain and establish this constitution!
Here we have the theory of democratic republican
government exemplified. The power of ruling is
vested by his Creator in man ; and man designates
the agency for its exercise. Thus the theory of a
mere confederation of States is carefully exclucledrr^
The same is set forth in the letter of the con
vention to the president of Congress, accompanying
the Constitution. It clearly and explicitly repudi
ates the idea of entire State independence.
" The friends of our country have long seen and
desired that the power of making war, peace, and
treaties ; that of levying money and regulating
commerce ; and the correspondent executive and
judiciary authorities should be fully and effectually
vested in the general government of the Union ;
but the impropriety of delegating such extensive
trust to one body of men is evident : hence results
the necessity of a different organization."
"It is obviously impracticable, in the Federal
government of these States, to secure all rights of
independent sovereignty to each, and yet provide
for the interest and safety of all."
It would be difficult to express the idea more
explicitly of a limited State sovereignty, unless we
adopt the language of the old articles : " ii. Each
State retains its sovereignty, freedom, and inde-
THE CONSTITUTION. 117
pendence, and every power, jurisdiction, and right
which is not by this confederation expressly dele
gated to the United States in Congress assembled/
Here is clearly set forth a restricted, a limited, a
partial sovereignty, freedom, and independence, as
belonging to the States as States. Nor is the same
less distinctly uttered in the Constitution itself.
Art. vii, 2 : " This constitution and the laws of the
United States which shall be made in pursuance
thereof ; shall be the supreme law of the
land, anything in the constitution or laws of any
State to the contrary notwithstanding."
The same is proved by the very jealousy which
produced the 10th article, in amendments. " The
powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are
reserved to the States respectively, or to the people."
Indubitably the States are not absolutely sov
ereign under the Constitution ; they were sovereign
only in a limited sense, and not absolutely, under
the articles of confederation and perpetual union^
and they never were, even before, sovereignties ab
solute, as we have seen, chap, vii, but had created a
body politic, as the trustee of the higher powers of
sovereignty held by the crown, before they withdrew
them from the royal trustee ; and, as before stated,
the representatives of the United States made this
118 POLITICAL FALLACIES.
withdrawal " in the name, and by the authority of
the GOOD PEOPLE of these colonies."
And yet, with such facts staring him in the
face, Mr. Jefferson Davis, in his message in May,
1861, denounces as a monstrous thing, "the rise
and growth in the Northern States of a political
school which has persistently claimed that the gov
ernment thus formed was not a compact between
States, but was in effect a National Government,
set above and over the States/ But let us ask
Mr. Davis whence this party for a National Gov
ernment had its rise. The Madison Papers assure
us it had a Southern origin. Mr. Edmund Kan-
dolph uses the phrase National Legislature, in his
fifteen resolutions, twelve times. His seventh reso
lution says, "that a national executive be insti
tuted " ; and his ninth, " that a national judiciary
be established." Mr. Madison strenuously advo
cated a National Government. He says (see Mad.
Papers, p. 632) : " Let the National Government
be armed with a positive and complete authority in
all cases where uniform measures are necessary; as
in trade," &c., &c.
" Let it have a negation in all cases whatso
ever, on the legislative action of the States, as the
King of Great Britain heretofore had. This I con
ceive to be essential, and the best possible abridg
ment of the State sovereignties.
THE CONSTITUTION. 119
" Let this national supremacy be extended also
to the judicial department.
" A Government formed of such extensive
powers ought to be well organized. A national
executive will also be necessary."
Colonel George Mason, of Virginia, strongly
advocated a National Government. " He took this
occasion to repeat, that, notwithstanding his solici
tude to establish a National Government, he never
would agree to abolish the State Governments, or
render them absolutely inefficient." Ib., p. 910-12.
Charles Pinckney, South Carolina, presented a
" Plan of a Federal Constitution/ at least as strong
as that adopted. Ib., p. 735.
Charles Cotesworth Pinckney, South Carolina,
offered a resolution for "a more effective Govern
ment, consisting of a legislative, executive, and
judiciary." P. 749. He " thought the second
branch [the Senate] ought to be permanent and
independent." P. 819. In short, it is indubitably
true, that a strong National Government was ad
vocated in Convention mainly by the Southern
members ; all the leading Southern men having
taken a decided stand in support of it, whilst the
opposition to a National Government was chiefly
from the North. Mr. Ellsworth, of Connecticut,
moved, and Mr. Graham, of Massachusetts, sec-
120 POLITICAL FALLACIES.
ended the motion, to strike out the word national
from Mr. Kandolph s resolution. P. 908. Mr.
Patterson, of New Jersey, proposed a plan for
enlarging the powers of Congress, but not for
creating, properly speaking, a National Govern
ment. His was designated in the convention as
the "federal plan/ in contradistinction from " a
national plan." Mr. Gouverneur Morris, Pennsyl
vania, explained the distinction between a federal
and a national, supreme Government ; the former
being a mere compact resting on the good faith of
the parties, the latter having a complete and com
pulsive operation. He contended that in all com
munities there must be one supreme power, and
only one/ Mad. Papers, p. 748.
" Mr. Wilson, Pennsylvania, entered into a con
trast of the principal points of the two plans, so
far, he said, as there has been time to examine the
one last proposed. These points were : 1. In the
Virginia plan there are two, and in some degree
three, branches in the Legislature ; in the plan
from New Jersey there is to be a single Legislature
only. 2. Eepresentation of the people at large is
the basis of the one ; the State Legislatures the
pillars of the other. 3. Proportional representa
tion prevails in one, equality of suffrage in the
other. 4. A single executive magistrate is at the
THE CONSTITUTION. 121
head of the one ; a plurality is held out in the
other. 5. In the one, a majority of the people of
the United States must prevail ; in the other, a
minority may prevail. <J6. The National Legisla
ture is to make laws in all cases to which the sepa
rate States are incompetent, ^c.; in place of this,
Congress are to have additional power in a few cases
only. 7. A negative on the laws of the States ; in
place of this, coercion to he substituted. 8. The
executive to be removable on impeachment and con
viction, in one plan ; in the other, to be removable
at the instance of a majority of the executives of the
States. 9. The revision of the laws provided for
in one ; no such check in the other. 10. Inferior
national tribunals in one ; none such in the other.
11. In the one, jurisdiction of national tribunals to
extend, &c.; an appellate jurisdiction only allowed
to the other. 12. Here, the jurisdiction is to ex
tend to all cases affecting the national peace and
harmony ; there, a few cases only are marked out.
13 Finally, the ratification is, in this, to be by the
people themselves ; in that, by the Legislative au
thorities, according to the thirteenth article of the
Confederation."
Now, if we consider that, on the vote between
these two plans, there were but three negatives, and
Maryland divided, and that Virginia, North Caro-
122 POLITIC AL FALLACIES.
lina, South Carolina, and Georgia voted for Mr.
Randolph s plan, it excites our wonder to see Mr.
Jeff. Davis assert that this school, which went in
for a national government, had its rise and growth
in the Northern States. (See Mad. Papers, p. 904.)
Is there no regard to be paid to historical truth ?
Additional proof that the Constitution was
adopted, not by the States as sovereign powers, but
by the people, is found in the fact, that this very
point was raised in his first speech in the Virginia
convention by Mr. Henry, the most bitter and in
veterate opponent of the Constitution. " I am sure
they were fully impressed with the necessity of
forming a great consolidated government, instead
of a confederation. That this [the Constitution] is
a consolidated government is demonstrably clear ;
and the danger of such a government is, to my
mind, very striking. I have the highest veneration
for those gentlemen ; but, sir, give me leave to de
mand, what right had they to say, We, the people ?
My political curiosity, exclusive of my anxious soli
citude for the public welfare, leads me to ask, who
authorized them to speak the language of We, the
people, instead of We, the State ? States are the
characteristics and the soul of a confederation. If
the States be not the agents of this compact, it
must be one great, consolidated national govern-
THE CONSTITUTION. 123
ment of the people of all the States." (See Ell.
Deb., iv, 22.) True, Mr. Patrick Henry ; and the
word "national," put in by his Excellency Governor
Kandolph of Virginia, was stricken out on motion
of Mr. Ellsworth of Connecticut. True, Mr. Henry ;
that is the very word put by the convention into
their letter accompanying the Constitution, which
letter was signed by one George Washington. "In
all our deliberations on this subject, we kept steadily
in our view that which appears to us the greatest
interest of every true American the consolidation
of our Union in which is involved our prosperity,
felicity, safety, perhaps our national existence."
Thus, on the third day of their sessions, Mr. Henry
raised the phantom demon of a consolidated national
government, and the ghostly spectre haunted him
to the end.
In response to the challenge of Mr. Henry, Gov.
Randolph says (p. 28), " The gentleman then pro
ceeds, and inquires why we [the convention, of
which he was a leading member] assumed the lan
guage of We, the people ? I ask, why not ?
The government is for the people ; and the misfor
tune was that the people had no agency in the gov
ernment before What harm is there in con
sulting the people on the construction of a govern
ment by which they are to be bound ? Is it un-
124: POLITICAL FALLACIES.
fair ? Is it unjust ? If the government is to be
binding upon the people, are not the people the
proper persons to examine its merits or defects ? "
Mr. Pendleton (p. 37) : "But an objection is
made to the form ; the expression, We, the peo
ple/ is thought improper. Permit me to ask the
gentleman who made this objection, who but the
people can delegate powers ? Who but the people
have a right to form government ? The expres
sion is a common one, and a favorite one with me.
The representatives of the people, by their author
ity, is a mode wholly inessential. If the objection
be, that the Union ought to be one, not of the peo
ple, but of the State governments, then I think the
choice of the former very happy and proper. What
have the State governments to do with it ? Were
they to determine, the people would not, in that
case, be the judges upon what terms it was
adopted."
It is prominent on the whole face of the de
bates, that the question between a confederacy and
a strong national government was openly and dis
tinctly controverted throughout, and on the final
vote the Nationals had. eighty-nine, and the Fed
erals, properly so called, i. e., those who went for a
Confederate government, had seventy-nine. And
it is well worthy of note, the adopting act runs :
THE CONSTITUTION. 125
" in the name and in behalf of the people of Vir
ginia/ not of the State or representatives ; and
this stands in bold contrast with the action of the
confederated secession constitution, which runs
thus : " We, the deputies of the sovereign and in
dependent States of South Carolina, &c., do hereby,
in behalf of these States, ordain and establish this
Constitution." Thus the people are ignored.
CHAPTEK XI.
THE CONSTITUTION BY WHOM ADOPTED.
A PLAIN, unsophisticated man reads the Con
stitution, the history of its formation and adoption,
and then is interrogated as to who adopted it : he
feels no embarrassment, but tells you at once it was
adopted by the people of the United States. He
goes behind this, and assures you it was made by
the people through their agents or representatives.
Still farther, these representatives in the convention,
acting for the people, were appointed to do this
work by the Legislatures of the several States.
Once more he tells you, the men who composed
these different Legislatures were elected by the
people in the several districts of their States respec
tively. He has a perfect understanding, in the
concrete, of the whole subject. The people of each
county or district choose a man to go up and legis
late for the people of the State. The laws passed
by this collective mass of individuals from the coun
ties, are binding upon all the people, although the
THE CONSTITUTION BY WHOM ADOPTED. 127
people in a given county did not vote but for one
member. The legislators act for the people^ the
whole people. They are under bonds to seek the
good of the whole. In the forming state, under the
provisional government, the people s representa
tives in the State Legislatures respectively appointed
certain citizens, each of their own State, to meet in
a congress, as a kind of grand committee, to con
sult for the good of the whole colonies, now united
in this very body. This congress, amid an infini
tude of business which they transacted for the peo
ple, recommended the Legislatures of the States to
appoint another set of men to meet and form a
government for the whole people. This they did ;
this congress was called a convention. Ask, now,
this unsophisticated man : Whom did the members
of this convention represent ? for whom did they
act ? His answer is prompt : For the people,
whose representatives appointed them. But whom
do you mean by the people ? Is it those of your
county for which they act, and none else ? Is
it for the people of your State, whose Legislature
sent them to the convention ? or is it for the people
spread over all the States ? His answer is for the
last, assuredly. They are the special representa
tives of the whole people of the United States,
bound to consult the general good.
128 POLITICAL FALLACIES.
According to the response of this common-sense
man, all is simple and plain ; and so the production
of the representatives of the whole people, in con
vention assembled, is submitted to the people for
their acceptance or rejection. But, just as it is
impracticable, and unsafe if practicable, for the
whole population, or even the whole adult male
population of a State, to meet in legislative coun
cil personally and pass laws ; so it was impractica
ble, and unsafe if practicable, for the whole male
population of the United States to meet in one
grand legislative assembly and act on this consti
tution this law of laws this legislation that is to
bind and limit all national legislation : therefore it
must, by necessity, be submitted to the people of
the States severally, through their representatives
in convention assembled. It might, indeed, have
been submitted to the State Legislatures ; and this
method had several advocates in the Convention.
But the ratification by conventions in the States
prevailed, as it kept the two Governments, State
and National, separate.
If the people make their own laws, as is most
meet, because God has placed the whole sovereignty
in their hands, it is supremely fit and proper they
should enact that fundamental law which is de
signed and destined to control future lawmakers.
THE CONSTITUTION BY WHOM ADOPTED. 129
This was done. " We, the people of the United
States, * * * do ordain and establish this CONSTI
TUTION." There it stands on the record, and there
it will stand forever. The people can govern them
selves, but only by applying to themselves the ever
lasting truths of God s most holy law.
But now, if you sophisticate, you may puzzle
our plain man. Ask him whether the people of
each State acted as a State independent and sov
ereign, or as part of the greater people of the whole
nation, and you force him into the fog of the great
Southern abstractionist. Mr. Calhoun, in his cele
brated speech on Jackson s Force Bill, says : "Ac
cording to my conception, the whole sovereignty is
in the several States, whilst the exercise of sovereign
power is divided a part being exercised under com
pact through this General Government, and the
residue through the separate State Governments.
But if the Senator from Virginia (Mr. Kives)
means to assert that the twenty-four States form
but one community, with a single sovereign power
as to the objects of the Union, it will be but the
revival of the old question of whether the Union is
a union between States, as distinct communities, or
a mere aggregate of the American people, as a mass
of individuals ; and in this light his opinions would
lead directly to consolidation."
6*
130 POLITICAL FALLACIES.
Now let our simple, honest denizen apply his
powers to this statement, and see what he can
make of it. But let us aid him, if ive can. And,
1st remark : Are the several States in whom is the
sovereign power to be taken as the people, being a
mass of individuals, or is it the abstract conception
of a government that is meant ?
But, 2d. The whole sovereignty, he says, is in
the several States; therefore, there being twenty-
four whole States severally taken, there are twenty-
four whole sovereignties !
But, 3d. Whilst the whole sovereignty is in the
twenty-four States, i. e., twenty-four wholes, the
exercise of sovereign power is divided part being
exercised by this General Government ; i. e., the
power is exercised where it is not ! The whole is
in the States ; a part of that same whole is exer
cised by and in the United States Government !
4. Mr. Calhoun seems to deny that the twenty-
four States form but one community; i. e., he denies
that the people of the United States are united !
are " one people " as in the Declaration.
5. He denies that the United States have a
single sovereign power, even as to the objects of the
Union that they are sovereign within the limits
of the Constitution.
6. He denies that the Constitution is designed
THE CONSTITUTION BY WHOM ADOPTED 131
to consolidate the States ; whilst we have heard the
Convention affirm in their letter, " In all our delib
erations on this subject, we kept steadily in our view
that which appears to us the greatest interest of
every true American the consolidation of our
Union. Then is Mr. Calhoun not a true Ameri
can, in the eyes of Washington and his Conven
tion ? And so it proves this day : the blood of
thousands, of tens of thousands, is poured out, and
is now (September 20, 1862) running, as the neces
sary consequent of these wicked doctrines. A vast
harvest of death succeeds this seedtime of abstract
nonsense and foggy philosophy. Whereas, nothing
is more patent and better understood, or can be
more clearly expressed, than that the "one peo
ple," who published the Declaration in 1776., who
united together in the Continental Congress, did
also adopt the Constitution. Every precaution was
taken to guard against the notion of a mere con
federacy of States, and to make it clear and plain
that a Government was to be established by the
people a Government superior to and above the
States separately considered, and as confederate
under the articles ; yet a Government restricted
and limited by lines clearly defining the bounds
between it and the State Governments a Govern
ment, at whose formation this whole question of
132 POLITICAL FALLACIES.
State rights was most amply discussed on all sides,
by such men men who saw at a glance, as they
say in their letter to Congress, " It is obviously
impracticable, in the Federal Government of these
States, to secure all rights of independent sover
eignty to each, and yet provide for the interest and
safety of all ; " and who therefore adjusted the boun
daries of each, and then submitted the whole to
THE PEOPLE in conventions assembled. These
supreme arbitrators, after long canvassing the mat
ter of the Constitution, in their social meetings, in
their popular movements toward the election of
members for their several conventions, and then
by their representatives in convention assembled,
came to the grand conclusion, once more, that they
form one people one nation.
It seems almost trifling on a grave subject,
when men allege the fact that the ratifying con
ventions were called by the State Legislatures, and
met within the States severally, as evidence that
the United States is merely a confederacy of inde
pendent States, and not "a National Government,
set up above and over the States." To this, as an
argument, the easy response is, that the conven
ience of submitting the ratification through the
action of State Legislatures, was the governing
idea. A second convention of the whole was pro-
THE CONSTITUTION BY WHOM ADOPTED. 133
posed, but not seriously advocated. The language
of George Mason, certainly one of the safest and
wisest men in the Virginia delegation, is cogent,
and worthy of serious consideration. " Colonel
Mason considered a reference of the plan to the
authority of the people,, as one of the most impor
tant and essential of the resolutions. The Legisla
tures have no power to ratify it. They are the mere
creatures of the State constitutions, and cannot be
greater than their creators. And he knew of no
power in any of the constitutions he knew there
was no power in some of them that could be
competent to this object. Whither then must we
resort ? To the- people, with whom all power re
mains that has not been given up in the constitu
tions derived from them. It was of great moment,
he observed, that this doctrine should be cherished,
as the basis of free government. Another strong
reason was, that, admitting the Legislatures to
have a competent authority, it would be wrong to
refer the plan to them, because succeeding Legisla
tures, having equal authority, could undo the acts
of their predecessors ; and the National Govern
ment would stand, in each State, on the weak and
tottering foundation of an act of Assembly." (Mad.
Papers, p. 1177.) These opinions were sanctioned
by Mr. Madison (see Papers, 1183). The ratifica-
134 POLITICAL FALLACIES.
tion, then, or adoption of the Constitution was by
the people, not of Massachusetts or New York ;
not by the people of Pennsylvania, or Virginia, or
South Carolina, as Mr. Jefferson Davis says ; but
WE, THE PEOPLE OF THE UNITED STATES."
CHAPTEE XII.
THE CONSTITUTION NOT FEDERAL.
IN our first chapter we endeavored to show that
human society is not a voluntary association, in the
usual sense of that phrase. Its existence did not
originate in human volition, but in the divine. The
whole theory of a social compact is utterly baseless
a mere speculation, without a single fact in man s
history on which to rest. If it were a harmless
theory, very well, let it pass. But it is a perni
cious fancy, and has produced fearful fallacies and
some of the most disastrous consequences. Some
of these fallacies are now soaking our soil with the
blood of its inhabitants. It is honestly believed,
by many of our unhappy and misguided brethren
of the South, that the United States Constitution
is a Federal Compact, and creates a Federal Gov
ernment. If the reader has embraced the doctrines
of our first four chapters, we shall have little dif
ficulty in exposing to his satisfaction and refuting
this error.
And 1. Let us to the word : Federal is from the
136 POLITICAL FALLACIES.
Latin, Fcedus, meaning a covenant or league. The
term Federal, therefore, implies the idea of a cove
nant , agreement, or league ; and, if applied to so
ciety, assumes as true the false doctrines exposed in
our first chapter. But when applied to communi
ties of men organized into states or governments,
it imports some specific articles or matters about
which the covenant is made. The nations two
or more there must be agree ; they enter into a
covenant, compact, treaty, for the accomplishment
or security of some matter of interest to the con
tracting parties ; and this makes them one, quoad
hoc, but not one as to anything outside of the
specific terms of the contract. But, in the essen
tial nature of a compact, it cannot be a govern
ment invested with the ordinary powers. Two na
tions may, indeed, contract to uphold, by recognition
and by forces loaned, another people as a nation ;
but they cannot possibly make a nation or establish
a government out of themselves, comprehending
themselves. They must, by necessity, merge their
duality into a unity, and instead of the two becom
ing three, they become one.
True, two nations may appoint, by covenant, a
joint commission, to exercise some political func
tions in their name and authority, but then, such
is not a government, a new nation. So the Colo-
THE CONSTITUTION NOT FEDERAL. 137
nies acted through their grand committee. Such
arrangement., however, cannot be permanent, but
must eventuate in dissolution or in a government.
Let the reader attempt to mature the conception
of two governments covenanting to become one and
yet remaining two, and he will soon convince him
self of the absurdity of two or of thirteen supreme
sovereign nations covenanting themselves into one
sovereign nation i. e. } the absurdity of the phrase
Federal Government. Therefore,
2. The word Federal is nowhere found in our
Constitution. Once only is it used in the letter ;
but then, as the phrase General Government oc
curs in the immediately preceding sentence, evi
dently because the writer wished to avoid repeti
tion, and used Federal as a synonym for General.
Manifestly the idea in both cases is identical. Or
it occurs in the letter in that loose and general sense
which grew up under the old Articles. I contend
that the absence of the word Federal from the Con
stitution is not accidental. Its use was redundant
all over the land in Congress, in the money mar
ket, in the mouths of all men everywhere ; in the
Convention, in the public prints. Now, why is it
entirely excluded from the Constitution ? Has this
omission no significance ? Notoriously, the long
est and hardest battle fought by those beloved and
138 POLITICAL FALLACIES.
loving friends of liberty, was just on this ques
tion, whether to adhere to the Federal system, or to
adopt a National Government. When, therefore,
the Virginia doctrine triumphed, and the Conven
tion, by overwhelming majorities, determined to re
ject the mere confederation and to establish a Gen
eral Government, they very properly repudiated and
rejected the term Federal ; neither the name nor
the thing can be found in the Constitution.
And yet, Mr. Jefferson Davis, who notices this
omission, speaks thus : " The States endeavored
in every possible form to exclude the idea that the
separate and independent sovereignty of each State
was merged into one government or nation ; and
the earnest desire they evinced to impress on the
Constitution its true character, that of a compact
between independent States, the Constitution of
1787 having, however, omitted the clause already
recited." Mr. Davis sees no evidence herein of any
difference between the Articles and the Constitu
tion ; this, he insists, is still merely a compact ;
although the designed omission of every word ex
pressive of that idea compact, covenant, federal,
confederacy, confederation more than omission,
the exclusion of every such term, stares him in the
face ; yet all this affords this gentleman no proof
at all against a confederacy and in favor of a gov-
THE CONSTITUTION NOT FEDERAL. 139
eminent. The Constitution itself calls it a Govern
ment : Art. II. " Seat of Government of the Unit
ed States." The letter speaks of " the General
Government." All nations recognize it as a Gov
ernment ; Mr. Secretary and Mr. Senator Davis
served it as a Government, and received his wages
from his master but alas ! all this availeth me
nothing so long as I see Mordecai the [Black Ke-
publican] Jew sitting at the king s gate. The
hundred and seven and twenty provinces from India
to Ethiopia, are, after all, only " a compact."
But before this solemn ostracism of the word, it
had passed into common currency, and became the
name of a party, and of that party too who had
expurgated both name and thing from the Consti-
tion of the country. It was a most singular sum
merset. The Federal party they were called, who
had repudiated federalism and established a na
tional government as a counter system to it. We
have in this an exemplification of the way in which
the generic meaning of a word is entirely lost sight
of, and it comes into use as a mere arbitrary appel
lative. By Federal Government is now meant
nothing more than, or different from, General or
National Government simply to distinguish it
from State Governments.
CHAPTER XIII.
FALLACY EXPLAINED SYLLOGISM.
FALLACIES CHIEFLY RESULT FROM CREATING A FOURTH TEEM.
WE are now in possession of the elements ne
cessary for exposing the false logic that is desolat
ing our country ; but before proceeding, it will be
proper, for the sake of such readers as are not
familiar with the logical process, except in its un
scientific forms, to give a brief chapter on Fallacy,
the most important part of Logic. Yet, in order
to show what Fallacy is and how to detect it, we
must first have an idea of what an act of reasoning
is : I apprize the unlearned reader that it is exceed
ingly simple so simple that he will be ready to
suppose I am trifling with him. The greatest of
England s metaphysicians committed a great sin
against humanity when he assailed the syllogism
or formal statement of an argument, or act of rea
son. Its very simplicity, and a mistake of its true
intent and proper use, led John Locke, in an evil
and sad hour, to do against the syllogism such bat
tle as has since covered many a field with blood.
FALLACY EXPLAINED SYLLOGISM. 141
Great men only can do great mischief great rea-
soners only can become great sophists.
Logic is the art of reasoning, and the science of
its principles ; and this is the actual order of their
existence. Men reason now before they can give a
reason for the process which they perform "before
they can lay down a rule for it. So it was before
the father of the technical syllogism was born.
Aristotle s mother reasoned as soundly as he could
do, after he wrote his logic. So men talk, and talk
correctly, without understanding the grammar rules
which they practice. So it is with most arts. The
blacksmith welds the iron and tempers the steel,
but understands not the chemical laws on which
the process depends.
But we proceed : A equals B.
C equals A,
Therefore, C equals B.
My cane is as long as your umbrella,
His yardstick is as long as my cane,
Therefore, His yardstick is as long as your umbrella.
Or, negatively : A does not agree with B,
C agrees with A,
Therefore, C does not agree with B.
No traitor should command an army,
General Nemo is a traitor,
Therefore, General Nemo should not command an
armv.
142 POLITICAL FALLACIES.
This is the sum of the logical processes : vary
and modify it the mind can ; but go beyond these
principles it cannot ; and the whole rests on the two
simple axioms Things which are equal to one and
the same third thing, are equal to one another,
Two things, one of which agrees with one and
the same third thing, and the other differs, differ
from one another. The carpenter wants a piece of
timber to reach from one wall to anothe" ; he
stretches his line from wall to wall ; then stretches
the same line on the timber, and finds these agree,
hence concludes this piece will answer his purpose.
Here is an act of reasoning, and, if written in the
logical formula above, it makes a syllogism. Now
you perceive that there are three comparisons made
here, and yet but three things compared. These
things the names of them are called in logic
terms,, and each is used twice. The line and th3
. distance of the walls are compared ; the same line
and the length of the timber are compared. These
are done mechanically and in the mind too ; and
then, mentally only the timber and tlio distance
of the walls are perceived to agree : this is tlio con
clusion. Now, suppose the line to be elastic tape,
could you compare these two lengths through the
medium of such a line ? This would deceive you ;
it would be a fallacious proof of their agreement ;
FALLACY EXPLAINED SYLLOGISM. 143
it would be a fallacy. Why ? Because the line, the
middle term, is not one and the self-same, but vari-
riable. The terms, then, must not be variable, but
one and the same. If either of them have a dou
ble meaning, it is no argument, but fallacy, i. e.,
deception. Thus we arrive at the definition of fal
lacy. It is an apparent argument, which concludes
contrary to truth. It must appear to be what it is
not, or it would not deceive. We have also ascer
tained the cause of all fallacies in the process of
argumentation, viz., the creation of a fourth term.
Archbishop Whately divides fallacies into two
classes logical and non-logical. By logical falla
cies he means those in which the fault lies in the
reasoning process itself. By the non-logical, where
the reasoning is correct in itself, but, from assuming
some false position to start from, lands in error.
The former class he subdivides variously ; but I
think they are all reducible to the one formula
above stated, viz., the creation of a fourth term.
A is equal to B, and C is equal to D. This gives
no conclusion. My umbrella is as long as a stick ;
your flagstaff is as long as a stick ; can you draw
any conclusion ? Why not ? Because a stick is
not a fixed quantity as thus stated. Fix the quan
tity say the self-same stick and the fallacy is re
moved. From the carpenter s process we see that
14:4: POLITICAL FALLACIES.
an act of reasoning requires a measure one com
mon measure of two quantities ; and this is called
the middle term. The elastic tape is not one
length, "but two or more. In like manner, if either
of the other two terms, called the major and the
minor, have a double meaning, there are four terms,
and no argument. Take for example, the old
sophism :
A church is a building of stone.
A company of Christians (associated for worship)
is a church.
Therefore a company of Christians is a building
of stone.
Here the word church has two meanings, and
thus there are really four terms, though apparently
but three. Logic has rules for detecting the various
methods by which the fourth term is created, but
we cannot go into detail.
Non-logical fallacies are those where the decep
tion lies not in the reasoning process itself, but in
the assumption of some false principle at the start.
The thing assumed must lie covered up so as not
to be apparent, or it will not deceive, and its detec
tion requires close inspection of the premises. Her
od reasoned thus when he inferred his obligation to
kill John. He assumed as true what is false, viz.,
FALLACY EXPLAINED SYLLOGISM. 14:5
i
that an oath to do a wrong thing is binding. The
suicide reasons thus, when, from the principle that
what is a man s own he may dispose of as he
pleases, he concludes to destroy his own life. The
false assumption is that his life is his own, in the
same sense that his money or his goods are his own.
It may be necessary only to add, that some
times two fallacies, and of different classes, may
meet in the same argument. These we shall not
illustrate until we find them in our progress.
The three angles of a triangle are equal to two
right angles. This proposition may T)e true, it may
be false ; true, if you mean jointly ; false, if you
mean severally. These three boys, Joe, John, and
James, are equal in height to Goliath of Gath : this
is true, if they are taken collectively ; false, if sever
ally. So easy is it to divide a term into two, and
thereby to create a fourth term in the syllogism, and
of course, a fallacy.
7
CHAPTEK XIV.
FALLACY STATES INDEPENDENT.
Independent is a relative term ; it has reference
to some other person, being, or thing, and suggests a
negative idea. To depend is to hang from and upon.
The apple upon the tree it is pendent, i. e., hang
ing from the branch, and is dependent for its posi
tion, absolute and relative, upon the tree. Now
break the stem, it falls to the earth, and is not
longer dependent for its position, but is independ
ent on the tree. The child is dependent on its
mother for food and protection, for instruction and
education. He changes relations ; he is now a man ;
he no longer hangs on his mother s bosom ; he is in
dependent, quoad lianc ; but not absolutely ; for
he stands related variously to other human beings.
He depends upon society around him for enjoyment,
for business and its results ; he depends on govern
ment for protection to life and liberty. A colony is
a social infant, and, by necessity, is dependent in
this stage of its being upon the mother country for
FALLACY STATES INDEPENDENT. 147
support and protection. Even so late as 1754,
Franklin speaks of England as " home " " the
government at home/ But this social infant, like
the apple and the child, cannot remain always in
the pendent condition ; relations must change in
the onward flux of human affairs. The umbilical
cord is cut, the infant has become a man, the colony
a nation ; it is no longer pendent, or dependent as
to the parent country, but is independent. It is a
nation in fact, and if other nations admit the fact,
it is a nation in form one of the great family, de
pendent on self and mother earth alone.
But now, is this our history ? Was our nation
a colony ? One colony ? Did Pennsylvania sepa
rately ever cut herself loose from the mother coun
try ? did Virginia ? did South Carolina ? Then
there are three independent nations ! The absur
dity of this has been exposed in Chap. VI. Now we
must glance at the fallacy based on, rather depend
ent on the historical absurdity.
The term is necessarily relative. To be inde
pendent has reference to other things independent
on what ? The Tartar dynasty ? The Sublime
Porte ? The autocrat of all the Kussias ? All
this is true concerning the States severally, but was
just as true before the Immortal Declaration as
after it ; so the question reverts independent on
148 POLITICAL FALLACIES.
what ? The only true response is on Britain.
This is the one and only true meaning. But an
other construction has been foisted in upon this no
ble term. It means, say some, non-dependence on
one another each colony declared itself independ
ent on every other. This fallacy is older than our
Constitution ; for we find it in the Convention.
(See Mad. Pap. p. 906.)
" Mr. Martin, Md., said, he considered that the
separation from Great Britain placed the thirteen
States in a state of nature toward each other ; that
they would have remained in that state till this
time, but for the confederation ; that they entered
into the confederation on the footing of equality ;
that they met now to amend it, on the same foot
ing, and that he could never accede to a plan that
would introduce an inequality, and lay ten States
at the mercy of Virginia, Massachusetts, and Penn
sylvania."
" Mr. Wilson, Penn., could not admit the doc
trine that when the colonies became independent of
Great Britain, they became independent also of each
other. He read the Declaration of Independence,
observing thereon, that the United Colonies were
declared to be free and independent States ; and in
ferring that they were independent, not individually,
FALLACY STATES INDEPENDENT. 149
but unitedly , and that they were confederated, as
they were independent States."
" Colonel Hamilton assented to the doctrine of
Mr. Wilson. He denied the doctrine that the
States were thrown into a state of nature. He was
not yet prepared to admit the doctrine that the
confederacy could be dissolved by partial infrac
tions of it."
" I hold it for a fundamental point, that an in
dividual independence of the States is utterly irre
concilable with the idea of an aggregate sovereignty."
(Mad. Papers, p. 631.)
Here we have the political heresy and its refu
tation. The Union, as we have seen, Chap. VI.,
was formed in 1774. Now we have to expose the
logical heresy. The word is used in two senses it
means independence on Great Britain, in the first
and true use ; but independence on the sister colo
nies, and all the world of nations, in the second and
false sense. Let us syllogize it, thus :
An independent State may do as she pleases.
But South Carolina is an independent State.
Therefore, South Carolina may do as she pleases.
Here we have States 7 rights, States sovereignty
and secession, all demonstrated. But here we have
the precise logical formula, which demonstrates a
150 POLITICAL FALLACIES.
body of pious Christians to be a building of stone 1
How so ? Why, the middle term, independent State,
is used in one sense in the major premise, and in a
quite different sense in the minor ; hence we have
four terms, and, of course, no argument, but a mis
erable and bloody fallacy.
CHAPTER XV.
FALLACY STATE SOVEREIGNTY.
" BUT can you" I was often asked before I
left Virginia " can you coerce a sovereign State ? "
Ask Mr. Edmund Randolph, certainly one of the
safest and most profound sons of " the mother of
States and of statesmen." What does he say in the
Madison Papers, p. 732 : " That the national legis
lature ought to be empowered * * * to call forth the V
force of the Union against any member of the Union
failing to fulfil its duty under the articles thereof/X
This was too strong mustard for Mr. Madison, wEo
thought " the use of force against a State would
look more like a declaration of war, than an inflic
tion of punishment " (Mad. Pap. 761) ; and sug
gested to accomplish the object in another way.
" Mr. Pinckney, South Carolina, moved, that the
National Legislature should have authority to neg
ative all laws [of States] which they should judge
to be improper/ He urged that such a universality
of the power was indispensably necessary to render
it effectual ; that the States must be kept in due
152 t POLITICAL FALLACIES.
subordination to the nation ; that if the States were
left to act of themselves, it would be impossible to
defend the national prerogatives, however extensive
they might be, on paper ; that the acts of Congress
had been defeated by this means ; nor had foreign
treaties escaped repeated violations ; that the uni
versal negative was, in fact, the corner stone of an
efficient National Government ; that under the
British Government, the negative of the crown
had been found beneficial, and the States are more
one nation now than the Colonies were then/
Pretty strong doctrine this for an illustrious prede
cessor of John C. Calhoun. But how did Virginia
speak on this point ? " Mr. Madison seconded the
motion. He could not but regard an indefinite
power to negative legislative acts of the States as
absolutely necessary to a perfect system." (See
Mad. Pap. p. 821-2.)
So far, however, as these quotations are argu
ments, they go only against the new generation of
States rights men. They are not my answer to
the question, " Can you coerce a sovereign State ?"
My answer ever was and is ; there never ivas a sov
ereign State. The doctrine of sovereignty we have
seen in Chap. IV. Our business now is to expose
the fallacy of the question. We saw that sov
ereignty is an absolute unit only in the hand of
FALLACY STATE SOVEREIGNTY. 153
God ; that in human hands the distribution of rul
ing power is a necessity ; consequently, that the
lower functions are apportioned out to subordinate
officers, and only the higher reserved to the King,
President, Governor, Legislature, &c. So, in our
Providence-invented system, in the States is depos
ited, by the people, to whom God gave the whole, a
large and important part of the sovereignty, to be
by them exercised for their particular and special
benefit. These lower functions regard all the local
interests of the people near home and within the
sphere limited and bounded by the National Con
stitution. The General Government includes all
the higher functions of sovereignty which have been
delegated to it by the people of the whole nation, to
be exercised for the good of the whole. It is the
grand depository of the supreme functions ; the pon
derous flywheel which regulates the movements of
the whole system of machinery ; the central sun,
whose attractive force preserves the unity of all the
surrounding planets, whilst its light guides them in
the paths they pursue.
You perceive, therefore, at a glance, that the
States are sovereign in a limited sense. All the at
tributes and functions of sovereignty not granted to
the General Government, remain still in the people,
except what they have severally vested in the State
154 POLITICAL FALLACIES.
Governments. So that we may truly say, the States
are sovereign ; and we may as truly say, the States
are not sovereign. Both propositions are true, but
each in its own peculiar sense. They are sovereign
within their own proper sphere ; they are not sov
ereign outside of their own sphere. I am supreme
and sovereign in my own house ; in your house, I am
not. Here then we have two different things ex
pressed by one phrase a sovereign State. In one,
it means supreme power, or sovereignty, properly so
called ; in the other, a limited portion of sovereign
powers. To illustrate its operation, something like
the following seems to have been an immensely
practical argument about 1782 and 1832 :
A sovereign State cannot be coerced to pay tax
es to another power.
But South Carolina is a sovereign State.
Therefore, South Carolina cannot be coerced to
pay taxes to another power the United States
Government.
Under this reasoning, the cause of the country
had wellnigh failed for want of revenue. But now
here is the same error in logic. The first proposi
tion is true, using the phrase, sovereign State, in the
high and proper meaning. For obviously, if she is
under bonds and force, she is not truly sovereign,
FALLACY STATE SOVEREIGNTY. 155
but subordinate. The second proposition is also
true, but in another sense a partial sovereignty
only has she. Here then, as before, the middle
term sovereign State is divided into two, so we
have four terms and no argument, but a miserable
and bloody fallacy.
It may be useful to notice the composition of
these two fallacies by the combination of the terms,
sovereign and independent States ; or by calling the
States independent sovereignties. This constitutes
a fallacy of the second class.
CHAPTER XVI.
FALLACY GRATUITOUS ASSUMPTION: THE STATES ARE
INDEPENDENT SOVEREIGNTIES.
THIS runs through all the argumentations of the
States rights men, the nullifiers, the secessionists.
Rather it is the basis of their operations ; down it
comes to even Mr. Jefferson Davis ! The second
paragraph of his first inaugural contains it " the
sovereign States " " they, as sovereign States, were
final judges " when they should withdraw. " Thus
the sovereign States here represented." And in his
second message, April 29, 1861, he assumes it as the
basis of his argument ; in the progress of which,
nevertheless, he quotes the very article of the Con
federation (Art. II.) which affirms the limitation of
the powers .of the States and affirms their depend
ence on one another. True he misquotes the Arti
cle, thus : f( In order to guard against any miscon
struction of their compact, the several States made
an explicit declaration in a distinct article, that each
State retains its sovereignty, freedom and independ
ence, and every power of jurisdiction and right which
FALLACY A GRATUITOUS ASSUMPTION. 157
is not, by this said Confederation, expressly delegat
ed to the United States in Congress assembled un
der this contract of alliance." (See Kebellion Ke-
cord, Doc., p. 167.) . -Such is Mr. Davis s reading ;
we turn to the record :
" Art. II. Each State retains its sovereignty,
freedom and independence, and every power, juris
diction and right, which is not by this Confedera
tion expressly delegated to the United States in
Congress assembled."
The reader will observe the difference, whilst we
note the purpose for which he adduces the Article,
viz., to prove the absolute independence and sover
eignty of the States ; whereas it expressly asserts,
that parts and portions of both are already delegated
to the United States in Congress assembled. Yet
the whole force of his argument is based on the as
sumed, but disproved fact, of their absolute sover
eignty and independence. These gentlemen all af
firm the unqualified and unlimited right of each
State to judge and determine, by itself alone, with
out let or hindrance, whether it will secede from the
Union or not, and when it will secede. That is,
they claim, for each the highest sovereignty and
most absolute independence, and they prove the
soundness of their claim by citing Article II., which
in most express terms asserts the contrary !
158 POLITICAL FALLACIES.
In Chaps. XIV. and XV. we have disproved this
doctrine and exposed the fallacies which, very possi
bly, have led many unconsciously to entertain these
two dangerous falsehoods. Here we wish only to
show up the two deceptions as combined in the one
gratuitous assumption of independent State sover
eignty. This assumed, the reasoning which estab
lishes the right of secession is sound.
If the States are sovereign and independent na
tions, then of course it follows, that they have a
right to declare war, establish peace, form alliances,
make treaties, &c. &c. But even then, it does not
follow that they have a right to annul treaties, &c.,
at pleasure. But even sound reasoning, from a
false premise, leads to the discovery and establish
ment of truth, never.
If, however, under the Articles of Confederation,
the States retained but a limited sovereignty, pro
tected by their league of friendship, and where the
whole instrument purports to be a Confederation,
as we have seen in Chap. IX., how much less ground
is there for an independent State sovereignty, under
the Constitution, which ignores most particularly,
as we have seen in Chap. XII., both the name and
the thing ?
" This right to secede," says General Jackson,
" is deduced from the nature of the Constitution,
FALLACY -A GKATUITOTJS ASSUMPTION 159
which they [the nullifiers] say, is a compact be
tween sovereign States who have preserved their
whole sovereignty, and therefore are subject to no
superior ; that because they made the compact,
they can break it, when in their opinion it has been
departed from by the other States. Fallacious as
this course of reasoning is, it enlists State pride,"
&c. (See Statesman s Manual, p. 800.)
" The Constitution of the United States, then,
forms a government, not a league, and whether it
be formed by compact between the States, or in
any other manner, its character is the same. It is
a government in which all the people are repre
sented, which operates directly on the people indi
vidually, and not upon the States they [the peo
ple] retained all the power they did not grant.
But each State, having expressly parted with so
many powers as to constitute, jointly with the
other States, a single nation, cannot from that pe
riod possess any right to secede, because such se
cession does not break a league, but destroys the
unity of a nation, and any injury to that unity is
not only a breach which would result from the
contravention of a compact, but it is an offence
against the whole Union. To say that any State
may secede from the Union, is to say, that the
United States are not a nation, because it would
160 POLITICAL FALLACIES.
be a solecism to contend that any part of a nation
might dissolve its connection with the other parts,
to their injury or rnin/ without committing any
offence. Secession, like any other revolutionary
act, may be morally justified by the extremity of
oppression ; but to call it a constitutional right, is
confounding the meaning of terms, and can only
be done through gross error, or to deceive those
who are willing to assert a right, but would pause
before they made a revolution, or incur the penal
ties consequent on a failure.
" Because the Union was formed by compact,
it is said, the parties to that compact may, when
they feel themselves aggrieved, depart from it ;
but it is precisely because it is a compact, that
they cannot. A compact is an agreement or bind
ing obligation, &c., &c."
On p. 802 General Jackson proceeds : " The
States severally have not retained their entire sov
ereignty. It has been shown that, in becoming
parts of a nation, not members of a league, they
surrendered many of their essential parts of sov
ereignty. The right to make treaties, declare war,
levy taxes, exercise exclusive judicial and legisla
tive powers, were all of them functions of sovereign
power. [He might have added naturalization of
foreigners, which belonged to the States under the
FALLACY A GRATUITOUS ASSUMPTION. 161
Articles, but is given by the Constitution to the
United States.] The States, then, for all those
important purposes, were no longer sovereign. The
allegiance of their citizens was transferred, in the
first instance, to the Government of the United
States ; they became American citizens, and owed
obedience to the Constitution of the United States^
and to laws made in conformity with the powers
vested in Congress." On p. 806, having pointed
out the unparalleled prosperity and happiness of the
country, especially of the people of South Carolina, to
whom the proclamation is addressed, he proceeds :
" And for what, mistaken men ! for what do you
throw away these inestimable blessings for what
would you exchange your share in the advantages
and honor of the Union ? For the dream of a
separate independence a dream interrupted by
bloody conflicts with your neighbors, and a vile
dependence on foreign power. If your leaders
could succeed in establishing a separation, what
would be your situation ? Are you united at
home are you free from the apprehension of civil
discord with all its fearful consequences ? Do our
neighboring republics, every clay suffering some new
revolution or contending with some new insurrec
tion do they excite your envy ? But the dictates
of a high duty oblige me solemnly to announce
162 POLITICAL FALLACIES.
that you cannot succeed. The laws of the United
States must be executed. I have no discretionary
power on the subject my duty is emphatically
pronounced in the Constitution. Those who told
you that you might peaceably prevent their exe
cution, deceived you they could not have been
deceived themselves. They know that a forcible
opposition could alone prevent the execution of
the laws, and they know that such opposition must
be repelled. Their object is disunion ; but be not
deceived by names : disunion by armed force, is
treason. Are you really ready to incur its guilt ? "
Oh ! si sic omnes. If a Jackson had been in the
Presidential chair, we should not now be in the
midst of a bloody rebellion.
CHAPTEK XVII.
POLITICO-ECCLESIASTICO DISCUSSION FALLACIES
EXPOSED.
DOCTOR SPEIXG S EESOLTJTIOXS IN" THE GEXEEAL ASSEMBLY OF
THE PEESBYTEEIAN CHUECn HISTOEY AND EEMAEZS.
THESE five following chapters have a peculiar
type, indicated, obscurely indeed, by the above
caption. They involve discussions of the great
matters before the nation fealty, loyalty, Chris
tian duty in these times. They are not religious,
properly speaking, nor ecclesiastical ; and, though
they have phrases adapted especially to interest
Presbyterians, yet the essence of the whole will
prove, I doubt not, as interesting as any of the
preceding ; because the arguments examined are
common, and regard the duties of all sects and
of no sect. The XVIIIth and XXIst have no re
lation to anything peculiai^to any denomination.
On the morning of the 18th of May " Dr. Spring
offered a resolution, that a Special Committee be
appointed to inquire into the expediency of this
164: POLITICAL FALLACIES.
Assembly making some expression of their devotion
to the Union of these States and their loyalty to
the Government ; and if, in their judgment, it is
expedient so to do, they report what that expres
sion shall be." (See Min. Gen. Assem., p. 303.)
"On motion of Mr. Hoyte, this resolution was
laid on the table, by a vote 123 to 102."
Remark : 1. On a motion of simple inquiry,
a refusal seldom occurs in any body where free dis
cussion is allowed. Nothing but some evident,
glaring impropriety ever occasions a refusal of a
committee to inquire. But such impropriety, the
vote here, and the subsequent action of the body,
prove had no existence.
2. A motion to lay on the table a resolution
before discussion, and especially if the mover is a
respectable man, not given to be troublesome, is, to
say the least, discourteous. It contains a severe
rebuke. But to take snap judgment, if you will
pardon the expression, on a man so aged, so ven
erable, so dignified, gentlemanly, and courteous,
and withal so universally admired and beloved
throughout the churches, seems to me altogether
, outside of the amenities, of Christian intercourse.
3. This impropriety this want of delicate
Christian sensibility is greatly enhanced by the
source of the motion to lay on the table. A Ten-
POLITICO-ECCLESIASTICO DISCUSSION. 165
nesseean, at least, ought to have shrunk from it.
Surely it ought to have been left for some North
erner neighbor to Dr. Spring.
"A call for the c yeas and nays/ to be recorded,
was made by Mr. Kobertson, after the members
had begun to vote by rising, which the Moderator
declared to be out of order." This decision, absurd
as it is, was not appealed from. It is the usual
course, when it is obvious that there is a close vote
and that it is exceedingly difficult to count so large
a number accurately, to resort to the yeas and nays
as the only way to insure certainty, and such is the
rule parliamentary ; and this may be done even
after the vote is taken.
" After the result had been announced, Mr. H.
K. Clarke moved to take this resolution up from
the table, and on this motion called for the yeas
and nays/*
This occasioned discussions about points of
order for the rule forbids discussion of the motion
to take off the table until Wednesday morning,
May 22, when, to cut off such discussion, " Dr.
Spring offered a paper with resolutions respecting
the appointment of religious solemnities for the
4th of July next, and the duty of ministers and
churches in relation to the condition of the coun
try ; which, on motion of Dr. Hodge, was made the
166 POLITICAL FALLACIES.
first order of the day for Friday morning next."
(Min., p. 308.)
For a whole week, off and on, these resolutions
were discussed with great zeal and ability. Vari
ous amendments, substitutes, &c., were offered, and
one strenuous effort was put forth to lay the whole
subject on the table, which motion, made by Dr.
Hodge, was decided by ayes 87, and noes 153.
The final vote was taken on Wednesday evening,
May 29 ayes 156, noes 66.
It is unfortunate that Dr. Spring s resolutions
were not put on the record until after all discus
sion, amendments, &c., were ended ; so that the
reader cannot easily learn what the originals were.
But as finally adopted, they stand thus :
" Gratefully acknowledging the distinguished
bounty and care of Almighty God toward this
favored land, and also recognizing our obligations
to submit to every ordinance of man for the Lord s
sake, this General Assembly adopt the following
resolutions :
" Besolved, 1. That in view of the present
agitated and unhappy state of this country, the
1st day of July next [Dr. Spring had it the 4th,
the day on which Congress was to meet] be hereby
set apart as a day of prayer throughout our land ;
and that on this day ministers and people are called
POLITICO-ECCLESIASTICO DISCUSSION. 167
on humbly to confess and bewail our national sins;
to offer our thanks to the Father of lights for His
abundant and undeserved goodness toward us as a
nation ; to seek His guidance and blessing upon
our rulers and their counsels, as well as on the
Congress of the United States about to assemble;
and to implore Him, in the name of Jesus Christ,
the great High Priest of the Christian profession,
to turn away his anger from us ; and speedily restore
to us the blessings of an honorable peace.
" Hesolved, 2. That this General Assembly, in
the spirit of that Christian patriotism which the
Scriptures enjoin, and which has always character
ized this Church, do hereby acknowledge and declare
our obligations to promote and perpetuate, so far as
in us lies, the integrity of these United States, and
to strengthen, uphold, and encourage the Federal
Government in the exercise of all its functions
under our noble Constitution ; and to this Consti
tution, in all its provisions, requirements, and prin
ciples, we profess our unabated loyalty.
" And to avoid all misconception, the Assembly
-declare that by the terms c Federal Government/
as here used, is not meant any particular adminis
tration, or the particular opinions of any particular
party, but that central administration which, being
at any time appointed and inaugurated according
168 POLITICAL FALLACIES.
to the forms prescribed in the Constitution of the
United States, is the visible representative of our
national existence." (Min., 331.)
I have placed the whole matter adopted by the
Assembly before the reader, although the first para
graph of the second resolution alone will come un
der the following discussion. The second paragraph
was not in Dr. Spring s resolution, but was append
ed by the Assembly. It may be proper to say that
the doctor was taken ill, and left at an early part
of the discussions, in which he can scarcely be said
to have participated.
Before proceeding to the main object .of this
chapter, viz., the exposition of the fallacy which,
pervades the arguments against the resolution, a
few general remarks seem proper. A majority, I
hope, of my readers know nothing of the ecclesias
tical relations of this matter, and are therefore the
better qualified to judge the resolution simply on
its merits. What does it teach ?
1. Here is a simple, acknowledgment and decla
ration of a fact. " This General Assembly do ac
knowledge and declare." There is not the sem
blance of an authoritative dictum of a legislative or
judicial body : no command, no order, no decree,
no injunction upon any human being or class of be
ings, ordering them to do or not to do anything
POLITICO-ECCLESIASTICO DISCUSSION. 169
whatsoever. It is a simple declaration of a
fact.
2. This fact is, that obligations lie, not upon
you, or Napoleon III, or Pio Nino, or the members
of the church at Smyrna, or New Orleans, or the
church of Nashville ; nothing at all of all this, but
on us our obligations. We, the General Assem
bly, do declare the fact obligations lie on us. Had
this body, i. e., a majority, a right to declare this
fact ? Assuredly, if it was true, they had ; if it
was not true, they had not. But suppose some
thought it was not true ; they felt no such obliga
tion : must they, are they bound to assert a false
hood ? No ; they are bound to say no, to tell the
truth, and say they feel no obligations to
3. Promote and perpetuate the integrity of
these United States. This is the first obligation
declared and acknowledged. On whom does it lie ?
On us our obligation. To promote and perpetuate
is not enjoined is not commanded. No obligation
is created by this act, nor attempted or professed
to be created. But simply the preexistent, the
always existent obligation, is acknowledged and de
clared to perpetuate the Union.
4. But even this is not conceived or expressed
to be absolute. An unlimited obligation to pro
mote and perpetuate the Union is not declared to
8
170 POLITICAL FALLACIES.
be on us ; but only " so far as in us lies." If, then,
Mr. Hoyte or Dr. Backus are so situated that they
can do nothing at all toward promoting and per
petuating the integrity of the United States, there
is not here even a declaration of obligation lying
upon them ; absolutely nothing.
5. And this qualification, " so far as in us lies,"
extends to every one of the things in reference to
which the Assembly acknowledges " our obliga
tions."
6. Here is a profession of faith and attachment
unabated to our Constitution. There is no com
mand, order, or decree laid upon any human being ;
but a simple declaration of a fact " our unabated
loyalty." If, then, any man does not fed it, let
him not say it. We, the Assembly lay no hand on
him : no such idea is anywhere found in any part
of any of the Spring resolutions. And yet,
7. In the face of these facts, in the very teeth
of this resolution, it was affirmed in the discus
sion to be an usurpation of power, a decree of
excision, leading to schism in the church ; and this,
although all the church knew that the decree of
schism had gone forth from Columbia, the ruling
centre of the South. The Presbytery of Charleston
had appointed commissioners to this very Assembly ;
but the guns against Sumter woke up the lion,
POLITICO-ECCLESIASTICO DISCUSSION. 171
who, by the by, was not asleep ; a pro re nata meet
ing of Presbytery was called, the commissions were
revoked, and the steps inaugurated for secession
from the Presbyterian Church in these United States.
Others followed suit. The Presbytery of Lexington
appointed their commissioners before I left it. South
Carolina moved, and the commissioners never at
tended they were dragged out. This resolution,
it was affirmed, made new terms of communion
subverted the Constitution, and forced men to pray
and work for the Union, when it was sure to lead
to their execution. In my brief span of experience
I certainly never saw such an extended discussion,
and so ably and zealously conducted, entirely aside
from and outside of the paper from which it started.
This was owing to the warmth of the opponents and
their excited imaginations. They having gone on
to this ground, their opponents followed them in
the wild chase. But the grand mistake of all re
mains to be pointed out, and must be the subject
of a distinct chapter.
CHAPTER XVIII.
FALLACY RELIGION HAS NOTHING TO DO WITH
POLITICS.
THIS dialogue between Captain Smith and his
pastor, Rev. Mr. Brown, is thrown in here because
the principle vindicated by Mr. Brown comes in
necessarily in the discussions of the succeeding
chapters.
Captain Smith. Good morning, Mr. Brown !
I hope I see you well after the hard service of
Sunday.
Pastor Brown. Thanks to our good Master, I
am nothing the worse of the labors of the Sabbath ;
but I don t quite like the expression "hard, which
you apply to the services of the holy day. I often
think of the remark of old Father Scrimgeour, a de
voted and godly Scotch preacher of New York
State, who used to say, " Preaching has been often
the worse, of me, but I have never been the worse of
preaching."
Capt. S. Very true ; but you seemed yesterday
RELIGION AND POLITICS. 173
to exert yourself so vigorously, that I supposed you
must feel uneasy and Mondayish this morning. You
did pour it upon them with all your might. By the
way, Mr. Brown, did you know you gave a little
offence to some of your hearers, by your remarks
about whiskey, bribery, and the tricks and schemes
of the demagogues, about these election times ?
Mr. B. Sorry for that ; I certainly didn t wish
to wound the feelings of any sinner improperly, and
God forbid that I should sin against the generation
of the just. Who is it that I have offended ?
Capt. S. Old Tom Harris thinks you came a
little too close on him in your remarks about whis
key and bacon ; and, indeed, considering he s so
poor, and has unfortunately got such a habit of
drinking, he seems as if he couldn t help it ; and I
pitied the poor dog, and thought, at the time, that
perhaps it would be better not to bring politics into
the pulpit at all. Fve long thought there was truth
in the proverb, " Eeligion has nothing to do with
politics ; " and, to be candid, you came so close
sometimes, that I began to wince myself ; for, you
know, I m a little of a politician, too.
Mr. B. Well, it s true I do cut pretty close
sometimes ; but then, you see ; it seems to come
right in my way. How could I expound the lan
guage of my text, and show the character of the
POLITICAL FALLACIES.
good man, " who walketh righteously, and speaketh
uprightly ; he that despiseth the gain of oppres
sions, that shaketh his hands from holding of
bribes/ without saying something which must
make men wince who act differently ? I vowed at
my ordination to " preach the word," whether men
will hear or whether they will forbear. There s an
other proverb worthy of recollection : "If the shoe
fits you, put it on." My^sworn duty is to present
to my hearers the plain meaning of the word, leav
ing it to conscience and to the Holy Spirit to bring
it home to the individuals to whom it is adapted.
Copt. S. Ay, but these election times, when
we politicians are somewhat excited and on the
sharp lookout, it appears as if it might be prudent
(excuse my freedom) to bear off politics, at least till
we get time to cool down.
Mr. B. That is plausible, and I don t at all
wonder that you feel so. But then, my dear sir,
just look at the matter from my standpoint : " Ke-
prove, rebuke, exhort, with all long suffering and
doctrine." Now, does it seem common sense to re
prove and rebuke evils that have no existence at the
time and place ? Should not the blister be laid
where the inflammation is, and at the time ? Be-
sides, Captain, your proverb, Eeligion has nothing
to do with politics, has, perhaps, led you into a mis-
RELIGION AND POLITICS. 175
take in your reasoning. I, on the contrary, affirm
that religion is the very foundation of politics.
Capi. S Oh ! that ll never do. We ll differ
entirely ; here is a direct contradiction. If you take
this ground, you ll be everlastingly preaching against
the Democrats, or the Whigs, or the Kepublicans,
ithe secession rebels or the loyal Unionists; and well
get no gospel at all.
Mr. B. Not quite so fast, Captain. There is
another scripture which I try to keep in mind :
" Kightly dividing the word of truth, giving to every
man his portion of meat in due season/ 7 Besides,
Captain, we don t differ much, after all. Your pro
verb and mine are not contradictory, as you suppose,
but both are true, when you come to understand the
meaning of the terms; and if you will bear with me,
I will endeavor to explain wherein you are deceived
by the vague, equivocal, double meaning of a word.
The term politics, in your proverb, means partyism,
political management, tricks of faction, duplicity,
deception, wirepulling, frauds upon the purity of
elections, whiskey and other bribery, pipelaying, and
all the thousand devices that go to make up the
character of the demagogue. So, lie s a great poli
tician means that the man is up to all these he s
an adept in them. Now, in this sense, I perfectly
agree with you, religion has nothing to do with pol-
176 POLITICAL FALLACIES.
itics. Surely there is no religion in all these. So
there we are agreed.
But there is another sense in which the word_po-
itics is used. It includes great knowledge of polit
ical affairs the principles of government the very
nature of man in regard to society, to law, to jus
tice, to social order, to national and international
affairs. Thus, we say, Washington, Jefferson, the
Adamses, Madison, Jay, Franklin, Morris, &c., were
profound politicians. They had studied with great
success the principles of political science and econ
omy. I like their politics L e., their sentiments.,
their doctrines in reference to political affairs.
When, therefore, I say that religion is the founda
tion of politics, I don t differ from you in regard to
things. The difference lies merely in the meaning
of a term.
Capi. S. Oh, very well. Fni glad to find we
agree as to principle. To be sure, there is no
sure foundation for civil government but the moral
law. If we abandon the pure doctrines of the Bible,
we can never build up a political fabric that will
endure ; and I have always understood that our
great politicians, judges, statesmen, have declared
Christianity to be a part of the common law.
Mr. B. But, Captain, I noticed you said princi
ple I agree with you in principle. If so, we can-
RELIGION AND POLITICS. 177
not greatly differ in practice. Yet, allow me to
point out the fallacy which had almost made us to
differ. It lies in the double meaning of the word
politics. In Chapter XIII we have seen that logical
fallacies are generated by the creation of a fourth
term ; and here we have it. You compare religion
with politics, in one sense, and perceive that they
differ, and hence you infer that ministers ought to
abstain from preaching politics, and find fault with
me because I preach politics, which I do in quite
the other sense. I advocate no party principles or
party chicanery ; but simply expound the doctrines
of the moral law, and apply them in rebuking and
reproving the misdeeds of political partisans and
all others.
Here we have, then, the devil s double entendre,
by the adroit use of which he has succeeded to a
large degree in paralyzing the pulpit and destroy
ing its power for good over one large portion of its
appropriate field. Under this fallacy, politicians
have become a privileged class. They occupy a
sphere within which " the reproofs of instruction,
which are the way of life/ must not presume to
enter. With regard to lying, swearing, treating,
drunkenness, bribery, Sabbath electioneering, &c.,
&c., connected with political management, this fal
lacy cries, " Hands off, preachers ! This ground
8*
178 POLITICAL FALLACIES.
V
is appropriated to his Satanic Majesty. He has
turned politician, and religion has nothing to do with
politics ; ergo, shut up, and let us alone ; art thou
come to torment us before the time ? "
And now, my dear Captain, I must close ; and
I leave for your serious consideration the following
question, viz. : When the devil claims his own and
carries off the politician, where will the man be
found ?
CHAPTEK XIX.
FALLACY THE SPRING RESOLUTIONS DECIDE NO
POLITICAL QUESTION.
THIS is the main position of the opponents ; v
and, as it involves the subject of moral obligation
to government, its discussion here will, I hope, aid
in settling the true doctrine, by exposing the fal
lacy by which gigantic efforts were put forth for its
overthrow.
It is agreed, on all hands, that Church and
State have each their own proper sphere within
which to act ; whilst it is sometimes difficult to
run the division line with precision between them.
Both in the Assembly of 1861 and 1862 the Con
fession of the Presbyterian Church, chap. 31, sec.
4, was cited in their favor by the protestants :
" Synods and councils are to handle and conclude
nothing but that which is ecclesiastical ; and are
not to intermeddle in civil affairs which concern
the commonwealth, unless by way of humble peti
tion in cases extraordinary ; or by way of advice for
180 POLITICAL FALLACIES.
the satisfaction of conscience, if th ey be thereunto
required by the civil magistrate." Hence, it was
triumphantly concluded, this resolution is con
demned ; and this by men of sound, logical minds !
It was plainly evident, nevertheless, that they per
ceived not at all their perfectly gratuitous assump
tion, that the resolution aimed to settle a political
question, and was therefore intermeddling, in the
sense of the Confession. But now, this was the
very point in dispute. To declare our obligations
to obey magistrates, to be loyal, " so far as in us
lies," to support our Government is this a political
question ? Or is it of the very highest morality ?
None of these brethren ever thought love of coun
try, love to civil officers, obedience to all their law
ful commands, belonged to the domain prohibited
to the church ; for they all know that a large part
of the church s duty is to inculcate these virtues,
and also to censure for their neglect. When Peter
(1st Ep., chap, ii, 13, 14) commanded, " Submit
yourselyes to every ordinance of man, for the Lord s
sake ; whether it be to the king, as supreme ; or
unto governors, as unto them that are sent by him
for the punishment of evil doers and for the praise
of them that do well," did he intermeddle with
civil affairs ? What is intermeddling ? It is, lit
erally and truly, coming in between another person
DK. SPRING S RESOLUTIONS. 181
or party and his proper duty or business, so as to
hinder or obstruct its performance. Or, as the
Assembly s able and conclusive answer to the pro
test puts it, did Christ intermeddle when he said,
" Eender to Ceesar the things that are Caesar s " ?
Besides, this citation from the Confession bears
against the protestants in another way : Synods are
not to intermeddle, " unless by way of humble peti
tion in cases extraordinary." I suppose ours is a
case extraordinary ; and yet the Assembly did not
go the length even of humble petition to the civil
powers. Some brethren, indeed, of the opposition,
did telegraph to Attorney-General Bates, to get his
counsel and aid in support of their cause ; but the
Assembly kept within their own proper sphere, and
did not even give a side glance to the peculiar
province of the civil magistrate. Let the opponents
of the resolution prove that it intermeddles in civil
affairs, and their business is concluded ; but a
sweeping petitio principii is not a logical finality.
It is sometimes important in controversy (and
there are people who think it very important) to as
certain what is the precise point in dispute. In the
present case, the Spring resolution was not the point.
The doctrine it contains was, with very nearly perfect
unanimity, considered true and proper abstractly
sound and good and all men approved it. Dr.
182 POLITICAL FALLACIES.
Hodge, the author of the protest, and indisputably
the ablest debater in the opposition, uses very strong
language : " We make this protest, not because we
do not acknowledge loyalty to our country to be a
moral and religious duty, according to the word of
God, which requires us to be subject to the powers
that be ; nor because we deny the right of the As
sembly to enjoin that and all other like duties on
the ministers and churches under its care ; but be
cause we deny the right of the General Assembly
to decide the political question, to what govern
ment the allegiance of Presbyterians, as citizens,
is due, and its right to make that decision a condi
tion of membership in our church." (See Min., p.
339.) This last, as to a condition of membership,
we have seen is utterly a mistake : nothing of the
kind. is contained in the resolution, and, of course,
nothing of the kind is inferable from it. But here
is a full acknowledgment of the right and authority
of a church court to teach and enforce all duties of
loyalty as moral and religious. Again he says
(Princeton Eeview, 1861, p. 559) : "We believe
the course of the South, in its attempt to break up
our glorious Union, is unreasonable, ungrateful, and
wicked. We believe that the war in which the
Government is now engaged is entirely righteous,
necessary for the preservation of our existence as a
DR. SPRING S RESOLUTIONS. 183
nation, and for the security of the rights, liberty,
and well being, not only of this generation, but of
generations yet unborn. We believe that it is the
duty of every man in these United States to do all
that in him lies to strengthen, sustain, and en
courage the Federal Government in the conflict in
which it is now engaged/ This is extremely sat
isfactory. What, then, is wrong ? What is the
point in controversy ? If we succeed in answering
this question, we shall probably succeed in expos
ing the fallacy. The first step, according to old
Walton, toward cooking a sturgeon, is to catch
him. Where is he ? Just here : " The General
Assembly has no right to decide the political ques
tion, to what Government the allegiance of Presby
terians, as citizens, is due."
In like manner, the paper adopted by the Synod
of Kentucky, which was drawn up by Dr. K. J.
Breckinridge, the strongest and most heroic de
fender of the right on these questions, asserts " the
subject matter of the action of the Assembly, in
the premises, being purely political, was incompe
tent to a spiritual court. Undoubtedly it was in
competent to the Assembly, as a spiritual court, to
require or to advise acts of disobedience to actual
governments by those under the power of those gov
ernments."
184 POLITICAL FALLACIES.
In like manner, the Presbytery of Louisville
says : " The assumption of power to determine
questions of political allegiance is directly contrary
to the teachings of Christ and his apostles, who
uniformly enjoin obedience to Caasar as a Christian
duty, but abstain from determining as between the
claims of rival Caesars to the allegiance of Chris
tians."
Two points, undoubtedly, are taken by these
gentlemen : 1st. That the question involved in the
Spring resolutions is purely political, as contradis
tinguished from moral and religious ; viz., to which
of two governments Presbyterians owe allegiance.
2d. That the church has no right and power to
decide this question.
Their argument, logically stated, is thus :
The decision of a question purely political, is
not within the church s power.
But the Spring resolutions are a decision of a
question purely political :
Therefore, the Spring resolutions are not within
the church s power.
We concede the major we admit that purely
political questions lie without the sphere of church
authority. The battle field, therefore, is the minor
premise, and, as it is an affirmative proposition, the
185
onus probandi lies upon those who claim the con
clusion ; and we shall certainly not yield it to them
until they may and shall have proved that this is a
purely political matter. This has been attempted,
especially in their protest and its defence in the
Princeton Keview. And the first response we
make is an ad hominem to that distintinguished
and able advocate. In the number for July, 1S62,
p. 515, he says : " We remarked on the floor of the
last Assembly, that we would cheerfully vote for
Dr. Spring s resolutions, if introduced into the
Synod of New Jersey, although constrained to vote
against them, as the decisions of the Assembly.
Those resolutions declare it to be the duty of our
Southern brethren to maintain the integrity of the
Union, and to sustain the General Government."
And is it not the duty of our Jersey brethren to
sustain the General Government ? Are there no dis
ciples of Calhoun in that Synod ? If the Spring
resolutions contain a political question in the As
sembly, why not in the Synod ? Is there no branch
of the Knights of the Golden Circle in New Jersey ?
in Pennsylvania ? in Ohio ? in Indiana ? in Mary
land ? Why not refuse to vote for the resolutions
in these localities, for the benefit of the band sworn
to assassinate Abraham Lincoln ?
2. Another special ad hominem. The Keview
183 POLITICAL FALLACIES.
*
lays great stress on the representation in fact pres
ent in the Assembly. The protest says : " It was,
in our judgment, unfair to entertain and decide such
a momentous question, when the great majority of
our Southern Presbyterians were, from necessity,
unrepresented in this body." To this the Assem
bly responds : " We need only reply, that the roll
of this Assembly shows delegates from Virginia,
Kentucky, Missouri, Tennessee, Mississippi, Louis
iana, and Texas. All might have been easily
represented." But the Princeton Review (1862,
p. 516) says : " The Assembly of 1861, represent
ing the South as well as the North, did decide a
O
grave political question. The Assembly of 1862,
representing only the loyal States, decided no such
question, but simply enjoined a duty, which binds
all for whom the Assembly acted, no matter how
that political question may be decided." We leave
these two to face one another on the line of contra
diction, with the remark, that in the Assembly of
1861, there were forty-one, or, omitting six in
foreign lands, thirty-five Presbyteries unrepresent
ed ; and in that of 1862, sixty-seven, out of one
hundred and sixty-seven, or, omitting six in
foreign countries, sixty-one. Surely it is not in
tended to affirm the doctrine, that Presbyteries
not represented through their own delinquency
have ground of complaint in this fact ; or that the
187
action of the Assembly properly affects only those
represented. Can they take advantage of their own
wrong ?
3. The Eeview admits (1861, p. 542) the
point in debate : " Under these circumstances the
General Assembly was called upon to take sides.
This had been an easy and obvious duty, if all Pres
byterians represented in the Assembly, and whose
organ it was, had been of one mind on the subject.
But, alas ! this was not so." And why was it not
so ? Was it the fault of the 156 ayes or of the 66
noes ? Yes, it is easy to decide when all are of one
mind ; but if a minority dissent and steadfastly
hold their position, must the majority succumb, and
waive their duty, and their rights forego ? This is
Calhounism Davisism, of the most recent stamp.
Mr. Jefferson Davis, in his message in April, 1861,
says : " And so utterly have the principles of the
Constitution been corrupted in the Northern mind,
that in the inaugural address delivered by Presi
dent Lincoln in March last, he asserts, as an axiom
which he plainly deems to be undeniable, that the
theory of the Constitution requires that in all cases
the majority shall govern." (Reb. Eec., vol. i,
Doc., p. 168.) Here is the aristocratic idea which
the Constitution of the United States is bound to
put down when, it guarantees to every State a re-
188 . POLITICAL FALLACIES.
publican form of government. Now, are we to have
aristocracy also in the church, and must minorities
govern ? If South Carolina chooses to bo in the
Assembly, by her commissioners, then the majority
may govern, unless South Carolina should happen
to differ in opinion from the rest. Then and in that
case the minority must govern. And our brethren
must either admit this, or grant the right of seces
sion in the church. Why were not the Southern
Presbyteries in the last two Assemblies ? Because
they did not choose to be where they could not con
trol by majorities or minorities. Was it not no
torious at Indianapolis and at Rochester, that the
Southern Presbyteries were then preparing to se
cede ? Why, the Princeton Eeview substantially
admits the fact, (See p. 556, 1861.) Must the
Northern and Western Presbyteries wait until the
Southern choose to come up ? Here is schism, and
the right is claimed to secede at pleasure ; and, as
was before said, they have exercised the reserved
right. In view of these facts, it is worse than idle
for our brethren to dirge out jeremiads prophetic
over the divisions which the Spring resolutions will
produce. Who was it that exercised the Bright of
secession ? When was it ? Undeniably, before the
Assembly of 1861 met, South Carolina seceded de
facto from the Presbyterian Church.
189
4. Both the Kentucky Synod s paper and the
Presbyterian Keview assume that the Presbyteri
ans in the South must either be absent from the
Assembly, and not pray for the United States Gov
ernment, or be tried for treason and hung. Poor,
unfortunate men ! And this wicked General As
sembly and that cruel and hard-hearted Father
Spring shut them up to the dire alternative of
schism or the gallows. These thoughts pervaded
all the discussions. Oh ! this cruel resolution.
Brethren ! spare your sympathy and tears. These
Southern Presbyterians are either laughing at your
simplicity, or pitying your stupidity.
For, first, it is notorious that they held the
controlling power in their hands. I could name
half a dozen of Presbyterian ministers who could
have arrested the secession, if they had seen fit.
Notoriously, the Presbyterian ministers of the
South were the leading spirits of the rebellion. It
could not have been started without them. That
stupendous victory, won by ten thousand of the
unconquerable chivalry, over Eobert Anderson and
his seventy-two half-starved soldiers, after thirty-six
hours of heavy cannonading, could never have been
achieved but for the encouraging shouts of Rev.
James H. Thornwell, D.D., and Rev. Benjamin ,./
M. Palmer, D.D.
But, secondly, even in the Border States, the
190 . POLITICAL FALLACIES.
Presbyterian ministers alone, if they had had a
moiety of the heroic, martyr spirit of Eobert J.
Breckinridge ; could have shut up the sluices of
treason and turned the battle from the gates.
All that was needed was to present a solid front,
and the demon spirit would have cowered before
them, and slunk back to his own den. Had my
beloved brother Dr. White and his twelve Union el
ders stood firmly together, all the demons of pan
demonium and Charleston too could not have driven
them from Kockbridge county, and forced treason
and rebellion on a people who had voted more than
ten to one in favor of the Union candidates for the
convention.
But, thirdly, it were better to die a martyr to
religious liberty and the oaths they had taken to
support the Constitution of the United States,
than to be dragooned into treason, perjury, and
rebellion. Posterity will know who are more re-
spected and esteemed in history, Dr. Breckinridge
or Dr. Palmer. The newspapers report that
Breckinridge has been seized by the guerilla bands :
be it so ; they cannot conquer him, and they dare
not hang him. God is his shield and buckler.
The assassin s dagger cannot reach those whom
Divine power would protect. Kentucky and Ten
nessee have a pledge of their ultimate redemption
in the unconquerable spirit of such heroic men.
191
One other point of weakness in the minor pre
mise is the fact, admitted too by the very men
whose argument it destroys, that war was begun on
Fort Sumter at half past four o clock on the morning
of Friday, April 13th ; that the first glorious victory
of secession first except by false syllogisms had
occurred, on the 15th, when the fort surrendered ;
that the victorious general, all hanging over with lau
rel, and a great army in his train, was on his march
for Washington, with the avowed purpose of captur
ing that city. On the 10th of May, nineteen days
before the adoption of the obnoxious resolutions,
Major-General E. E. Lee was ordered by the rebel
secretary to the command of the army in Virginia.
In short, secession had, as its nature required, even
tuated in rebellion and civil war. Now the gentle^
men admit (see protest) that " loyalty to our coun
try is a moral and religious duty/ that treason
and perjury are sins, and that it is the duty of the
Assembly to bear witness against sins of all kinds.
It is notoriously untrue, therefore, that the resolu
tion is political. Its drift and purport, and design
and end and object, is to rebuke the bloody spirit
of war then waging, and the treason which generated
that war. The minor premise is glaringly false, and;
the argument no argument at all ; but a most
bloody fallacy.
CHAPTER XX.
THE GRAND FALLACY THE GRATUITOUS AND FALSE
ASSUMPTION THAT THE SOUTHERN REBELLION IS A
GOVERNMENT.
THE man who stands on the locomotive ; lever in
hand, governs the engine. His management of it
is a government. The two balls, the levers, the
pins, joints, &e., which regulate the steam upon the
engine in the mint, at the factory, the grist mill, are
called a governor, and this regulating influence is a
government. The management of a gang of labor
ers on the turnpike, the ruling influence over a squad
of soldiers, of policemen, of children in a school, is a
government. The management of religious matters
in a church, and of civil matters in a state, is a gov
ernment. Now this infinite variety of meanings
must be kept in view when we say the Southern
rebellion is not a government it has not resulted
in a government. Virginia, South Carolina, Penn
sylvania is not a government is not a sovereign
power is not a nation. We speak of the Govern
ment of the United States, and the Government of
THE GRAND FALLACY. 193
Pennsylvania ; but by the former we mean very
differently from the latter : this is not a power in
the sense of the Bible, that is, a power supreme. In
short, analogous distinctions exist here to those
pointed out in Chap. IV., in regard to sovereignty.
The phrase United States Government has a clear
and well defined meaning the world over. All na
tions understand it as designating an independent,
sovereign power, having all the rights, privileges,
prerogatives of absolute supremacy ; there is no
power above it ; it is amenable to none but God.
None can dictate law to it or call it to account, but
for violations of international law ; and that only by
war. Now, in this highest sense, I deny the propo
sition that the Confederate States of America, so
self-named, the C. S. A., is a government, and
that any State is a government. (See Chaps. VI.
and VII.) The converse of this proposition is the fal
lacy of fallacies on this whole subject, and it per
vades the entire argumentations of those who oppose
the Spring resolutions : it is a petitio principii.
The protest (see Min. 1861, p. 339) states it
thus : " We deny the right of the General Assem
bly to decide the political question, to what govern
ment the allegiance of Presbyterians, as citizens, is
due/ i. e., two governments, viz., the United States
on the one hand, and the State of South Carolina,,
9
194 POLITICAL FALLACIES.
or the C. S. A., on the other. Now the question is,
to which of the two is that allegiance due ?
Again, same page, " The question is whether
the allegiance of our citizens is primarily due to the
State or to the Union." Here are tioo governments
claiming allegiance or, as Lord Coke defines alle
giance, " the highest and greatest obligation of duty
and obedience that can be." Allegiance to two,
therefore, is impossible is an absurdity is incon
ceivable : no man can serve two masters.
On the next page, the resolution, they say,
" puts into the mouths of all represented in this
body a declaration of loyalty and allegiance to the
Union and to the Federal Government. But such
a declaration, made by our members residing in what
are called the seceding States, is treasonable."
Treason is levying war against the government of
one s country, or giving aid and comfort to an ene
my carrying on war against one s country. If, then,
it is treasonable to profess fealty to the United
States, the treason must be against another govern
ment the C. S. A. Here for the third time is the
assumption that the rebellion is a government a
supreme, sovereign power.
On the preceding page there is another in
stance : " A man may conscientiously believe that
he owes allegiance to one government or another."
THE GRAND FALLACY. 195
Two supreme, sovereign powers are everywhere im
plied.
5th Case. (See Pr. Eev. for 1861, p. 558.)
" But suppose there is a difference of conscien
tious conviction among the members of the church
as to the government to which their allegiance is
due, what is the province of the church in that
case ?" Here again we have the idea of two su
preme sovereignties claiming allegiance. Though
not necessary to my logic, I stop to remark, that
the exemplifications adduced by way of argument
are entirely inapplicable. The question between
the houses of York and Lancaster, between Charles
I and the Parliament, between Orange and the
Stuarts, and about the Salic law in Spain, were not
at all questions of two supreme governments, but
simply which of two was the head of the one sover
eignty of England or of Spain ; mere questions of
succession.
6. (do., p. 562.) " Is not South Carolina a gov
ernment ? Are not Georgia, Alabama, Virginia
commonwealths ? " These brethren do not pre
sume to say that the Assembly did not decide the
question whether the allegiance of Presbyterians as
citizens is due primarily to the several States to
which they belong, or to the United States. The
several States have constitutions and laws which
196 POLITICAL FALLACIES.
their citizens are sworn to support and obey. They
are recognized in the Constitution and laws of the
United States, by the Federal Government, and by
all the nations of the earth. They are established,
legitimate governments, to which allegiance, su
preme or subordinate, is due. The answer, there
fore, entirely ignores the real question in dispute.
Its authors could not, of course, maintain that
there was no difference of opinion among Presbyte
rians as to which of these governments, the State or
Federal, they owe supreme allegiance. It is not
correct, therefore, for them to say that the " As
sembly has not determined, as between conflicting
governments, to which our allegiance is due." This
is the very thing they did decide. The Government
of South Carolina is in conflict with the Govern
ment of the United States ; and the Assembly de
cided that Presbyterians in that State, and every
where else in this country, are under obligations to
strengthen, support, and encourage the Federal
Government.
Observe here the gratuitous assumption that
the Assembly decided against fealty to the State
Governments. There is, however, no reference at
all to State authorities in the resolutions ; nor did
they express the least doubt as to the obligations
to the States constitutions and laws, under the
THE GKAND FALLACY. 197
United States Constitution and laws. Had the
question of loyalty to the States constitutions
been up, there was not, probably, a single member
of the body who would have hesitated a moment in
giving an affirmative answer. Everybody knows
that the Assembly would urge, as a moral duty,
obedience to all legitimate State authority. But,
as this idea was not before the house at all, it is
more than illogical to assume that it was decided.
It was, however, indispensable to their argument
to have two governments to choose between, and
they extemporize one out of a State, at the very
moment when they admit that the State is not a
government, has not a right to supreme allegiance,
is not a power. The Government of South Carolina
is in conflict with the Government of the United
States, and the Assembly decided between them
for the Presbyterian people. Header ! don t you
see the false assumption that South Carolina is a
supreme, sovereign power ?
We must add, that the affirmation that all the
nations of the earth recognize the States as sepa
rate governments, is both equivocal and untrue :
equivocal, because it is doubtful, from the face of
the sentence, whether it means a recognition of
their existence as subordinate portions of the
United States of America, or as independent
198 POLITICAL FALLACIES.
States ; but in both senses it is untrue. No na
tion recognizes, in any legal way at all, any State
separately. No man is known in Europe, or any
other quarter of the globe, as a citizen of New
Jersey, of Pennsylvania ; but only as a citizen of
the United States, resident in New Jersey, Penn
sylvania, &c. No foreigner is ever naturalized a
citizen of a particular State. No citizen travelling
abroad ever applies to the consul of New Jersey,
Pennsylvania, &c., for protection. But we must
return.
The purpose logical for which this quotation is
now made is perfectly accomplished ; viz., to show
that Dr. Hodge and friends do recognize the exist
ence of two governments the United States and
the Confederate States of America. If the rebels
could get as distinct a recognition from France and
England, they would exult in the accomplishment
of their secession and the establishment of their
nationality.
7. I shall quote but one other case : The paper
of the Kentucky Synod makes the same acknowl
edgment. It complains that the Assembly en
couraged the people " to disregard the hostile
governments which had been established over
them, and, in defiance of actual authority of those
governments, to pray for their overthrow. In the
THE GKAND FALLACY. 199
judgment of a large minority of the Assembly, and
of multitudes in the church, the subject matter of
the action of the Assembly, being purely political,
was incompetent to a spiritual court. Undoubtedly
it was incompetent to the Assembly, as a spiritual
court, to require or to advise acts of disobedience to
actual governments by those under the power of
those governments."
Here again, mark the full and distinct recogni
tion of the independent sovereignty of the Confed
erate States of America. They are " actual gov
ernments established over the people" "those under
the power of those governments." And this actual
power is not an unlawful usurpation, but by actual
AUTHORITY. Clearly, here is an acknowledgment
of the Confederate States of America, and all the
rebel States, as legitimate governments, having
actual power and authority. My position is unde
niably established ; viz., that this ill-starred logic,
all along, lays down as the basis of its argumenta
tion and the corner stone of their system, the false
position that the Confederate States of America is
a supreme, sovereign government, to which the peo
ple of the South are bound to swear and maintain
allegiance ; i. e., " the highest and greatest obliga
tion of duty and obedience that can be," as Coke
defines it, is due to the Confederate States of
America.
200 POLITICAL FALLACIES.
Moreover, the Princeton Eeview admits the sev
eral States in rebellion to be governments. " Is
not South Carolina a government ? Are not
Georgia, Alabama, Virginia, commonwealths ? "
Affirmative answer is indispensable to his argu
ment ; but this we cannot concede. True, in one
sense, Virginia is a commonwealth ; but so, Paul
says (Eph. ii, 12), is the church of God "the
commonwealth of Israel." But will Dr. Hodge
therefore affirm that the church is an independent,
sovereign state, having Divine right to enforce civil
allegiance from all within its bounds ? South
Carolina is a government, but only within the
sphere marked out in her own constitution and
that of the United States. This the Beview ex
pressly admits, in the very same paragraph : " They
are established, legitimate governments, to which
allegiance, supreme or subordinate, is due/ Why
say supreme ? Because this is essential to his
argument. But then it is notoriously untrue that
the State Governments are supreme. Jefferson
Davis had to blush to the lugs when he asserted
this doctrine, and proved it by citing the second
article of the Confederation, which expressly denies
it and asserts the contrary.* No wonder, then, that
the amiable and modest Eeview adds, " or subordi-
* See Appendix.
THE GRAND FALLACY. 201
note" This is true, but by no means justifies the
supreme, which is notoriously untrue, but indis
pensable to be assumed in his argument. Here
again we have the equivocal middle true in one
sense, false in another, and this other a sine qua non
of the argument ; which, therefore, is not an argu
ment, but only a plausible sophism.
Thus our brethren acknowledge and declare the
sovereignty and independence of the Southern re
bellion !
But again, astounding as is this annunciation,
they go much farther ; they decide a PURELY PO
LITICAL question.
Toward the support of this allegation, remark,
1. The question whether a given people is a sover
eign, independent nation, is surely purely political.
It belongs to the very highest class of politics
the politics of nations. It is a question incapable
of decision by any one nation. Is Liberia a nation ?
Does it stand, in the view of the world, an inde
pendent, sovereign power ? Has it the right to
declare war, conclude peace, coin money, make
treaties, &c., &c. ? Is not this political ? Can
any but the nations of the world decide it ? Does
it not regard political relations solely ? Most as
suredly, the question of national sovereignty and
independence lies in the higher regions of politics.
202 POLITICAL FALLACIES.
It is not a question of morality simply, and of reli
gion ; for the inhabitants of that region have long
lived there under moral law and religious influences.
They have long had churches and schools, and social
order, and a government acknowledging itself sub
ordinate to some other power. Now, is not the
question of Liberian independence purely politi
cal ? Did our Government suppose itself inter
meddling with morals and religion when it acknow
ledged the independent sovereignty of Liberia ?
Well, then
2. Our brethren, in affirming that the General
Assembly decided, as between the two sovereign
governments, the United States of America and the
Confederate States of America, to which of the two
Presbyterians owe allegiance, did decide, first, that
the Confederate States of America is a supreme,
sovereign power. It takes two to make a bargain ;
and it takes two to make a choice. There is no
choice possible, where there is but one object to
choose between. Hobson s choice is simply no
choice. " There s the horse," says John ; " you
may choose out of my stable ; but your choice is
limited to Dick." Before our brethren can make
us decide, for Presbyterians, to which of two gov
ernments they owe " the highest and greatest obli
gation of duty and obedience that can be," they
THE GRAND FALLACY. 203
must of necessity a logical necessity, absolute and
inevitable present before us at least two objects of
choice. This they have done in admitting the
Confederate States of America to be a supreme, sov
ereign power.
But in doing this they have decided the highest
purely political question. They have done precisely
the thing which they charged us with doing. " They
have digged a pit before me, into the midst whereof
they have fallen themselves."
CHAPTEK XXI.
THE DELIVERANCE OF THE GENERAL ASSEMBLY OF THE
PRESBYTERIAN" CHURCH, 1862.
ON LOYALTY THE BEECKINKIDGE PAPER.
THE following paper, presented by Kev. K. J.
Breckinridge, D.D., was adopted by a vote of 206
yeas and 20 nays, after full and extended discussion.
It may be proper to state that of the twenty nays, all
but five qualified their votes by sundry explanations
in the form of dissents or protest ; so that really
there are on the record but five bold, unqualified
negatives. The paper follows (see Minutes, 1862,
p. 624) :
" The General Assembly of the Presbyterian
Church in the United States of America, now in
session at Columbus, in the State of Ohio, consid
ering the unhappy condition of the country in the
midst of a bloody civil war, and of the church, agi
tated everywhere, divided in sentiment in many
places, and openly assailed by schism in a large sec-
DELIVERANCE OF THE GENERAL ASSEMBLY. 205
tion of it ; considering, also, the duty which this
chief tribunal, met in the name and by the author
ity of the glorified Saviour of sinners, who is also the
Sovereign Kuler of all things, owes to him our Head
and Lord, and to his flock committed to our charge,
and to the people whom we are commissioned to
evangelize, and to the civil authorities who exist by
his appointment ; do hereby, in this deliverance,
give utterance to our solemn convictions and our
deliberate judgment touching the matters herein
set forth, that they may serve for the guidance of
all over whom the Lord Christ has given us any
office of instruction, or any power of government.
" I. Peace is amongst the very highest temporal
blessings of the church, as well as of all mankind ;
and public order is one of the first necessities of the
spiritual as well as of the civil commonwealth.
Peace has been wickedly superseded by war, in its
worst form, throughout the whole land, and public
order has been wickedly superseded by rebellion,
anarchy, and violence, in the whole southern portion
of the Union. All this has been brought to pass in
a disloyal and traitorous attempt to overthrow the
National Government by military force, and to di
vide the nation, contrary to the wishes of the im
mense majority of the people of the nation, and
without satisfactory evidence that the majority of
206 POLITICAL FALLACIES.
the people, in whom the local sovereignty resided,
even in the States which revolted, ever authorized
any such proceeding, or ever approved the fraud and
violence by which this horrible treason has achieved
whatever success it has had. This whole treason,
rebellion, anarchy, fraud, and violence is utterly con
trary to the dictates of natural religion and moral
ity, and is plainly condemned by the revealed will
of God. It is the clear and solemn duty of the
National Government to preserve, at whatever cost,
the National Union and Constitution, to maintain
the laws in their supremacy, to crush force by force,
and to restore the reign of public order and peace
to the entire nation, by whatever lawful means
are necessary thereunto. And it is the bounden
duty of all people who compose this great nation,
each one in his several place and degree, to uphold
the Federal Government, and every State Govern
ment, and all persons in authority, whether civil or
military, in all their lawful and proper acts, unto
the end hereinbefore set forth.
"II. The Church of Christ has no authority from
him to make rebellion, or to counsel treason, or to
favor anarchy in any case whatever. On the con
trary, every follower of Christ has the personal liberty
bestowed on him by Christ, to submit, for the sake
of Christ, according: to his own conscientious sense
DELIVERANCE OF THE GENERAL ASSEMBLY. 207
of duty, to whatever government, however bad, tin
der which his lot may be cast. But while patient
suffering for Christ s sake can never be sinful, trea
son, rebellion, and anarchy may be sinful most
generally, perhaps, are sinful ; and, probably, are
always and necessarily sinful, in all free countries,
where the power to change the government by
voting, in the place of force, exists as a common
right constitutionally secured to the people who are
sovereign. If, in any case, treason, rebellion, and
anarchy can possibly be sinful, they are so in the
case now desolating large portions of this nation
and laying waste great numbers of Christian con
gregations, and fatally obstructing every good word
and work to those regions. To the Christian people,
scattered throughout those unfortunate regions, and
who have been left of God to have any hand in
bringing on these terrible calamities, we earnestly
address words of exhortation and rebuke, as unto
brethren who have sinned exceedingly, and whom
God calls to repentance by fearful judgments. To
those in like circumstances who are not chargeable
with the sins which have brought such calamities
upon the land, but who have chosen, in the exercise
of their Christian liberty, to stand in their lot and
suffer, we address words of affectionate sympathy,
praying God to bring them off conquerors. To
208 POLITICAL FALLACIES.
those in like circumstances, who have taken their
lives in their hands and risked all for their country,
and for conscience* sake, we say we love such with
all our heart, and bless God such witnesses were,
found in the time of thick darkness. We fear, and
we record it with great grief, that the Church of
God, and the Christian people, to a great extent
and throughout all the revolted States, have done
many things that ought not to have "been done, and
have left undone much that ought to have been
done, in this time of trial, rebuke, and blasphemy ;
but concerning the wide schism which is reported
to have occurred in many Southern Synods, this
Assembly will take no action at this time. It de
clares, however, its fixed purpose, under all possible
circumstances, to labor for the extension and the
permanent maintenance of the church under its
care, in every part of the United States. Schism,
so far as it may exist, we hope to see healed. If
that cannot be, it will be disregarded.
" III. We record our gratitude to God for the
prevailing unity of sentiment and general internal
peace which have characterized the church in the
States that have not revolted, embracing a great
majority of the ministers, congregations, and people
under our care. It may still be called, with empha
sis, a loyal, orthodox, and pious church ; and all its
DELIVERANCE OF THE GENERAL ASSEMBLY. 209
acts and works indicate its right to a title so noble.
Let it strive for Divine grace to maintain that good
report. In some respects the interests of the Church
of God are very different from those of all civil insti
tutions. Whatever may befall this or any other
nation, the Church of Christ must abide on earth,
triumphant even over the gates of hell. It is, there
fore, of supreme importance that the church should
guard itself from internal alienations and divisions,
founded upon questions and interests that are ex
ternal as to her, and which ought not by their
necessary workings to cause her fate to depend on
the fate of things less important and less enduring
than herself. Disturbers of the church ought not
to be allowed ; especially disturbers of the church
in States that never revolted, or that have been
cleared of armed rebels ; disturbers who, under
many false pretexts, may promote discontent, dis
loyalty, and general alienation, tending to the un
settling of ministers, to local schisms, and to mani
fold trouble. Let a spirit of quietness, of mutual
forbearance, and of ready obedience to authority,
both civil and ecclesiastical, illustrate the loyalty, the
orthodoxy, and the piety of the church. It is more
especially to ministers of the Gospel, and, amongst
them, particularly to any whose first impressions
had been, on any account, favorable to the terrible
210 POLITICAL FALLACIES.
military revolution which has been attempted, and
which God s providence has hitherto so signally re
buked, that these decisive considerations ought to
be addressed. And in the name and by the author
ity of the Lord Jesus, we earnestly exhort all who
love God or fear his wrath to turn a deaf ear to all
counsels and* suggestions that tend toward a reac
tion favorable to disloyalty, .schism, or disturbance,
either in the church or in the country. There is
hardly anything more inexcusable connected with
the frightful conspiracy against which we testify,
than the conduct of those office bearers and mem
bers of the church who, although citizens of loyal
States, and subject to the control of loyal Presby
teries and Synods, have been faithless to all author
ity, human and Divine, to which they owed subjec
tion. Nor should any one to whom this deliverance
may come fail to bear in mind that it is not only
their outward conduct concerning which they ought
to take heed ; but it is also and especially their
heart, their temper, and their motives, in the sight
of God, and toward the free and beneficent civil
government which he has blessed us withal, and to
ward the spiritual commonwealth to which they
are subject in the Lord. In all these respects we
must all give account to God in the great day. And
it is in view of our own dread responsibility to the
DELIVERANCE OF THE GENERAL ASSEMBLY. 211
Judge of quick and dead that we now make this
deliverance/
On this noble testimony to truth and loyalty I
have little to say. The reader of this and the
Spring resolutions will, of course, form his own
opinion. He will undoubtedly perceive that, in
comparison, the resolutions are mild and gentle
a portion of the lager beer of which the German la
borer testifies, to prove its unintoxicating character,
that he drank ten gallons and a half of it in one
day ; and when the judge asked him how he felt, he
replied, " I feels coote and I shleeps vel ; " and the
Breckinridge paper is fourth-proof cognac, such as
lost us the battle of Bull Kun, July 21, 1861. If,
therefore, the former were objectionable because
they contained the decision of a political question, a
fortiori, the latter is much more objectionable.
This paper calls the secessionists " rebels." Is not
this deciding a political question ? It affirms " a
disloyal and traitorous attempt to overthrow the
National Government by physical force." Is this
no political question ? It decides on disloyalty and
treason. " This whole treason, rebellion," &c.
" It is the bounden duty of all people who corn-
pose this great nation, each one in his several place
and degree, to uphold the Federal Government and
212 POLITICAL FALLACIES.
every State Government, and all persons in author
ity, whether civil or military, in all their lawful arid
proper acts." This is good mustard : the Spring
resolutions in comparison are yellow cornmeal in a
mustard bottle. No man can read the two articles
without seeing, yea, feeling } that the action of the
Assembly in 1862 far transcends in expansion,
nerve, and vigor that of 1861 ; just as it should do
to correspond with the changed state of ^the country
at large. The Spring resolutions were opposed by
sixty- six negatives to a hundred and fifty-six af
firmatives. Had this paper of 1862 been supported
by a feeble vote, the Southern secessionists, the cot
ton lords of Lancashire, and the London Times
would have raised a shout of victory that would
have gladdened the hearts of all the enemies of re
publican government throughout the world.
CHAPTER XXII.
A GOVERNMENT DE FACTO.
THE manner in which this later phrase has been
used in this discussion, raises the suspicion that it
is an instrument of error. What does it mean ; and
how does it become fallacious ?
De facto is simply in fact practical, actual.
In the phrase a government de facto, it implies a
government a power in actual exercise in present
operation. And the phrase is used for the purpose
of ignoring the question of legitimacy. I enter a
cotton mill and inspect the machinery : a gentleman
takes me round, describes things as we pass on ;
notices different operators ; gives a hint or a sign
in one place, an express order in another. He is
the governor de facto ; whether he is the owner I
know not ; whether he has a right to direct these
hands it is no part of my business to ascertain.
I visit a hospital : a gentleman in regimentals
returns my salute and conducts me through the
wards ; permits me to distribute tracts and Testa-
214: POLITICAL FALLACIES.
ments to talk with the sick and wounded. I am
pleased and retire ; who the gentleman is I know
not ; whether he has authority to behave thus and
thus toward me and the invalid, is not a mat
ter for me to inquire into he is the governor de
facto.
I am sent by my government as an ambassador,
with letters addressed to his excellency Don Juarez,
President of the Mexican Kepublic. By the time
I arrive a revolution has taken place ; Juarez is
banished, a new regime is inaugurated ; I present
my credentials and am received, and treat with this
government de facto, without inquiring into the le
gitimacy of his authority ; that is a domestic mat
ter with which I have no concern.
The French Revolution overthrew the Bour
bons ; then carne the reign of the people, then Na
poleon, then Louis the Desired, then Louis Phi
lippe. But the United States of America have no
difficulty in recognizing the government de facto,
and Louis Philippe had to pay indemnities occurring
under the administration of the preceding enemies
of his house.
Various contracts were entered into by the Uni
ted States in Congress assembled, under the Arti
cles : will they be binding under the Constitution ?
This question the fathers did not leave open, fear-
A GOVERNMENT DE FACTO. 215
ing some difficulty about the de facto government ;
but settled it in the Constitution.
In all the above changes, and even in the wars of
the Koses in England, and the conflict between the
Parliament and the Stuarts, the question never was
raised, as between two governments, but, admitting
always that the sovereignty is one and not diverse
the sole question was wherein whose hands is the
legitimate right of supreme rule ?
So in the secession of Absalom, there was no
dispute about a government de facto. Such a dis
pute was impossible ; for there were not two gov
ernments. The sole controversy was about the
deposit of the one supreme power. Is Absalom
king, or is David king ? The idea of two supreme
powers was not conceived as involved in that un
happy controversy.
In fact, this question of a government de facto
is exclusively for a foreign power. It is always de
cided by a foreign power, and is simply a mode of
expressing the idea of non-intervention of one na
tion in the interior concerns of another. Whether
Louis Napoleon is legitimately in possession of the
French throne, or Mr. Lincoln of the presidential
chair, is not a question for England or Spain to de-
cide. There is no room, therefore, for the de facto
question in our case ; for there are not two claim-
216 POLITICAL FALLACIES.
ants to the presidential chair. When the United
States Government shall have been overturned
when Jefferson Davis shall have ousted all the
present authorized agents of the people at Wash
ington, and filled up the offices with the men of
his own choice ; when he shall have become the
locum tenens of the White House, and claimant of
sovereign power ; then, and not till then, can the
de facto question spring up ; and then the govern
ments of the world will have no difficulty in recog
nizing, as our brethren have clone, the de facto
government of the Confederate States of America.
The slight change of the United into the Confeder
ate will not long embarrass the powers of the world.
But, until Generals Lee and Jackson shall have fin
ished up their pleasure excursion to Harrisburg and
Philadelphia, to New York and Boston, and erected
the abomination that maketh desolate over Faneuil
Hall and the granite stylus on Bunker Hill, the na
tions will not be called upon to encounter even this
trifling embarrassment.
But our brethren use the de facto in quite an
other, and, as I must try to show, an illegitimate
sense the sense which Bull Kun Kussell inaugu
rated. Whenever a body of people separate and
set up for themselves, and organize by the appoint
ment of the officers by them deemed needful for the
A GOVERNMENT DE FACTO. 217
present, they have a government de facto. This,
if I have been able to comprehend them (and I
have labored to do so), is their idea. Here permit
me to use the argument ad absurdum. If this as
sumption logically leads to grievous absurdities and
fell ruin, then it must be abandoned as false. Such
results as these following, must be met : viz., Ab
salom s was a government pro tempore, and ought
to have been recognized as a government de facto
by the nations. He organized his people had all
the necessary officers in his kingdom had a larger
number than David he was a legitimate sov
ereign !
Kobin Hood was a supreme and legitimate sov
ereign. His government was very energetic, and
displayed many noble qualities. And so, every
band of highway robbers or horde of pirates consti
tutes a government de facto f
Shays rebellion, in Massachusetts, was a thor
oughly organized company of intelligent, bold, and
energetic men.
The whiskey insurrection in western Pennsylva
nia had less of organization, but they were organ
ized. They had their squires and their captains,
then companies and their regiment. So powerful
and energetic was this government de facto, that
Washington thought best to order out fourteen
10
218 POLITICAL FALLACIES.
thousand men to suppress it one fifth of what
President Lincoln ordered out at first to suppress
the present insurrection a vastly larger proportion
than Mr. Lincoln s first levy.
Dorr s rebellion in Rhode Island was a still bet
ter organized movement. It included a body of
legislative, judicial, and executive officers. Surely
here was a government that ought to have been
recognized as de facto.
The Southampton insurrection in Virginia was
a very formidable affair. A large number of slaves
associated together in the purlieus of the Dismal
Swamp : they organized such a government as
their capacity and circumstances called for. With
their president at their head, who displayed great
military and governmental ability, they became a
terror to all the surrounding country. United
States troops from Fortress Monroe and marines
from two United States vessels were sent down to
aid in suppressing this rising of some two or three
hundred negroes. l s low, according to the doctrine,
ISTat. Turner was a legitimate ruler, and his people
ought to have been recognized as a government de
facto & nation !
But now the reasoning is identical, in all these
cases, with that by which we are called upon to
recognize the Confederate States of America as a
A GOVERNMENT DE FACTO. 219
government in fact. We all scout the conclusions,
and thereby repudiate the premises. Neither Ab
salom nor Eobin Hood, neither Shays nor Dorr,
neither Tom the Tinker nor Nat. Turner nor Jef
ferson Davis is the head of a lawful government.
Their efforts were, every one, insurrections and re
bellions to put down a government.
But it may be said, If there is no recognition
of them in any sense, how can this war end ?
How can you treat with them for its termination?
I would say : As David treated with Absalom and
his party ; the war is at an end as soon as the
weapons of rebellion are cast down and the rebels
return to their place in their country s government.
"And Joab blew the trumpet, and the people re
turned from pursuing after Israel : for Joab held
back the people." " And all Israel fled every one
to his tent."
The fallacy, on this point, lies in using the
word government sometimes in the lower mean
ing, as when we apply it to the management of a
squad of soldiers or a school. In this low sense, I
admit the Confederate States of America to be a
government ; but the conclusion is deduced in the
high and proper sense, as concerning a nation a
supreme, sovereign power.
CHAPTER XXIII.
REBELLION MAY EVENTUATE IN A SUPREME
GOVERNMENT.
UNDOUBTEDLY, there is truth and justice in
the adage, "Resistance to tyrants is obedience to
God." In Chapter III, on Government, we have
seen the foundation to "be of Divine authority. If,
then, civil government is an ordinance of God, how
can resistance to it become a duty ? If it be a
solemn and religious duty to submit to the civil
ruler as to a minister of God, how can rebellion
ever be justified, and a rebel organization become a
legitimate, sovereign power ?
This question is of infinite importance. The
ease and facility with which sophistry obscures ii
has made it one of great practical difficulty and
danger. Upon the youthful mind of Virginia this
sophistry has accomplished more delusion than, per
haps, any other. " Didn t our fathers rebel against
England, throw off their allegiance, assert their in
dependence, and vindicate it in a seven years war ?
POSSIBLE RESULT OF REBELLION. 221
And is not this their heroism the glory of America ?
If they did right, can it be wrong for us to follow
in their footsteps ? They were called rebels, and
shall we shrink from the finger of scorn and an
odious name ? " Thus the "boys reasoned ; the
fathers, many of them, knew not how to answer
these sophisms, any more than the boys did
others, who saw the fallacy, gladly glossed it over,
and led the boys on to slaughter.
The question before us is, When is rebellion
justifiable ? If reason could have been brought
to bear on the question, apart from passion, there
would have been little difficulty in reaching a just
and safe conclusion. This, however, could not be :
passion ruled the fearful hour, and arrayed it in the
terrors of a bloody conflict, and the boys and the
sophists drifted to ruin.
We have seen that power to rule over men is
God s ; that He has vested it in mankind ; that
particular individuals can exercise it only by the
consent of the ruled, expressed no matter how by
formal vote, by acquiescence, by silent assent ; that
obedience to ruling authority, thus vested in magis
trates hands, is obedience to God ; and, vice versa,
disobedience is rebellion against God. We have
also seen that tyranny is no part of sovereign
power wicked, cruel, oppressive, brutal exactions
222 POLITICAL FALLACIES.
have no divine sanction ; that these, persevered in,
work a forfeiture of the legitimate powers, as in the
hands of present rulers, and thus open the door for
rebellion and make it right.
But the question springs up in our path, Who
are to judge when and under what circumstances
this forfeiture occurs ? when the right to rule has
reverted to the people, whence it came; so that
they are bound to resume its exercise and place it in
the hands of other agents ?
Our answer is, The people not a part, but the
majority must judge : they feel the oppressive
burdens, and they only can judge of their weight ;
but they must judge under a rule, according to
truth. The rule, for a Christian people, is the
word of God, and for us, besides, the Constitution
of our Government. Accordingly, our fathers lay
the basis of their Declaration on a few simple ele
ments : " We hold these truths to be self-evident,
that all men are created equal ; that they are en
dowed by their Creator with certain inalienable
rights ; that among these are life, liberty, and the
pursuit of happiness. That, to secure these rights,
governments are instituted among men, deriving
their just powers from the consent of the governed ;
that, whenever any form of government becomes
destructive of these ends, it is the right of the peo-
POSSIBLE RESULT OF KEBELLIOIST. 223
pie to alter or to abolish it, and to institute a new
government, laying its foundations on such princi
ples, and organizing its powers in such form, as to
them shall seem most likely to effect their safety
and happiness." " But when a long train of abuses
and usurpations, pursuing invariably the same ob
ject, evinces a design to reduce them under abso
lute despotism, it is their right, it is their duty, to
throw off such government, and to provide new
guards for their future security."
Here is the doctrine of truth and right. A
government fails to secure to the people, life, liberty,
and the pursuit of happiness ; but, on the contrary,
unrighteously destroys life, rivets the chains of
bondage upon the people, and turns their happiness
into gall and wormwood : such rulers have forfeited
their office, and may of right be hurled down from
the seats of power.
A good example we have in the rebellion of the
ten tribes against the house of David. The reason
alleged was the heavy taxation under the splendid
reign of Solomon. The glory of Israel as a kingdom
was greatly advanced under this great scientific
king ; but this involved great expense and heavy
taxation. Upon the accession of Kehoboam, the
people a majority made a strong remonstrance ;
they appointed a grand committee of weighty men,
224: POLITICAL FALLACIES.
wlio carried up tlieir complaints and entreated a
diminution of the taxes. This very reasonable re
quest was rejected with "insult, according to the
counsel of the "boys, " the young men which were
grown up with him." (See 1 Kings, xii.) As
might have heen expected, the remonstrants became
revolters, and set up the chairman of their commit
tee as Idng of the ten or eleven tribes. Eehoboam
levied an army of one " hundred and eighty thou
sand chosen men, which were warriors, to fight
against the house of Israel." But this revolt was
settled by another method. God sent his prophet
to the king, saying, " Thus saith the Lord, ye shall
not go up, nor fight against your brethren the chil
dren of Israel ; return every man to his house : for
the thing is from me." You have in the preceding
chapter the reasons of all this. The grievous idol
atry of Solomon (ver. 33) caused this revolt : " Be
cause that they have forsaken me, and have wor
shipped Ashtoreth, the goddess of the Zidonians,
Chernosh, the god of the Moabites ; and Milcom,
the god of the children of Ammon," &c. Therefore
it was that God commissioned Jeroboam, the son of
Nebat, to punish the house of David with this re
bellion. Unfaithfulness to God leads to tyranny
over men, and thus chastises itself. Yet this Jero
boam was even worse than Solomon and Eehoboam,
POSSIBLE RESULT OF REBELLION. 225
and all the kings that followed ; so that his name
became a proverb of malediction for wickedness :
" Jeroboam, the son of Nebat, who made Israel to
sin."
Thus a new kingdom is a result of rebellion on
account of the abuse of power by heavy taxation ;
and the declared purpose to go on and increase in
definitely the already intolerable burdens of the
people. This new nation, however, had its origin
farther back. For their gross idolatry,- which is
rebellion against their King, the nation of Israel
were doomed of God to terrible chastisements, be
ginning in secession, and leading to never-ending
wars between the nations of Judah and of Israel.
For more than a thousand years these two powers
were a scourge and a torment to each other. With
a border line between them of less than a hundred
miles, their conflicts were frequent and bloody ;
their prosperity waned, their existence as separate
nations was hardly recognized by the other nations,
nor is there a single circumstance in their history
to show that the rebellion of Jeroboam, the son of
Nebat, was anything else but a curse of Heaven to
punish for sin. That it would have been initiated
by fearful slaughter, but for special and supernatu
ral Divine interposition, the record expressly testi
fies. The army called out by Rehoboam to suppress
10*
226 POLITICAL FALLACIES.
the rebellion, " one hundred and eighty thousand
men which were warriors/ astonishes us. How
such a body could be levied in so small a territory
as the tribes of Judah and Benjamin possessed, it
is difficult for us to conceive. Their whole territory
was less than the State of New Jersey, and yet it
turned out one hundred and eighty thousand men
of war. Had President Lincoln ordered out at his
first levy a million and a half, it would still have
been a less proportion than swelled the armies of
Eehoboam.
This rebellion resulted in &n independent sov
ereignty, but by express Divine command. Such
command is not to bo expected in modern times.
If, then, the King of all the earth is about to estab
lish another power among the nations, His will
mnst be ascertained in some other way. Kebellion
open and avowed hostility direct resistance by
a part of a nation against its government for its
overthrow and utter subversion, so far as the rebel
lious portion is concerned is another method of
ascertaining a divine sanction for a new nation.
The appeal to arms is an appeal to the Divine Be
ing the Lord of hosts, the God of battles. When
our fathers took their cause up to this high tribunal,
they presented to the world and recited before the
Supreme Judge the reasons in its support. These
POSSIBLE RESULT OF REBELLION. 227
cover the bulk of their immortal Declaration. They
allege and prove a forfeiture, by the British crown,
of all right of supreme sovereignty over these colo
nies, and affirm a reverting of the same to the
people.
This is the issue joined, and the Great King and
the Supreme Judge decided in their favor. And
now that they have in a seven years contest fought
out the battle, and beaten down all opposition,
the world of nations, acquiescing in the decision of
the Supreme Judge, acknowledges these United
States to be an independent, sovereign nation.
Such a movement our Southern people have in
augurated. Two things, therefore, they are bound
to prove : 1st, that the sovereign powers vested in
the United States have been forfeited by a cruel
and tyrannical abuse, so that " life, liberty, and the
pursuit of happiness " are no longer possible for the
Southern people, under the United States Govern-
ment, but " a long train of abuses and usurpations,
pursuing invariably the same object, evinces a de
termination to reduce them under absolute despot
ism : it is their right, it is their duty, to throw off
such government, and to provide new guards for
their future security/ 2d. They have to show their
ability to vindicate sovereignty to themselves by
arms, until opposition to their rebellion ceases, and
228 POLITICAL FALLACIES.
this nation and the world acknowledges the fact of
their independent sovereignty.
As to the first, there is scarcely a pretence
certainly not the shadow of any evidence that the
United States Government has ; by tyranny, forfeit
ed the right to rule. What is the government but
the Constitution and the agencies it creates to exe
cute it ? That the country, the whole country,
North and South, has prospered under it, no man
pretends to deny not even the most ultra seces
sionists. To evince the truth of this I cannot do
better than to cite from Hon. A. H. Stephens s
speech, delivered in the hall of the House of Repre
sentatives of Georgia, Nov. 14, 1860, in the pres
ence of the members and of Hon. Mr. Toombs, and
in reply to his speech. Not that Mr. Stephens is of
authority, but because the matter he uttered on the
point before us is true and defies the gainsayers. He
responded most triumphantly to Mr. Toombs s objec
tions in regard to the fishing bounties, the tariff,
the navigation laws. After confuting him, he pro
ceeds : " Now, suppose it to be admitted that all
of these are evils in the system, do they overbal
ance and outweigh the advantages and great good
which this same government affords in a thousand
innumerable ways that cannot be estimated ? Have
we not at the South, as well as the North, grown
POSSIBLE RESULT OF REBELLION. 229
great, prosperous, and happy under its operation ?
Has any part of the world ever shown such rapid
progress in the development of wealth, and all the
material resources of national power and greatness,
as the Southern States have under the General Gov
ernment, notwithstanding all its defects ? " (Keb.
Eec. I, 222.) * * * " There are defects in our gov
ernment, errors in administration, and shortcomings
of many kinds, but in spite of these defects and er
rors, Georgia has grown to be a great State. * *
There were many among us in 1850 zealous to go at
once out of the Union, to disrupt every tie that binds
us together. Now, do you believe, had that policy
been carried out at that time, we would have been
the same great people that we are to-day ? It may
be that we would, but have you any assurance of that
fact ? Would you have made the same advance
ment, improvement, and progress in all that con
stitutes material wealth and prosperity, that we
have ?
""I notice in the Comptroller- General s report,
that the taxable property of Georgia is $670,000.000
and upward, an amount not far from double that
it was in 1850. I think I may venture to say that
for the last ten years the material wealth of the
people of Georgia has been nearly, if not quite,
doubled. The same may be said of our advance iu
230 POLITICAL FALLACIES.
education, and everything that marks our civiliza
tion. * * * When I look around and see our
prosperity in everything agriculture, commerce,
art, science, and every department of education,
physical and mental, as well as moral advancement,
and our colleges I think, in the face of such an ex
hibition, if we can, without the loss of power, or any
essential right or interest, remain in the Union, it is
our duty to ourselves and to posterity to let us not
too readily yield to this temptation do so. Our
first parents, the great progenitors of the human
race, were not without a like temptation when in the
garden of Eden. They were led to believe that
their condition would be bettered that their eyes
would be opened and that they would become as
gods. They in an evil hour yielded instead of
becoming gods they only saw their own nakedness.
" I look upon this country, with our institutions,
as the Eden of the world, the paradise of the uni
verse. It may be that out of it [the Union] we
may become greater and more prosperous, but I am
candid and sincere in telling you that I fear, if we
rashly evince passion, and, without sufficient cause,
shall take that step, that instead of becoming great
er, or more peaceful, prosperous, and happy in-
stead of becoming gods, we will become demons, and
at no distant day commence cutting one another s
throats."
POSSIBLE RESULT OF REBELLION. 231
Such was the language of the most honest and
talented Georgian, uttered not two years ago ; who
would have supposed it possible that in less than
three months the speaker would have himself be
come the Vice-President of these demons, and have
inaugurated this throat-cutting process ! Alas !
into this " Eden of the universe " the incarnate
fiend of secession had already entered, and up to
this hour, Nov. 1, 1862, tens of thousands of noble
men have been already offered up as victims at the
accursed shrine of this Moloch !
Mr. Jefferson Davis, in his message of 29th
April, 1861, is equally explicit in affirming the
amazing prosperity of the whole South. He says
[see Eeb. Rec. I, p. 169] : " In the mean time, un
der the mild and genial climate of the Southern
States, and the increasing care for the well-being
and comfort of the laboring classes, dictated alike by
interest and humanity, the African slaves had aug
mented in number from about six hundred thousand,
at the date of the adoption of the constitutional
compact, to upward of four millions.
" In a moral and social condition they had been
elevated from brutal savages into docile, intelligent,
and civilized agricultural laborers, supplied not only
with bodily comforts, but with careful religious in
struction, under the supervision of a superior race.
232 POLITICAL FALLACIES.
Their labor had been so directed as not only to al
low a gradual and marked amelioration of their con
dition, but to convert hundreds of thousands of
square miles of the wilderness into cultivated lands
covered with a prosperous people. Towns and
cities had sprung into existence, and rapidly in
creased in wealth and population under the social
system of the South.
" The white population of the Southern slave-
holding States had augmented from about 1,250,000
at the date of the adoption of the Constitution to
more than 8,500,000 in 1860, and the productions
of the South in cotton, rice, sugar, and tobacco, for
the full development and continuance of which the
labor of African slaves was and is indispensable,
had swollen to an amount which formed nearly
three fourths of the export of the whole United
States, and had become absolutely necessary to the
wants of civilized man."
Thus we have the testimony of the President
and the Vice-President of the Confederate States of
America, in proof of the great prosperity of the
South, in every respect, under the protecting shield
of the United States Government. Can any man
believe that this prosperity accrued under a despotic
power, so desperately cruel, unjust, and wicked, that
resistance to it is obedience to God ? On the con-
POSSIBLE RESULT OF REBELLION. 233
trary, this evidence is so conclusive in proof of the
mildness, equity, and justice of the Government,
that it is not necessary to proceed farther in support
of the negative proposition, that the United States
Government has not, by cruelty and oppression,
forfeited its right to rule, and become, like George
III, so despotic as to make resistance to the tyrant
a duty. The speech of Mr. Stephens was delivered
in the face of Mr. Toombs and the whole Georgia
secessionists, and recites such evidences of prosperity
as were undeniable, and, indeed, as were the boast
and glory of the whole South, and are so at the
present hour. The very epithet, KING COTTON,
proves their own lofty conception of the vastness of
their resources, the abundance of their wealth, and
every other element of greatness, prosperity, liberty,
and happiness.
Moreover, the idea of a forfeiture of sovereign
rule and its return to the people in consequence, in
a system which provides for that return once in
every four years, is preposterous. Where is the sov
ereignty, the supreme, active sovereignty lodged ?
Not in the President ; not in the Congress ; not in
the judiciary ; not in the army ; not in the navy ;
but spread all over. Its semblance, indeed, is in
the President, but not its reality. And if it were,
the South have had the supreme rule for forty-nine
234: POLITICAL FALLACIES.
out of seventy-two years ; and the North twenty-
three. Must the sovereignty be forfeited the mo
ment it falls into Northern hands ? But it has
never so fallen. Every presidential term it reverts
to the people not, indeed, to the people of South
Carolina of Virginia of Pennsylvania as, by a
bloody fallacy, yet to be exposed, is assumed ; but
to the PEOPLE of the United States, by whom the
Government was established. These PEOPLE not
an insignificant fragment of them but the PEOPLE
of the United States, then appoint other hands to
hold the power for a time : how then can it be for
feited ? The thing is impossible ; and, if you con
sider its division and partition to the other branches
of the government inconceivable. Such is the su
perhuman wisdom involved in this wonderful Consti
tution. Demons trably evident, therefore, it is, that,
as forfeiture is impossible, rebellion can never be
justified. It must always and everywhere be a sin
against that God who appoints the civil magistrate,
and enjoins upon all men to obey him as his own
minister, and assures us that they who " resist shall
receive to themselves damnation."
The other point which the revolt must make
out, before they become a nation, is the demonstra
tion in blood. If they succeed if they conquer the
armies of the Republic if they seize our fortresses
POSSIBLE RESULT OF REBELLION. 235
and our capital if they carry on the war begun at
4 30 of April 12, 1861, by the first gun discharged
at Fort Sumter, until the United States surrender,
or cease the defence if they fight on until the stars
and stripes are everywhere hauled down and trailed
in the dust, and the Government of the United
States say, It is enough we yield and own you as a
nation why, then, it will be even so ; and then
other nations may and will write the rebellion a suc
cess, and the result, one more added, by division, to
the family of nations. Whether this conditional
shall become an absolute proposition, is yet unre-
vealed. In the hands of an inscrutable Providence
the matter rests, and we must await the unrolling
of His scroll.
Meanwhile, I beg to add, by way of caution to
such as may be disposed to intermeddle : Hands off!
A title by prescription never accrues in the face of
an adverse claim, or against the commonwealth.
CHAPTEK XXIY.
FALLACY DOUBLE MEANING OF THE WORD " PEOPLE."
THE right of a people, when the form of their
government becomes inefficient, oppressive, or in any
way unsuitable, to alter and amend, or to abolish it
and establish a new form, is everywhere admitted
on this continent. The doctrine is prominent in
position and in importance in the Declaration. No
friend of freedom anywhere disputes it. God has
deposited the supreme sovereignty in the people ;
and government, which is their agency for its exer
cise, derives its just powers from their appointment
or consent. Here we are all agreed.
But who are the people ? The term is mani
festly vague ; and must be defined, if we use it in
reasoning ; or then we must fall into error. For
want of such definition, we meet with argumentation
such as this : the people have an undoubted right
to alter, amend, or abolish their government and
form a new one ; therefore Virginia can go out of the
Union and set up for herself, or form a new Union,
DOUBLE MEANING OF "PEOPLE." 237
as she pleases. And thus is demonstrated the right
and power of a part to destroy the building erected
by the whole. The people formed the Constitution,
and surely they who made can unmake. That is,
in one place the people means the citizens of the
whole United States ; in the other, the people
means the citizens of Virginia. Now, the former
is true the people of the United States established
the Constitution, and can at pleasure alter, amend,
or abolish it. But it is not difficult to see that
the whole of a thing and one thirty-fourth or one
fourth part of that whole are not one and the self
same thing. The fallacy will be more palpable by
a full logical statement ; thus :
The people [of the United States] have a right
to alter the Constitution [of the United States].
But the inhabitants of Virginia are the people
[of the United States].
Therefore, the inhabitants of Virginia have a
right to alter the Constitution [of the United
States.]
The minor is false and the argument futile, and
yet it is one of the most popular and efficient of
these bloody fallacies. I have seen it used often by
the soundest and clearest logicians in that State.
I have put in brackets the definitions : read without
238 POLITICAL FALLACIES.
them the fallacy is unseen, but with them the ab
surdity is at once exposed ; but when wrapped up
in the loose verbiage of conversation or of stump or
atory, it passes for overwhelming demonstration.
" Are we slaves ? Are we tied down under bonds so
that we can t alter our Constitution ? Are we not
an independent, sovereign State ? And shall the
free people of the Old Dominion f the mother of
States and of statesmen be told that they
haven t power to amend their Constitution, when
they please and how they please ? What, then,
have we gained by the Kevolution, if we are thus
cramped and held in ? " Thus it is that logic is
crucified, and the blood of tens of thousands flows
to amend the syllogism or to atone for its cruci
fixion.
A similar error is perpetrated upon the adopt
ing act of the Virginia Convention. " We, the
delegates of the people of Virginia, * * * do,
in the name and behalf of the people of Virginia,
declare and make known, that the powers granted
under the Constitution, being derived from the peo
ple of the United States, may be resumed by them
whensoever the same shall be perverted to their in
jury or oppression." From these words the infer
ence is deduced that the people of any one State
Virginia, ex. gr. may withdraw, and resume the
DOUBLE MEANING OF " PEOPLE." 239
powers granted ; i. e., may secede from the Union
at pleasure. But the inference is a non sequitur;
for the wording precludes it. The words set forth
that the powers granted under the Constitution are
derived from the, people of the United States; sec
ondly, that they may be resumed by them. By
whom ? The people of Virginia ? Certainly not ;
but by them by whom they have been granted
the people of the United States. Not by apart, a
portion, a fragment of the grantors, but by the
whole ; that is, by a majority. Whensoever the
grantors a majority of them think proper, they
can withdraw the powers, modify their exercise
alter and amend the whole instrument and the
form of government which it establishes. This
fallacy, whereby the term people, is divided into
two, and the argument spoiled by the creation of a
fourth term, is identical with the preceding, in its
substance. The extent of its range and the devas
tation it has spread over the land is inversely as
the extent of space required for the exposure of its
fallacious character.
CHAPTEK XXV.
FIRST ALLEGIANCE DUE TO STATE? OR NATION?
PATRIOTISM.
ALLEGIANCE, according to Lord Coke, is " the
highest and greatest obligation of duty and obedi
ence that can be." The word is of Latin origin,
and signifies binding to the government rather
the king, ruler, emperor. It simply expresses the
obligation under which the subject lies to obey and
be faithful to his sovereign ; an obligation resulting
not at all from his consent or his oath of allegiance,
but from the providence of God, who placed the
subject or citizen in that relation which the oath
recognizes. So obedience, or true allegiance, borne
to the sovereign is obedience to God. We are, ac
cordingly, commanded to " submit ourselves to every
ordinance of man, for the Lord s sake/ " Command
them to obey magistrates." All commands of the
king, or sovereign power, not inconsistent with our
duties to our Creator, are to be obeyed. But, should
the supreme magistrate order the doing of anything
FIRST ALLEGIANCE. 241
contrary to God s law, we ought to obey God rather
than man we ought to obey the Supreme Lord
rather than His erring minister, to whom He has
never given authority to command and enforce obe
dience in doing a sinful thing.
Allegiance, it is thus evident, may be due and
paid to the absolute Supreme and to the subordi
nate authorities too ; but always having reference
to the Supreme. Thus submission to the lowest
civil officer, within his sphere, is obedience to God,
and every intelligent Christian so views it, and
thus brings the social, civil, and political duties of
life within the sphere of morality and religion
God is in all his thoughts, and he honors Him in
all his ways.
But if, in an evil hour, the magistrate order
what God forbids, the question of allegiance springs
up. as just stated Whom shall we obey ? To
which claimant is allegiance due ? Here there is
no room for hesitancy. But when the claimants
are fallible men, there may be practical difficulty,
as in the case discussed in Chapters XVII, XIX,
and XX. The principle on which the decision
hangs is a question of authority of moral power.
Which of the two gives the clearest proof of a
divine commission ? In military affairs, when the
first in command falls, the succession to the coni-
11
POLITICAL FALLACIES.
mand is settled by rank. Or, if the major-general
is killed, and there yet remain two or more briga
diers, the question is decided by time the oldest
commission succeeds. In civil affairs, time and
rank are also elements ; but useful, as before, sim
ply as indices of authority, pointing out the will of
the sovereign.
The question of allegiance, in all cases, resolves
itself into the question of supreme sovereignty. So
in the Kevolution, our fathers first inquired into the
matter of forfeiture, and then pronounced the colo
nies "absolved from all allegiance to the British
crown." The supreme sovereignty thus reverted to
the United States in Congress assembled. Another
phase, however, of the question turns up in the
present rebellion, viz. : To which is the first alle
giance due, to the State or to the United States ?
An erroneous answer to this dragged Virginia out
of the Union, and is rapidly converting the glorious
Old Dominion into an Aceldama. " My first alle
giance is due to my State." This false assumption,
I do know, led many a pure and strong-minded man
into the midst of blood and carnage. Military re
nown has followed ; but slaughtered thousands is
the price, and humanity and God will require an
account.
This proposition " My first allegiance is due
FIRST ALLEGIANCE. 2i3
to my State" is an equivoke. There is a sense in
which it is true, i. e., chronologically. In the order
of time it is true, but only in a reduced sense of the
term allegiance. A correspondent of the New York
Times, under date " Leesburgh, Va., Nov. 1, 1862,"
gives an excellent case for illustration of this, in re
lating a conversation with Hon. John Janney, into
whose mouth he puts these words : " Sir, I am, in
a word, a Virginian a citizen of a commonwealth
that had existed as a sovereign organized govern
ment for two hundred years before the United
States had a name/ " Such (the correspondent
proceeds), in a sentence, is the history of the lapse
of thousands of the best and purest men of Vir
ginia men who are now the mainstay of the rebel
lion in the council and in the field." Alas ! this
record is true, and gives us another example of the
fearful consequences of a lapse in logic. Where,
now, lie the errors of this venerable, talented, dis
tinguished, and patriotic man ? Primarily, in the
assumption that Virginia was a sovereign State from
the days of John Smith to the days of Thomas Jef
ferson. Two mistakes occur here. From the land
ing at Jamestown to the Declaration, by which the
United States became the name of a nation, was
only one hundred and sixty-nine years : this, how
ever, is of no consequence to the argument. The
POLITICAL FALLACIES.
first fatal error is the assumption that Virginia
was all that time a " sovereign, organized govern
ment " ; whereas, the radical and essential idea of a
colony is, that it is a country cultivated by persons
sent and coming from another country, under the
care and protection of its government, and subject
to its rule. Such was Virginia, all along, until
1776 : it never was a sovereign, but always a subor
dinate government ; and the most hearty and loyal
to the British crown of all the colonies. Hence the
very sobriquet, Old Dominion. (See post., Chap
ter XV.) The other painful error is the assumption
that his first allegiance is due to the State, as con
tradistinguished from the United States. Now, as
I said, there is a sense in which, subordinately, it is
true. In order of time before the United States
Government was established, allegiance, in a limited
sense, was due the colonial government. But first
is used here in another sense highest, greatest,
most imperiously binding. When a man affirms
his first allegiance to be due to the United States,
he means, not priority in time, but in degree, in
magnitude " the highest and greatest obligation
of duty and obedience that can be." In this sense,
the first allegiance is due to the United States ;
the secondary and subordinate duty belongs to the
State.
FIRST ALLEGIANCE. 245
This is proved (1) by the nature of the thing.
Allegiance is essentially the recognition of the su
preme sovereignty and regulating the conduct in ac
cordance with its nature. But it has been shown
that no State in this Union ever was a supreme
sovereign power : none ever pretended to set up
such a claim, until Calhoun s rebellion began ; and
to this day no power on earth has ever recognized
any State as a supreme, sovereign power.
(2.) The Constitution explicitly and in the
most express terms vests and recognizes the supreme
sovereignty as existing in the United States Gov
ernment. All the higher attributes of sovereignty
belong to the United States, and not to the States.
But, on the contrary, they are denied to the States.
Art. vi says : " This Constitution and the laws of
the United States which shall be made in pursu
ance thereof, and all treaties made, or which shall
be made, under the authority of the United States,
shall be the supreme law of the land ; and the
judges in every State shall be bound thereby, any
thing in the constitution or laws of any State to the
contrary notwithstanding." Now, on their own
theory of a compact, the States all agreed to this
article ; and on the theory of civil society being
formed by voluntary agreement among the individ
uals composing it. This we have shown in Chapter I
216 POLITICAL FALLACIES.
to be a baseless theory ; but if true, as assumed in
the convention s letter, this wild scheme of the
greater allegiance being due to the lesser power,
can never be defended. For, as the Convention
says, " Individuals entering into society must give
up a share of liberty to preserve the rest." This
was done by the people when they " ordained and
established this CONSTITUTION for the United States
of America/ This sixth Article was in it, and was
accepted by all the States. Accordingly the next
clause provides that " the Senators and Representa
tives before mentioned, and the members of the
State Legislatures, and all executive and judicial
officers, both of the United States and of the several
States, shall be bound by oath or affirmation to
support this Constitution/ View the matter in
every possible light, the evidence is conclusive that
the highest allegiance is due to the highest power ;
and every officer in every State has voluntarily
sworn and subscribed to this doctrine, and promised
" to support this Constitution."
(3.) But now this teaching of sound philosophy
and of the Constitution is also the doctrine of the
Bible. Eom. xiii, " Let every soul be subject to the
higher powers/ not to the lower, but the higher.
Is the government of the nation, of the whole na
tion, established not by the people of a single State,
FIKST ALLEGIANCE. 24:7
but by the PEOPLE of all the States, as the grand
sovereign is this government a subordinate power ;
or is it the higher power to which all others are
subordinate ?
Again, 1 Pet. ii, 13, 14 : " Submit yourselves
to every ordinance of man for the Lord s sake ;
whether it be to the king, as supreme ; or unto gov
ernors, as unto them that are sent by him for the
punishment of evil doers, and for the praise of them
that do well." Here the order of subjection is de
fined the supreme, the subordinate : not vice versa,
to the subordinate officer first and then to the su
preme.
(4.) The Code of Virginia, published in 1860, pre
scribes the same order, p. 310. It states, in regard
to officers elect, that before they enter upon official
duties, they shall take the anti-duellist s oath ; then
the oath of allegiance to the United States Consti
tution ; then the oath of allegiance to the common
wealth ; then the oath of office. This is the order,
and if any officer elect presumes to act officially,
before he has taken these oaths, he is liable to fine
and imprisonment.
Here, then, the Code of Virginia prescribes to
all her officers to take the oath of allegiance to the
Constitution of the United States first and foremost,
and then to the State. Yet could tens of thousands
218 POLITICAL FALLACIES.
of these sworn officers scout their oaths at the bid
ding of the arch traitor, and say with his subordi
nate, Mr. Thompson, " To Mississippi I owe alle
giance ; and because she commands me, I owe obe
dience to the United States. But when she says I
owe obedience no longer, right or wrong, come weal
or woe, I stand for my legitimate sovereign ; and
to disobey her behests is, to my conscience, trea
son." What a conscience ! that dictates obedi
ence in the wrong as well as the right ! ! And
what a reversal of reason, constitutional oath, and
Scripture ! ! But here is the fallacy ; and nullifi
cation, secession, treason, and rebellion are the
bloody results.
Let us pause a moment, for a glance at this
new phase of patriotism ; for patriotic these men pro
fess to be ; and vast numbers of them really believe
their patriotism is of the true and genuine stamp.
Let us analyze it. Patriotism is love of one s coun
try. The word does not occur in the Bible ; hence
it was alleged in debate last May, the church must
not act on the subject. I think no one answered
the argument. Probably it occurred to some, that
the word grandfather is not found in the Bible, and
therefore, though I may be under bonds to love my
grandmother Lois, yet the old gentleman is not en
titled to a share in my affections. Still it is more
FIRST ALLEGIANCE. 24:9
than probable that the commands to love our neigh
bor, to obey magistrates, to pay taxes, to live peace
ably, to do good as we have opportunity, &c., cover
the essence of patriotism. The question, however,
springs up, when we define patriotism to be love of
one s country, What is my country ? Is it the
spot where I was born ? Now, I confess to local
attachments. I travelled two hundred and thirty
miles to preach on the seventy-first anniversary of
my birth on the farm, and to sleep in the house in
which I was born. Then and there I enjoyed a
feast of melancholy but delightful reminiscences:
and I will not deny that such local attachments
are patriotic. But, if my soul could be shrivelled
up to the limits of that farm, or even* to those of
East Pennsborough Township, Cumberland Coun
ty, or even to the State of Pennsylvania, instead
of patriotism, I should call it mean selfishness.
" Oil ! once again to Freedom s cause return,
The PATEIOT TELL, the BRUCE of Bannockburn."
Did Tell bend his bow for Biirglen or for Switzer
land ? Was his country Uri only, or the whole
mountain holds of freedom ? Did Bruce fight at
Bannockburn for Stirlingshire, or for the indepen
dence of Scotland ? Did the prince of Christian
patriots draw his sword and fight his first battles
250 POLITICAL FALLACIES.
for his native province, or for the defence of his
majesty s American colonies ? Was Washington s
patriotism limited to Virginia ? Was that his
country which he loved ? Why, then, did he stay
in the North, and there fight all his battles but
one ? Why did he refuse to visit Mount Yernon
and his native State for six long years, and even
when Arnold was ravaging her coasts ? Clearly
Washington s country, which he loved, for which
he fought, for which he forsook Mount Vernon s
peaceful shades, was not Virginia, but United
America. His soul was incapable of such com
pression and condensation as that of the Mississippi
representative or the great Southern sophist and
nullifier.
Patriotism ! ay, such as cotton produces, this in
deed cannot be found in the Bible ; but that love
of country which the Kevolution elicited, displayed,
and illustrated that love which discards the nar
row limits of States and embraces the whole glori
ous Union that love which took Washington to
Boston, to Long Island, to New York, to Trenton,
to White Plains, to Monmouth, to Brandywine, to
Valley Forge, to Yorktown that heroic, compre
hensive patriotism may be found in the holy book
wherever love to our neighbor is enjoined wherever
the gratitude of the heart is called forth toward any
FIRST ALLEGIANCE. 251
one who loveth our nation and hath built us a syn
agogue. As treason is the highest social and po
litical crime, so patriotism is the highest social and
political virtue.
CHAPTEK XXVL
SECESSION :
ITS FOUNDATION SUICIDE A BLOW AT CIVILIZATION A SIN
AGAINST REPUBLICANISM CRUEL INJUSTICE RIGHTS IN THE
TERRITORIES.
SECESSION claims it as a right, under the Consti
tution, for any State to withdraw from the Union at
pleasure ; and for reason s, if any at all, of which she
is the sole judge. This is the doctrine, as drawn
from Mr. Hayne by Mr. Webster, at the commence
ment of his unanswerable argument on that great
occasion. The speech is one of the most illustrious
triumphs of truth and logic over error and sophistry
that occurs in the history of forensic or parliamen
tary discussion. It settled the question for almost
a score of years, and it would have remained settled
had not fanaticism and demagoguism formed a cor
rupt coalition, resulting in destruction to the peace
of a continent I may say the peace of the civil
ized world. Of course, there is no pretence set up
here to amend the argument of the great expounder
and immortal defender of the Constitution. But
SECESSION. 253
these brief chapters would lack an important link
in their consistency and force, if this subject were
omitted. It is proposed, therefore, to examine the
theory of secession in a variety of aspects ; and, 1st,
as to its foundation. The State, it is claimed, has
the sole right to determine whether or not she has
justifiable cause to secede ; and this is one of the
reserved rights, which were never given up to the
General Government.
But now, this reserved right is notoriously a
wrong ; if the sentiments of all mankind, civilized
and savage, are to be regarded. Surely there is no
principle better and more universally settled in hu
man judgment, than that a man is not a proper
judge in his own cause. The converse principle
subverts society, because it annihilates justice. If
every man is to be judge in his own case, and
" takes the law into his own hand," forms of justice
vanish at once ; public order is impossible ; legisla
tive, judicial, and executive powers are all reserved
rights of the individual man. This is the halcyon
return of the primeval state of insulation and indi
vidual independence the enchanting savage state
of primitive humanity. It is the very theory whose
falsehood and absurdity we have exposed in Chap
ters II and III. There it is shown that man never
existed, and never can, in such a state. God not
254: POLITICAL FALLACIES.
only authorized, but organized society, and made
every man his brother s keeper ; and Cain uttered a
grievous falsehood when he denied it. " Am I my
brother s keeper ? " Yes, you are. The supreme
law of love, the sum of all law, binds every man
that lives, and there is no escape from its obliga
tions. His Creator lays them on, and no man can
throw them off.
Nor let it be said, True, the individual man is
not a proper judge in his own case, but the aggre
gate mass of a body politic are not so liable to err,
and may with safety and propriety be its own judge
of its own rights, and consequently of their infrac
tion, and of their own course in the execution of
their own sentence. This allegation assumes a
point whose truth is at least not self-evident that
aggregate and heterogeneous masses, such as are
found in every State, are better and safer judges
than individuals. The contrary seems to me more
like truth. A community is made up of individuals ;
and how the selfishness and vicious passions, which
pervert the judgment of all the individuals, are to be
eliminated and lost in the aggregation, is not easily
seen. More readily is it perceived, in the light of
experience, that the disturbing elements in the way
of a sound judgment are enhanced by their agglom
eration, This is often exemplified in the declama-
SECESSION. 255
tions of the demagogue. If his audience is large,
he is more likely to arouse their passions, and lead
them to act contrary to sound discretion, than when
he addresses a small numher. Besides this natural
tendency, there is great diminution of moral force
in a divided responsibility. Men in associate bodies
do things very often from which every individual
would shrink were the whole responsibility laid upon
himself. Many a false and unjust verdict has been
awarded under the wrong and baleful influence of a
supposed divided responsibility. Jurors erroneously
imagine that but a twelfth part of the wrong ver
dict lies upon each, and, therefore, feel less of a
burden on their shoulders than if each believed him
self guilty of the whole wrong. So with other bodies
of imperfect men. Evil passions multiply them
selves in a geometrical, good, in an arithmetical ra
tio-. These considerations make it exceedingly
probable that a million of people, associated in a
State Government, are at least as incompetent to
be the supreme and exclusive judge in their own
case as is the single individual.
Besides, there being no judgment possible, un
less there be two things to be compared, there can
be no judgment on any question of infraction of
rights, unless there be two parties. If, therefore,
one of the parties arrogate to itself the sole power
256 POLITICAL FALLACIES.
of determining when its rights are infringed, has
the other party no rights ? Is it not equally enti
tled to decide the case ? Every State in the Union
has equal rights ; and if one claims the right to
judge that the Constitution has been violated to its
injury, that decision is a charge of wrong doing
against all the other States in union ; thus the one
condemns the whole, hut the right of the whole to
form any judgment ill the case at all, is denied ;
and this is constitutional liberty and equality ! One
thirty-fourth part has a right to charge and con
demn the thirty-three thirty-fourths ; but the thir
ty-three thirty-fourths have no right to judge and
condemn the one thirty-fourth ! ! And this is
" equality among equals ! "
There is yet a second and more objectionable
assumption here. It is assumed that this exclusive
right of judging when there is good cause for seced
ing, is a reserved right to the States. But what
says the Constitution ? Does it, indeed, make no
provision for protecting the States and the people
of the States ? Does it create no umpire and pre
scribe no remedy for State wrongs ? If an insur
rection occur in any State, is there no provision for
suppressing it by the power and at the expense of
all the States that is, at the expense of the Uni
ted States ? If a revolution is gotten up in any
SECESSION. 257
State, and the government is usurped by an arbi
trary leader assuming monarchical power, does not
the Constitution guarantee his dethronement and
the continuance of a republican government ? And
cannot the State claim and enforce the claim for its
own protection ? Has not the Constitution created
a judicial tribunal, with powers and duties to pro
tect all individual citizens of all the States, in all
their just rights, when State courts are incompetent
to do it ? Did not the people in every State, and
every State by the people, instead of reserving the
right to judge in its own case, expressly concede the
power to the United States? " In all cases, in
which a State shall be a party, the supreme court
shall have original jurisdiction/ (Art. Ill, 2.)
Thus the right of judging in all cases wherein a
State is a party, is expressly granted to the United
States, instead of being reserved, as secession main
tains. So, to the States are guaranteed the right
to recover, by United States authority and power,
fugitives from justice and fugitives from labor. The
States thus expressly concede this power to the
United States. Utterly groundless, therefore, is
the assertion that the State is the sole and exclu
sive judge of its own wrongs, and lolien they
amount to a just cause of secession. The Constitu
tion furnishes the most safe, because the most im-
258 POLITICAL FALLACIES.
partial tribunal conceivable, to meet these very
cases, and every State has conceded this to the
Union.
(3). A third stone in the foundation of the right
of secession, is, that the States were sovereign pow
ers separate nations in fact. This we have shown
is not so never was so. (Chap. VI.)
(4). A fourth is, that the States were independ
ent, severally, at the Declaration. This we have
also proved to be utterly a mistake. See, in Chaps.
XIV and XV, the testimony of the leading
Southern men, especially those of South Carolina,
against this " political heresy," as Gen. Pinclmey
calls it.
(5). That the Constitution created a confedera
tion that it is a compact merely is the fifth item
in the basis of secession. This has been disproved,
we hope, abundantly, in Chap. XII, where it is
made evident that the question, whether to estab
lish a government or to amend and perpetuate the
confederation, was the question most discussed, and
most warmly ; and when the advocates of a govern
ment and opponents of a confederacy gained the
day, the agony was over ; there remained no dan
gerous rocks in the current of their legislation save
only the slavery question.
(6). A sixth rotten sandstone in this founda-
SECESSION. 259
tion, is the doctrine that a man s first allegiance is
due to the State, and a secondary allegiance only is
due to the United States. This has been refuted in
Chap. XXY.
(7). That the Constitution was adopted by the
States, as organized governments, and not by the
people, is another foundation a mere cobble stone
it is, as is shown in Chap. XI where the sophism
of Calhoun, as reiterated by Mr. Jefferson Davis, is
stripped of its power to deceive.
All these seven are necessary and constitute the
substratum on which the structure of secession
rests. None of them can be spared or the building
cannot stand ; and as they are every one untrue,
the superstructure is doomed to an early fall, and
the ruin of that house must be great and irreme
diable.
II. The right of secession is a stupendous
wrong, inasmuch as it is the right to commit sui
cide. A nation that embodies this supposed prin
ciple as a part of its fundamental law, provides for
and secures its own destruction. A reserved right
to withdraw from any association without reason
rendered, is a right to dissolve it at pleasure ; and
this may be practicable, and perhaps prudent, in
such associations as are indifferent in themselves as
to whether they exist or not. Where the object of
260 POLITICAL FALLACIES.
association is a matter morally indifferent, and there
is no obligation, no moral necessity for its existence,
this may be allowed. But as human society and
government are ordinances of God, and indispensa
ble to human existence, the power of self-destruction
is not allowable. No individual has such a moral
power. The argument of the suicide is fallacious.
He argues thus : Whatever is my own I may dispose
of at pleasure ; but my life is my own ; therefore I
may dispose of it as I please ; and inasmuch as life
has become a burden and a weariness, and not a
blessing, I choose to lay it aside. But here are two
false assumptions. It is assumed that a man may
dispose of his property as he pleases. This is not
true. No man has a right to burn his house, to
kill his horse, to throw his bank notes into the fire,
or his silver and gold into the ocean. " The silver
and the gold are mine, saith the Lord of hosts "
worldly goods are gifts rather loans from our Su
preme Lord, and we have no right to use them but
for His glory and the good of men. The other er
ror is, that a man s life is his own. It is not so.
It belongs to God, and must be used for the same
end.
Now, as with the individual, so is it with soci
ety with government ; the right of self-destruc
tion is a nullity a murderous wrong. In Chap. I
SECESSION. 261
we have seen in what sense expatriation is a right
and a duty, viz., as a removal from one country and
government to another, when the general welfare
will be promoted ; but from human society no man
has the right and power to remove.
The Duke of Argyle, in one of the very first
speeches uttered by any man of distinction in Brit
ain that does justice to America, remarked : " We
will not regard the question, of what is called the
right of secession ; no government has ever existed,
to my knowledge, admitting the right of separation
within itself. There is a curious kind of starfish in
the waters of Loch Fine, which I myself have
caught several times, and which effects the most
extraordinary and adroit species of suicide. On
drawing it from the water and attempting to re
move it from the hook, the fins immediately drop
off, the body falls in pieces, and of one of the most
beautiful forms of nature, nothing remains but a
few fragments. Such would have been the fate of
the American Union, had its Government accepted
what is called the right of secession. Gentlemen,
we must admit in all justice, with respect to Amer
icans, that they are fighting for things that are
worth the pains, and that the national existence is
one of these things." Count de Gasparin adds :
" Yes, the national existence. This idea alone con-
282 POLITICAL FALLACIES.
tains the unanswerable refutation of what is called
the right of secession. But is a confederation a
nation ? Is it not rather an assemblage of nations ?
We are reminded of the celebrated definition of
Montesquieu : A community of communities/ ;;
Count Gasparin proceeds to remark on our
government as such, and that it is not a confedera
tion ; and comes very near stating the doctrine we
have defended and illustrated in Chap. XII, viz.,
that a federal government meaning by government
an independent, sovereign nation is a moral impos
sibility, as well as a logical contradiction.
III. This doctrine is a blow at all social organi
zation. If there exist a right for a State to with
draw from the Government of the United States,
the same right exists in a county to withdraw from
the State, a township or borough from the county,
the family from the town, the wife from the hus
band, and the children from the family. It is a
perfect disintegration, and leaves nothing of the
beautiful starfish but a few insulated fragments of
humanity. When I used this argument in public
debate with secessionists in Virginia, I was met by
this response : " No, because the county is not a
sovereign power/ My obvious and unanswered
rejoinder was, Neither is a State never was never
supposed itself to be a sovereign nation. No people
SECESSION. 263
on earth ever recognized any State as a sovereign
nation. Thus the abstract argument stands unas-
sailed and unassailable. It runs the doctrine into
an inadmissible absurdity, but it does it logically.
But this absurd result of the doctrine is not an
abstraction. I met it in the concrete often in
184S- 55 in Washington College, Va., where it had
broken the arm of discipline. Often, often have
students, who, from negligence of study or vicious-
ness of conduct, had reason to apprehend the ap
proach of the amputating instruments, come to me
and informed me they wanted to resign. It was to
me a strange language, and it required time and
attention to ascertain its true intent and meaning.
It turned out that the object was to escape dis
cipline, by cutting the bond of connection and
throwing themselves beyond the limits of college
authority they claimed the right of secession.
This is a single illustration of the principle ; but
thus the foundations are destroyed everywhere. The
offender against law any law, school law, church
law, civil law, all law has only to throw himself
upon his reserved right and say I secede : now he is
outside of your jurisdiction, and ruling power is
prostrated : government is at an end. Mine eyes/
run down with tears because " they have made void
thy law."
264: POLITICAL FALLACIES.
IV. Secession is, of course, a sin against repub
lican government. It would be difficult to conceive
more favorable circumstances under which to try the
experiment of man s self-government, than we have
had. The planting of the colonies in their different
locations their growth up under necessities most
imperiously demanding their utmost prudence and
greatest energies toward self-support a hundred
and seventy years training in this school of necessi
ties, by which the people, individually and aggre
gately, were constrained to call forth all their pow
ers the very difficulties which, toward the close
of this long schooling, sprung from the blundering
management of the British ministry the diplo
matic tact which in a ten years effort by negotia
tion to adjust these difficulties was acquired by
the leading statesmen of the republic the large
amount of true, honest, Christian patriotism, which
leavened the entire mass of the people all these
seem to put off to a distant day any hope of a more
favorable experiment. If, therefore, this fail, as se
cession insures its failure, man may give over as
hopeless all government by the people ; and fall
back upon despotic power as the only alternative
f j for the race.
V. Secession is unjust. This has been pointed
out a thousand times. The territories purchased
SECESSION. 265
by the United States have, to a large extent, been
formed into States, as Louisiana, Florida, Texas;
and vast millions besides the purchase money have
been expended in removing the Indians, in building
fortifications and lighthouses. And yet secession
carries all this out of the Union : a small portion
of the people who made the purchase, &c., carry
ing off the whole. The iniquity is glaring.
Again : Suppose Pennsylvania secedes and, of
course, she has equal rights with other States her
territory cuts the United States in two, extending
as it does from Lake Erie to the seaboard, or nearly.
After seceding, she makes herself a province of the
British empire, and, of course, becomes a most effi
cient foe of the United States, in case England
makes war upon them. The iniquity of this is
easily perceived, but cannot at all be estimated.
VI. Secession, we have just seen, has no solid
ground to stand on. One alleged ground we have
yet to notice equal rights in the Territories. This,
it is said, is denied by the United States. Mr.
Lincoln s election, says Kev. Dr. Thornwell, of
South Carolina, changes the government funda
mentally it is a revolution in the government.
The only reason this ablest advocate of secession
lays down for it, is the exclusion of the South from
the Territories. And yet there was no such exclu-
12
266 POLITICAL FALLACIES.
sion before the rebellion. There was not a foot of
territory in the Union from which the slaveholder
was excluded by any act of the Government. Na
ture sets up a barrier. Frost and snow are not
congenial to the colored people ; and this is the
only exclusion : but legislation has thrown no
obstacle in the way; and judicial decisions have
declared equal access to the slaveholder and his
property, as to the non-slaveholder.
But, however this may be and we cannot dis
cuss the subject one thing is plain that it is a mere
ly abstract question. Concede equal rights in the
Territories, does any slaveholder wish to go thither ?
Is there any place where slavery can be profitably
planted ? These gentlemen themselves respond in
the negative. They know perfectly well that Kan
sas is impracticable to the peculiar institution. If
it were perfectly open to-day, no Southerner would
remove into it. Hon. K. J. Walker, in his letter to
President Buchanan, made this perfectly plain. Is
it wise, we ask, is it prudent, is it Christianlike, to
baptize a continent in Christian blood for a bald
abstraction ? Decide the question whichever way
you please, the practical results are the same.
Slavery can never go where it is unprofitable, and
we have no territory in which it would be profita
ble. Should it be said we may acquire such here-
SECESSION. 267
after, this, too, is practically an abstraction ; for, if
the right were admitted, then, in case the question
should arise of taking in new territory suitable for
slave culture, the pros and the cons would try their
strength on this previous question. The slave in
terest would vote for taking in, and the free against
it. Long since, Mr. Clay attempted to prove, and,
it seemed to me, did prove, that northern Texas
could not ultimately be slave territory. It is large
enough for two States, which must necessarily be
devoted to the product of cereal crops, by the cul
ture of which slaves cannot support themselves!
Mr. Calhoun, in conversation with the present
writer in 1845, stated that he was too far north
in Abbeville District, South Carolina for the
profitable working of his people in the production
of cotton ; that he had removed a part of them to
Alabama, where his son, as partner with him, was
planting ; and that, as soon as he could make the
arrangements to suit, he would remove them all to
the more congenial clime. Why, then, fight against
nature, and distract the world for a bald abstrac
tion ?
CHAPTER XXVII.
FUGITIVES FROM LABOR.
EIGHT IN LABOR RECOGNIZED COTTON GIVES IT VALUE IN
TERCHANGE OF OPINION, NORTH AND SOUTH HISTORY OF
KING COTTON SLAVE-TRADE EXTENSION RENDITION DUTY
OF STATES PREDICTION OF RUIN FROM SLAVERY AGITA
TION WRONG-DOING NORTH NO JUSTIFICATION OF SECES
SION SECESSION NO REMEDY DIFFICULTY OF RENDITION.
THERE can be no controversy as to the recogni
tion, by the United States Constitution, of a right
of property in man s labor. Article IV, section 2,
clause 3 : " No person held to service or labor in
one State, under the laws thereof, escaping into
another, shall, in consequence of any law or regu
lation therein, be discharged from such service or
labor, but shall be delivered up on claim of the
party to whom such service or labor may be due."
Whatever opinions may be held, as to the abstract
question of slavery, in a moral point of view, there
can be but one* opinion as to the recognition of its
existence in the country, and under the Constitu
tion. Service or labor may be due, that is, due by
FUGITIVES FROM LABOK. 269
the laws of one State ; and the design of this clause
is to secure this due service.
Slavery, or, in Southern phrase, " the peculiar
institution of the South/ was viewed by the fathers
as an economic evil, and by many as a moral evil ;
and the idea of its abatement was very generally
held, even in the South. It cannot be disputed
and we believe it is not, except by a very few ultra-
ists that, until a recent period until Whitney s
cotton gin made it profitable the idea of its per
petuity and extension was not held and advocated
by any of the great statesmen even in the South.
The history of cotton is a history of this change
of opinion. A few weeks before his inauguration,
Washington wrote to his intended secretary, Ham
ilton, and proposed the question whether, constitu
tionally, a bounty could be offered by Congress on
hemp and cotton. He expressed the hope and be
lief that both these articles might be produced in
our country, and the opinion that it would be sound
policy in the Government to foster their production
by bounties.
With this introductory remark, we present the
following, from Mr. Everett s address in New York,
published as an introduction to the Eebellion Kec-
ord. See vol. i, p. 29.
" But the history of the great Southern staple
270 POLITICAL FALLACIES.
is most curious and instructive. His Majesty,
6 King Cotton/ on his throne, does not seem to be
aware of the influences which surrounded his cradle.
The culture of cotton, on any considerable scale, is
well known to be of recent date in America. The
household manufacture of cotton was coeval with
the settlement of the country. A century before
the pianoforte or the harp was seen on this conti
nent, the music of the spinning wheel was heard at
every fireside in town and country. The raw mate
rials were wool, flax, and cotton, the last imported
from the West Indies. The colonial system of
Great Britain, before the Eevolution, forbade the
establishment of any other than household manu
factures. Soon after the Kevolution, cotton mills
were erected in Ehode Island and Massachusetts,
and the infant manufacture was encouraged by
State duties on the imported fabric. The raw ma
terial was still derived exclusively from the West
Indies. Its culture in this country was so extremely
limited and so little known, that a small parcel sent
from the United States to Liverpool in 1784 was
seized at the customhouse there as an illicit im
portation of British colonial produce. Even as
late as 1794, and by persons so intelligent as the
negotiators of Jay s treaty, it was not known that
cotton was an article of growth and export from
FUGITIVES FKOM LABOK. 271
the United States. In the twelfth article of that
treaty, as laid before the Senate, cotton was included
with molasses, sugar, coffee, and cocoa, as articles
which American vessels should not be permitted to
carry from the islands, or from the United States,
to any foreign country.
" In the revenue law of 1795, as it passed from
the House of Kepresentatives, cotton, with other
raw materials, was placed on the free list. When
the bill reached the Senate, a duty of three cents
per pound was laid upon cotton, not to encourage,
not to protect, but to create the domestic culture.
On the discussion of this amendment in the House,
a member from South Carolina declared that c cot
ton was in contemplation in South Carolina and
Georgia, and, if good seed could be procured, lie
hoped it might succeed! On this hope the amend
ment of the Senate was concurred in, and the duty
of three cents per pound was laid on cotton. In
1791, Hamilton, in his report on the manufactures,
recommended the repeal of this duty, on the ground
that it was a very serious impediment to the manu
facture of cotton ; but his recommendation was
disregarded.
" Thus, in the infancy of the cotton manufac
ture of the North, at the moment when they were
deprived of the protection extended to them before
272 POLITICAL FALLACIES.
the Constitution by State laws, and while they were
struggling against English competition under the
rapidly improving machinery of Arkwright, which it
was highly penal to export to foreign countries, a
heavy burden was laid upon them by this protecting
duty, to enable the planters of South Carolina and
Georgia to explore the tropics for a variety of cotton
seed adapted to the climate. For seven years, at
least, and probably more, this duty was, in every
sense of the word, a protecting duty. There was
not a pound of cotton spun, no, not for candle
wicks to light the humble industry of the cottages
of the North, which did not pay this tribute to the
Southern planter. The growth of the native arti
cle, as we have seen, had not in 1794 reached a
point to be known to Chief Justice Jay as one of
actual or probable export. As late as 1*796, the
manufacturers of Brandywine, in Delaware, peti
tioned Congress for the repeal of this duty on im
ported cotton, and the petition was rejected on the
report of a committee, consisting of a majority from
the Southern States, on the ground that to repeal
the duty on raw cotton would be to damp the
growth of cotton in our own country. Kaclicle
and plumule, root and stalk, blossom and boll, the
culture of the cotton plant in the United States
was in its infancy the foster child of the protective
system.
FUGITIVES FROM LABOR. 273
" When, therefore, the pedigree of King Cot
ton is traced, he is found to be the lineal child of
the Tariff; called into being by a specific duty;
reared by a tax laid upon the manufacturing in
dustry of the North, to create the culture of the
raw material in the South. The Northern manu
facturers of America were slightly protected in
1798, because they were too feeble to stand alone.
Beared into magnitude under the protective system
and the war of 1812, they were upheld in 1816
because they were too important to be sacrificed,
and because the great staple of the South had a
joint interest in their prosperity. King Cotton
alone, not in his manhood, not in his adolescence,
not in his infancy, but in his very embryo state,
was pensioned upon the treasury before the seed
from which he sprung was cast in the lowest parts
of the earth/ In the book of the Tariff his
members were written, which in continuance were
fashioned when as yet there was none of them/
" But it was not enough to create the culture of
cotton at the South, by taxing the manufacturers
of the North with a duty on the raw material ; the
extension of that culture, and the prosperity which
it has conferred upon the South, are due to the
mechanical genius of the North. What says Mr.
Justice Johnson, of the Supreme Court of the
274 POLITICAL FALLACIES.
United States, and a citizen of South Carolina?
With regard to the utility of this discovery (the
cotton gin of Whitney), the Court would deem it a
waste of time to dwell long on this topic. Is there
a man who hears us that has not experienced its
utility ? The whole interior of the Southern States
was languishing, and its inhabitants emigrating, for
want of some object to engage their attention and
employ their industry, when the invention of this
machine at once opened views to them which set
the whole country in active motion. From child
hood to age, it has presented us a lucrative employ
ment. Individuals who were depressed in poverty
and sunk in idleness, have suddenly risen to wealth
and respectability. Our debts have been paid off,
our capitals increased, and our lands trebled in
value. We cannot express the weight of obliga
tion which the country owes to this invention ; the
extent of it cannot now be seen/ Yes ; and when
happier days shall return, and the South, awaking
from her suicidal delusion, remembers who it was
that saved her sunny fields, with the seeds of those
golden crops with which she thinks to rule the
world, she will cast a veil of oblivion over the
memory of the ambitious men who have goaded
her to the present madness, and will rear a monu
ment of her gratitude, in the beautiful City of
FUGITIVES FKOM LABOR. 275
Elms, over the ashes of her greatest benefactor
ELI WHITNEY/
A similar change of sentiment occurred in the
North. It is undeniable that the extension of time
for the toleration of the slave trade, from 1800 to
1808, was effected by the Northern vote. It stood
thus : yeas, New Hampshire, Massachusetts, Con
necticut, Maryland, North Carolina, South Carolina,
and Georgia 7 ; nays, New Jersey, Pennsylvania,
Delaware, and Virginia 4. A change of senti
ment, therefore, has come over the spirit of the
Northerners, analogous, but counter to the subse
quent change South, mentioned above. But the
Constitution remains unchanged, and to attempt its
change by forced interpretation is disingenuous and
dishonest.
A fair and candid construction of this rendition
clause, in our opinion, makes it the duty of the
State to which the fugitive " flees " or "escapes"
to deliver him up. In hermeneutics the law is set
tled ; words and phrases occurring in different parts
of the same instrument of writing, are to be under
stood in the same sense, unless there be some insu
perable objection. If this rule is abrogated, all cer
tainty in the use of language becomes impossible,
and written agreements indefinite and vague ; and
written constitutions have no advantage over the
276 POLITICAL FALLACIES.
lex non scripta of the British Constitution. As
suming the stability and truth of this rule, we re
mark that the phrase, " shall be delivered up/
which occurs in this clause, occurs also in clause
second ; the person fleeing from justice " shall be de
livered up ;" the person " escaping from such ser
vice or labor " " shall be delivered up." Neither
clause expressly defines by what power or authority
the delivery up shall be effected. But clause sec
ond says, on demand of the executive authority of
the State from which he fled, the fugitive " shall
be delivered up, to be removed," &c. Construction,
however, has settled the meaning to be, that the
delivery up of the alleged criminal shall be by the
executive of the State to which he fled ; and Gov
ernor Packer, of Pennsylvania, so construed the
Constitution, when he arrested Cooke, and wrote to
the Governor of Virginia to send for him. Now,
give the same exact interpretation to clause third,
and it becomes the duty of the executive of the
State to which he escapes, to deliver up the fugi
tive from service or labor. In clause second, the
claim for the fugitive is made by the party concern
ed, viz., the executive, as the head of the State
against whom the offence has been committed : so
in clause third, the claim is made by the party to
whom the service or labor is due ; and assuredly
FUGITIVES FROM LABOE. 277
the response to that claim ought to be made by the
executive of the State to which the fugitive escaped.
Had this plain meaning of the Constitution been
carried out in practice, there is a high probability
that the present civil war would not have fallen out.
On this topic I crave the reader s pardon for intro
ducing a part of a speech delivered in the Synod of
Cincinnati in the year 1843, and now out of print,
on the occasion of the very improper introduction,
as I thought it, of the slavery controversy into that
body. The speech occupied over eight hours in the
delivery, and a part of it, containing the Bible view
of slavery, was printed forthwith, from the first
hasty notes. The extract is inferentially prophetic.
The reader will judge how far the prophet was in
spired with the afflatus of a true deductive logic.
The latter part of the prediction I hope and believe
will not be altogether fulfilled and verified by his
tory. It is a little exaggeration, thrown in with
the view and hope of rendering the whole a prophy
lactic remedy for a fearful evil, seen in the dim dis
tance. " Should the opposite doctrine prevail
should the holding of slaves be made a crime by
the officers of the churches the non-slaveholding
States, should they break communion with their
Southern brethren, and denounce them as guilty of
damning sin, as kidnappers and menstealers, as
278 POLITICAL FALLACIES.
worthy of the penitentiary, as has been clone here
in this Synod should this doctrine and this prac
tice prevail throughout the Northern States, can
any man be so blind as not to see that a dissolution
of the Union a civil and perhaps a servile war
must be the consequence ? such a war as the
world has never witnessed a war of uncompromis
ing extermination, that will lay waste this vast ter
ritory, and leave the despotic powers of Europe ex
ulting over the fall of the Kepublic ? All the ele
ments are here the physical, the intellectual, the
moral elements for a strife different in the horri-
bleness of its character from anything the world
has ever witnessed. Let the spirits of these men
be only once aroused ; let their feelings be only
once chafed up to the fighting point ; let the irri
tation be only kept up until the North and the
South come to blows on the question of slavery,
their e contentions will be as the bars of a castle/
broken only with the last pulsations of a nation s
heart."
"On the contrary, let the opposite doctrine
prevail, and the practices which necessarily flow
from it let the North pity their Southern breth
ren who are afflicted with slavery let the churches
of the North deal kindly and truly with the South
let them continue to recognize and treat them as
FUGITIVES FttOH LABOE. 279
V
Christians., and entreat them and urge them to give
unto their servants that which is just and equal, to
treat them as Christian brethren let them aid
them in the splendid scheme of colonization let
them seek union, and peace, and love, and they
will not seek in vain. Thus, the integrity of the
nation will be maintained. The happiness of the
colored race will, in the highest degree, be promoted,
in the land of their fathers sepulchres. God will
be glorified in the triumphant success of free, re
publican America."
But be this question answered as it may be
the power of delivering up the fugitive from labor
lodged either in the State authorities or the United
States, the duty of executing this clause lies some
where, and the corresponding right is indubitable.
Equally undeniable is the fact, that this right has
been imperfectly vindicated, and hence the South
has just cause of complaint. Be the obstructions,
intentionally thrown in the way of rendition, from
what source or of whatsover character they may,
whether from interference, aiding the escape or con
cealing the runaway, or preventing the officer of the
law from performing his duty ; or from State legisla
tion, or from defects in the United States legislation
and the failure of United States officials in the ex
ecution of the laws all such obstructions and avoid-
280 POLITICAL FALLACIES.
able failures are a violation of the plain letter of the
Constitution, and have a natural, strong, and direct
tendency toward a dissolution of the Union.
Nevertheless, while all these obstructions are
worthy of the most severe reprehension in them
selves, and on account of their tendency to weaken
the bonds of our nationality, yet must we think
their real and actual influence was far from being a
justifiable cause of dissolution. Eather were they
a pretext seized upon to justify a foregone conclu
sion, deduced from far different premises.
The first ground of this last opinion lies in the
fact, that the United States Government never re
fused to exert its power ; and, as President Buchan
an states in his last annual Message, it never failed
in a single instance, when seasonably applied to, to
execute the fugitive slave law. Why, then, should
the South aim a blow at the United States, as
though it had been derelict in regard to this consti
tutional duty ?
But a second reason is, that the States whose
citizens lost many servants were not the leaders in
this rebellion. Not Delaware, not Maryland, not
Virginia, not Kentucky, not Missouri, but South
Carolina took the lead ; South Carolina, whose cit
izens lost nothing. On this point let me be again
indebted to Mr. Everett :
FUGITIVES FROM LABOE. 281
" The number of fugitive slaves, from all the
States, as I learn from Mr. J. C. Gr. Kennedy, the
intelligent superintendent of the census bureau, was,
in the year 1850, 1,011, being about one to every
3,165, the entire number of slaves at that time be
ing 3,200,364, a ratio of rather more than one-thir
tieth of one per cent. This very small ratio was
diminished in 1860. By the last census, the whole
number of slaves in the United States was 3,949,-
557, and the number of escaping fugitives was 803,
being a trifle over one-fiftieth of one per cent. Of
these it is probable that much the greatest part
escaped to the places of refuge in the South, alluded
to before (the Dismal Swamp, the everglades of
Florida, the mountain regions, the Mexican States,
and the Indian territory). At all events it is well
known that escaping slaves, reclaimed in the Free
States, have in almost every instance been restored."
Another evidence arises from the inefficiency of
secession, as a remedy against the loss of servants by
flight. If these losses are unendurable, even with
the whole power of the United States exerted to
prevent them, what will they not be if this power
withdraws its protection, and leaves the hostile feel
ing toward slavery, under all the aggravations of a
bloody civil strife, to goad on the work of running
off negroes, along a boundary line of twenty-five or
282 POLITICAL FALLACIES.
thirty hundred miles ? This is the boundary which
secession claims between freedom and slavery ; and
how is it to be guarded ? Plant forts on or near to
the line at the distance of five miles apart ; and
place in each fifty soldiers as sentinels to guard the
way against fugitives, would your five hundred forts
and your twenty-five thousand sentinels be able to
prevent the negro s escape ? Could they operate the
hundredth part of the influence which is now exert
ed by the United States authorities ? Why, the
very fact of such a guard would inspire the negro
with intensely increased desire to escape and cour
age to make the attempt ; and at the same time it
would stimulate to redoubled efforts, all along the
line, those on the free side who would be ready to
afford every facility to escape. Besides, the moment
the slave crosses the line, the sentinels of the mas
ters dare not step across to follow him. That would
be an aggression, and would be instantly resisted.
And this suggests (what is at once an evidence that
the loss of fugitives is not a main ground for seces
sion, and an argument against its practicability),
that an everlasting border war must inevitably fol
low. Whether forts and sentinels be established or
not, negroes would run off : they would be followed ;
and if across the line, very often the pursuers would
be tempted to follow, and attempt their arrest and
FUGITIVES FKOM LABOK. 283
forcible return. This would be war, and could have
no end as long as there was a slave within a hun
dred miles of the border. A sundering of the Union
insures endless conflict, and the destruction of
slavery along the boundary. Then the parts of
States, from which it is thus driven away, will
make a move for its entire abolition from the State,
as Western Virginia has done, and as Missouri is
doing. Thus there is no help for " the peculiar in
stitutions of the South " in the empirical prescrip
tion of South Carolina.
But we have been told, time after time, " We ll
secure the institution by treaty." What childish
ness ! The United States are to guarantee by
treaty stipulations with the new Government the
very institution whose protection was guaranteed in
her Constitution that very Constitution from whose
protection secession tore herself away by the dis
memberment of the nation ! This is one of the
most preposterously absurd ideas that can be con
ceived ; and yet it has been frequently urged in my
hearing by intelligent Virginians.
Personal liberty laws, so called, have been pass
ed by some State Legislatures in the North, which
have done much mischief ; not so much by their
actual contents as by misconception of them in the
South ; for there is not one of them in direct con-
284 POLITICAL FALLACIES.
tradiction to the laws of Congress ; yet they in sev
eral instances betray a strong bias and wish in the
Legislatures to do something in contravention of the
Constitution and laws of the Union. They have
gone as far as they dare go in this direction, and
have thus proved themselves traitors to the Union
in a moral sense. He who wishes to violate the
law, and is restrained only by its penalties, is mor
ally a transgressor. Legislatures who have pushed
their repugnance to slavery to the very extreme,
bordering upon conflict with the United States au
thority, have stained their hands with the blood of
this civil war, and must answer for it to history and
to God.
So, also, individual interference to prevent the
execution of the laws of the United States, incurs
this fearful responsibility. Blood hangs in the
skirts of the men who murdered Kennedy at Car
lisle Court House, and Gorsuch at Christina, in
Lancaster county, Pa. Not only the direct perpe
trators of these foul deeds, but the counsellors, the
abettors and aiders of this resistance to law, and all
who assisted in manufacturing the morbid public
sentiment which goaded on these poor, ignorant
blacks to these bloody deeds, are participes crimi-
nis, and have their account to settle with Him who
judgeth righteously.
FUGITIVES FKOM LABOR. 285
Whilst, however, we censure and deplore these
assaults upon the laws of the States in the form
of actual murder, and these acts of quasi treason
against the United States, we nevertheless can see
no reason in them all to justify rebellion. Law is
better, always, than its execution ; because the ex
ecution is in the hands of imperfect men. Proof
against crime cannot be always made out legally.
Many a jury has brought in a verdict of not guilty,
while at the same time every man of them was
convinced that the criminal perpetrated the mur
der. Moral evidence and legal evidence are not
always identical. On the difficulties of executing
the fugitive law, the reader will surely be gratified
with a glance at a few more sentences from Mr.
Everett :
" There is usually some difficulty in reclaiming
fugitives, of any description, who have escaped to
another jurisdiction. In most of the cases of fugi
tives from justice which came under my cognizance
as United States Minister in London, every con
ceivable difficulty was thrown in my way, and
sometimes with success, by counsel for the parties
whose extradition was demanded under the Web-
ster-Ashburton treaty. The French ambassador
told me that he had made thirteen unsuccessful
attempts to procure the surrender of fugitives from
286 POLITICAL FALLACIES.
justice, under the extradition treaty between the
two Governments. The difficulty generally grew
out of the difference of the jurisprudence of the
two countries, in the definition of crimes, rules of
evidence, and mode of procedure."
The United States Government has done every
thing in its power, and never refused or failed, by
its own fault, to protect the Constitution and all
that it protects. The faults of individuals and of
States are not chargeable upon it ; and therefore
there is not the shadow of a reason for rebellion
against it on their account,
CHAPTER XXVIII.
THE RESTOKATION.
NOT IMPRACTICABLE MUTUAL EESPEOT OFTEN EESTTLTS FBOM
WAE MOEGAN AND DAVIS ENGLAND AND HEE COLONIES
MEXICO AND THE UNITED STATES FEANCE, ENGLAND, AND
EUSSIA PHILOSOPHY EEASONS TO HOPE FAMILY TIES
EUTGEES COLLEGE SPEECH GEOGEAPHY.
THE design of these chapters is one the pres
ervation of our National Union. It is not their
purpose to detail a history of the rebellion ; or
then many things must come in which are pur
posely omitted. We should be obliged, in that
case, to inquire into the various somersets of Mr.
Calhoun, and especially his sad disappointment
and failure of getting the nomination for the Presi
dency in fact, his history for the last thirty years
of his life ; " The Partisan Leader," its plans and
plots ; " the Knights of the Golden Circle ; " and
Mr. Toombs herculean labors in organizing these
secret clubs all over the South. Such was not our
purpose from the first ; and we have introduced
history only as necessary in prosecuting our design,
288 POLITICAL FALLACIES.
and sustaining the hope of success in exposing the
erroneous steps of reasoning by which the country
has been brought into peril and suffering. That
restoration is practicable, we have never permitted
ourselves to doubt. The argument against this
possibility, derived from the fact of war and all the
evil passions to which it gives rise, is not based
upon correct principles. It ignores the distinction
between a public and a private enemy. It assumes
the inveteracy of hostile feeling as a personal char
acteristic that virulent antipathies are necessarily
chronic, and therefore there is no reason to hope
that the bitterness of this hate will ever pass away.
We do not think so, and we will give our reasons.
1. Individual quarrels, involving the most bitter
personal wrath, are not always permanent. Often
two enraged men do the utmost violence to each
other in trials of strength, and yet become friends
again. The celebrated General Daniel Morgan was
a great and notable fighter with the fist ; he was
real game at what, in the civilized nation of Eng
land, is called "the milling art." At the same
place Battletown, Va., so called because it was
the grand rallying station of the buffers lived a
man named Bill Davis, greatly distinguished for
his pugilistic prowess. These bullies eyed one
another with great jealousy, fear, and hate for a
THE RESTORATION. 289
long time. At length the question, who was the
better fellow, came to the arbitrament of the fist
rough and tumble ; and, after a struggle which
might put Dares and Entellus to the blush, Mor
gan (who, by the way, was a Pennsylvanian by
birth) was proclaimed victor. Now the agony is
over, and the fierce and mad antagonists shake
hands, take a little whiskey, and are better friends
than before. Such is human nature ; and the
world is full of examples of the same kind. Men,
individually, often whip themselves into respect for
each other. Morgan complimented Davis in strong
terms, as the most powerful man he ever took hold
of ; and Davis thanked him for the compliment :
coming from the hero of Battletown, he felt it was
the next thing to a triumph. And especially, after
Morgan returned from the fields of Kevolutionary
strife, all hung around with laurels, Bill Davis
thought it an honor to have been whipped, after a
desperate struggle, by the hero of Quebec, Saratoga,
and a hundred other battles.
2. Thus has it been on a larger scale. Nations
respect each other the more for the very courage and
heroism which have caused them great loss of blood
and treasure. England had a far higher respect for
her late colonies, after she had felt the prowess
that slumbered in a peasant s arm after Bunker
13
290 POLITICAL FALLACIES.
Hill and Yorktown and all that lay between them.
The war of 1812 removed from the British mind
the false notion, which had grown up in thirty
years of peace that English, blood had become
corrupt and degenerate in American veins ; and
the treaty of Ghent soon restored commerce and
all the friendly relations of former times, and even
more. Undoubtedly a higher regard for each other
pervaded the recently hostile nations. Mexico and
the United States are to-day more friendly than
before the war between them. Such is the kindly
feeling, that, beyond a doubt, but for our domestic
troubles, we should say to Napoleon III " Hands
off, Sire ! this continent is not for Frenchmen."
How respectfully England, France, and Eussia
treat each other ! Where is the rankling hate
which it is supposed war necessarily engenders and
perpetuates ? No, it is gold, not gunpowder
commerce, not cannon, that creates permanent
hostility between nations.
So, we have no doubt, it will be in our case.
Before the outburst, one son of chivalry could
whip five Yankees. " They shall acknowledge
our independence, or we ll take Washington, march
on to Philadelphia, take New York, and plant our
banner over Faneuil Hall." All this gasconade
has expended its force. They know now, that
THE RESTORATION. 291
refusal to fight a duel is not proof of cowardice ;
and we know that slavery does not insure such
degeneracy as to disable men for the labors and
hardships of the tented and the battle field.
The philosophy of all this is easily understood.
In all such conflicts, individual and national, there
are called into action physical powers that lay hid
and whose existence was before unknown : there
are developed intellectual energies that often as
tonish us ; and even moral properties that com
mand our respect, admiration, and love. When a
wounded enemy in the anguish of his heart cries
for relief, and his foe divides his last cracker and
his last gill of water with him, how can hatred
rankle any longer in his soul ! When a strategetic
movement, planned with skill and executed with
energy, places one general and his army in the
power of the other, what is there in the whole
operation to engender hate ? What is there not
to excite admiration and draw forth the highest
respect ? And when the successful general uses
his success honorably soothes the feelings of his
prisoner by kind and generous treatment, how can
it result in anything else than an increase of
kindly regards and a return to the amenities of
Christian friendship ? Now these properties, phy
sical, intellectual, and moral, are in themselves
292 POLITICAL FALLACIES.
good ; and we cannot avoid admiring them, even in
an enemy yea, even when exhibited in the case
of the highwayman and the pirate, although at the
same time we despise the cause in behalf of which
they are exercised. Now, let the cause perish, the
properties still abide : the man who, as a foe, dis
plays such excellent traits of character, I should
like to have as a friend. The very reasons why I
fear and hate him as an enemy, generate a desire
to have him as a friend.
It may be said on the contrary, that acts of
cruelty most barbarous have been extensively per
petrated, and wanton insults given beyond the
possibility of pardon, and therefore the hope of
reconciliation is as the giving up of the ghost.
True, lamentably true, numerous instances of this
character have disgraced the armies at least par
tisans on both sides, and their tendency is un
doubtedly against returning friendship. But after
all, these are the exceptions ; the general conduct
of the conflict has displayed a hundred acts of
honorable and respectful treatment, for one of
debased barbarism. The hundred, being common,
arrest not attention, while the one act of brutality
arouses indignation and renders the record inef
faceable. We can t forget it ; while the ordinary,
generous conduct passes soon away. Besides, in
THE RESTORATION. 293
most cases of this aggravated nature, the per
petrators are condemned by the great mass of
their own side, even where they are not otherwise
punished. Ex uno, disce omnes is the basis of
many a fallacy in reasoning : we cannot learn the
character of all from that of one, until we have
assurance that all are like the one. Goods sold by
sample often disappoint the purchaser.
Another reason in favor of restoration is found
in family connections. It is a family feud so in
tended by its projectors, more than a quarter of a
century ago. " The Partisan Leader/ a bantling
novel, of which Judge Beverly Tucker of Virginia
was the father, John C. Calhoun of South Carolina
the godfather, and Duff Green the dry nurse, this
bantling proclaimed this war to be a guerilla con
flict, and made the leaders children of the same
parents. The two Trevors, brothers, meet in deadly
strife, and both perish, if I don t forget the wicked
story. This has been substantially realized. Father
and son, brother and brother, cousin and cousin,
uncle and nephew, father-in-law and son-in-law
have often met ; and possibly fallen by mutual
wounds. But, then, the same relationships, and all
others, exist in countless numbers, who, on both
sides of this direful, fratricidal conflict, still live, and
with palpitating heart yearn for peace and the
294: POLITICAL FALLACIES.
restoration of the Union. These ties of kindred
blood, I know, are kept at bay by the terrors of
demagogy, so that they dare not speak out. But
the moment it becomes safe, they will speak out,
and rush together, and, locked in each other s arms,
will defy the spirit of disunion to separate them
evermore. The voice of nature will drown the mad
cry of ungodly ambition.
Besides, as stated some time since, there never
was a majority in the South deliberately in favor
of separation. For example, Virginia twice decided
by overwhelming votes against it ; first, in carrying
the Whig ticket and appointing Bell and Everett
electors ; and secondly in electing two thirds of the
Union members to the convention. In this election,
for further example, take Kockbridge county, where
the average vote shows a fraction less than one out
of eleven for the disunion ticket ; and yet, by dra
gooning and dragging, the slavetraders a despised
class, who raised one hundred thousand dollars for
the purpose of corrupting and perverting the conven
tion, combining with the one third minority and the
Kichmond junta that has always governed Virginia,
succeeded in constraining a disunion vote from this
Union convention. Toward this success, however,
the guns against Sumter were a necessary contin
gent. Look at the dates. On the 13th of April,
THE KESTOKATION. 295
1861, the convention, always sitting with closed
doors, had gotten " into a tight place," as one of its
members wrote me. Another of its members, Hon.
Koger A. Pryor, went to Charleston to urge on the
rebellion there, and was intensely engaged in that
iniquitous work, pressing the assault upon the fort.
This was deemed indispensable, as a means of forcing
the convention to take sides with South Carolina.
At half past four A. M. of the 13th the first gun was
fired ; at half past nine of the 15th Major Ander
son hauled down his flag and surrendered the fort.
On the 17th the secessionists were in the ma
jority and voted Virginia out of the Union. Then
came the popular vote on the secession ordinance,
preceded by Senator Mason s letter, virtually order
ing all the freemen of Virginia who could not and
would not vote secession, to leave the State. Thus
were majorities created thus a people, claiming to
be free, were forced against their oft-expressed
wishes wishes expressed at the polls when no ter
ror hung over them were dragged out of the Union
a lion dragged at an ass s tail.
Now, can it be conceived that disunionists thus
created will feel no inclination, when the terror of
expulsion from their State, or extreme maltreat
ment in it, shall have been removed, to return to
their first love, and again gladly range themselves
296 POLITICAL FALLACIES.
under the banner of their country ? Assuredly,
when the deceptions practised upon them pass away
when the passions gotten up by such meretricious
arts cease to distract their bosoms, the people will
see their interest and their happiness in taking their
proper place in the counsels of their nation, under
the government created by their fathers, and sus
tained and participated in equally by themselves.
Then again, the drawing influences of a com
mon Christianity they will not be able to resist.
Throw all these cords of Christian affection over
the ties of natural relationship, and the mighty at
tractions of an inherited patriotism, in whose glori
ous achievements all have a common and a deep
and abiding interest, and we can hardly conceive an
amount of repelling forces to counteract their con
tracting power.
Another ground of hope for a restoration will
be found in whatever adjustment of the slave ques
tion shall be reached. For that some settlement will
take place there ought to be no reasonable doubt.
One scheme of adjustment I beg leave to re-pre
sent from a speech of mine, delivered on the first
of July, 1856, before the Societies of Bulger s Col
lege, New Jersey, and printed by them. The sub
ject is, " OUR NATIONAL POSITION/ Toward the
close, having referred to our Constitution and the
THE RESTORATION. 297
glorious system of our government under the figure
of a temple, the speech proceeds :
" Yes, fellow citizens, this magnificent temple
enshrines the temporal hopes of bleeding, groaning
humanity. The Siberian exile and the Eussian
serf, the Hungarian and the Polish peasant, the
Austrian and the German boor, have heard of
American freedom, and sigh for its enjoyment. The
light of her shekinah has penetrated the dark
dungeons of the inquisition, and thrilled the bosom
of many a Copernicus, a Sylvio Pelico, and a
Madiai.
" Now, my friends, North and South friends
of freedom, all ! shall this glorious Temple of Lib
erty this chef-d oeuvre of the Almighty Architect,
this central attraction of an enslaved world shall
it be hurled down and torn to atoms ? and, like an
other Bastile, by the deluded and misguided friends
of liberty ? Shall the stars and stripes which bear
your commerce and your thunder in triumph over
the waves of all the oceans, and float in sublime
majesty over yon magnificent temple, be trampled
in the mire and torn into ribbons, and worn in de
rision beside the stars and garters of a titled despot
ism, in all the enslaved nations ? What say you ?
No ! The Union, it must be preserved.
13*
298 POLITICAL FALLACIES.
" What ought to be her doings ? What does
God, who placed us in this position, expect of us ?
" I answer, besides the duties enumerated, to be
Atlantic and Pacific, like our own mighty oceans
to bear upon our shoulders the political heavens,
and to quiet down the emotions of a sin-agitated
earth. The balance of power over the civilized
world will then be in our hands. Even now the
opinion of America is a notable element in the de
liberations of parliaments and cabinet councils the
world over ; then no great question will be decided
among the nations without our advice and consent.
Toward the great Kepublic will all eyes turn before
any modification of international law will be deter
mined on. American diplomatists will be of the
quorum, whenever a congress of nations shall sit on
the destinies of humanity. Should it ever be other
wise, and should combinations of kingdoms be form
ed to crush out pure Christianity, and the liberty
which it guarantees, a note from some future Milton,
and under the direction of some future Cromwell at
the head of the Republic, will arrest the march of
armies and the sailing of navies.
" But now, my friends, this responsible, glori
ous, and proud national position, present and pro
spective, depends absolutely upon the preservation
of our National Union. That gone, the depth of our
THE EESTOKATION. 299
misery, degradation, and dishonor will be measured
by the height of our felicity, grandeur, and glory.
" For thirty years our national position relative
to the African race has appeared to me the grand
providential problem of the nineteenth century.
God is working out its solution, and glorious will
be the result ; and the time of the end is near.
Through the follies, crimes, and cruelties of Spain,
Holland, Portugal, France, England, and America,
there have been thrown upon this continent three
millions of the race whom God hath painted black
and brought hither. Why did God bring them ?
Had He no wise purpose ? Does He work by
guess ? If this is blasphemy, why brought He the
African to these shores ?
" God s actual doings are the exponent infalli
ble of His designs. What hath God wrought ?
He hath Christianized more than three millions of
His sable sons. A higher and a holier Christianity
pervades this mass than does any equal mass of
humanity on this globe, except in Britain and
America. He has civilized as well as Christianized,
in two hundred and thirty-six years, a larger pro
portion of human beings than Jiave been civilized*
and Christianized by the agencies of all churches in
the world for the last thousand years. These are
facts of history, veritable as she has recorded on
any section of her sphere.
300 POLITICAL FALLACIES.
" What, then, does God mean to do with the
Africo-American race, just equal in number to the
Israelites when they crossed the Ked Sea, and to
the American Colonies when they crossed the Eed
Sea of the Eevolution in 76 ? What will He do
with them ? Make use of them to pull down the
temple of Liberty, and extinguish the hopes of the
world ? Who believes it ? If, then, God cannot
be guilty of such folly, what will he do with them ?
Here, again, His doing is the expositor of His de
sign. He will take them back to the place of their
fathers sepulchres in sufficient numbers to use them
for the civilization and Christianization of a mighty
continent. Here is the grand problem ; here its
solution. Amid the griping lust of avarice and the
lazy love of ease 3 and the rage of fanatical ignorance
and stupidity, and the malignant plottings and
schemings of corrupt, president-making demagogues,
God is pressing toward the accomplishment of His
own blessed and glorious plan for the regeneration
and salvation of a continent. He is now making
the wrath of man to praise Him, and when these
agitations shall have brought the American people
to a realizing apprehension of the difference between
a war of revolution or a. foreign war, and a civil
war, which arrays a mighty nation one half against
the other, He will restrain the remainder, and the
THE RESTORATION. 301
people not the demagogues and fanatics but
the mighty CHRISTIAN PEOPLE, will stay the sword,
and say with one glad voice which will reverberate
from ocean to ocean ( Ye are brethren, marching on
toward the conquest of the world for its glorious
Master ; see that ye fall not out by the way. Let
the human master exercise all his legal rights, but
whenever God shall put it into his heart to send his
servant home to his fatherland, let us furnish the
means.
" Now, my respected audience, there is a way
for the accomplishment of this work without danger
of collision. Let each of the States pass the same
law, requesting Congress to propose an extension of
their power so as to remove existing doubts. Let the
proposed amendment to the Constitution run thus :
Congress shall have power To appropriate the sum
of five millions of dollars annually for the removal to
Africa of such colored persons as are free or may be
come free and are willing to go/ This would be but
a revival in substance of Mr. Monroe s plan, which
had, however, primary reference to recaptured Afri
cans. It would leave the question of slavery itself,
where God and the Constitution leave it, at the bar
of individual conscience ; and it would give the
United States no power over it whatever, while it
would open a door for the return of captive Africa
302 POLITICAL FALLACIES.
to his own land. Of course this movement must
begin and be largely carried forward in the South
ern States ; before it would be advisable for the
Northern to touch it. Should the South and the
North unite and two thirds agree, the emigration
of the free blacks would progress as fast as the
safety of the two races could allow ; and when free
people of color did not offer in sufficient numbers,
Government might compound with their owners for
the purchase 01 others.
" This simple plan would accomplish three
grand objects, each of which might be glory enough
for one nation.
" It would restore to freedom in fact half a mil
lion of men, who are already nominally free, yet for
ever tantalized and chafed to madness with the
perpetual remembrance of their really degraded so
cial and political position.
" It would civilize, and Christianize, and bring
into life and actual being untold millions of their
own race, for long ages lost to humanity in the deep
and dark solitudes occasioned by the slav*e trade,
and carry representative democracy and the English
language in triumph over a vast continent.
" And it would save the Union. By transmut
ing all the bad passions which cluster around the
slavery agitation, into a heaven-born charity, which
THE RESTORATION. 303
aims to accomplish so stupendous and benevolent a
work, it would create an emulation between the ex
tremes of our American empire, whose thrilling
energies in the cause of humanity and of God must
reinstate, in its own masterly power, the great and
glorious characteristic we are many, we are ONE/
Let us merely mention, without expansion, the
argument geographical. The Creator seems to
have constructed the country for mutual depend
ence, and made it impossible for the North or the
South, the East or the West, to be each indepen
dent of any or of all the rest. Interdependence
will necessitate reunion, except on the Pacific.
Here, iron rails are indispensable ; and the stronger
bonds of brotherhood, Christianity and national
patriotism.
CHAPTER XXIX.
THE BASIS OF RESTORATION.
KECONSTKUCTION DISSOLUTION AMENDMENT STATESMEN
GONE TRUE BASIS THE CONSTITUTION AS IT IS, AND THE
UNION AS IT WAS.
RECONSTRUCTION, an expression often used in
the Senate chamber, and of which Senator Hunter
was peculiarly fond, presupposes entire dissolution,
and is therefore odious in our view. It implies the
pulling of the house down, because of such defects
as render its tenure dangerous, and the hope of
fitting it up by repairs, and thus rendering it ten-
antable, to have been abandoned. It is not, to be
sure, exactly like the leprous house of the Hebrew
law, when given over by the priest, to be utterly
rejected, in all its materials, as useless and forever
lost ; but the materials may still be partially
worked up in a new edifice. Some of them are to
be cast off entirely ; others, however, may, by the
new architects, be so reformed and dressed as to
occupy a place suitable to their inferior nature, in
THE BASIS OF KESTOEATION. 305
some obscure parts of the grand, modernized struc
ture.
Against all this, our feelings, we confess, revolt,
and our judgment very decidedly objects. In the
first place, we deny the assumption that the mate
rials are decayed, unsightly, and unsuitable, to any
such extent as to endanger the occupants of the
building, or to deform its proportions, symmetry, or
beauty. We have never believed it perfect in either
of these respects. Doubtless some improvements
are possible ; but it makes abundant provision for
these, without utter demolition. The principal
defect apparent to our vision meets us at the very
vestibule. The portico lacks one gem to perfect
its lustre. There is Union and Justice, Common
Defence and General Welfare, Blessing and Lib
erty ; but we cast our eyes about in vain for that
which alone can give stability and beauty to the
whole the Koh-i-noor, whose radiant glories
crown the grandeur of the beautiful temple, the
Shekinah, is absent. The grand bond of our Na
tional Union does not distinctly acknowledge the *
being of a God. For more than forty years, a 4th
of July has seldom passed, on which I have not
preached and warned my countrymen of this de
fect, and told them, if it be not supplied, God tf
would pull down their temple and bury a nation in
306 POLITICAL FALLACIES.
its ruins. This warning has been sounded forth
from thousands of pulpits in the land, and would
have been much more extensively trumpeted, but
for the paralyzing influence of the fallacy which
we have already exposed couched in the dema
gogue s double entendre, " Religion has nothing to
do with politics." This defect has been supplied
in the Constitution as reconstructed by the rebels.
For this we give them honor due.
But, while we admit imperfection, and go in
for amendments, we deny the necessity of recon
struction, and we do not believe it would be wise
to proceed with amendments until after the resto
ration. Let that subject lie in abeyance until all
the States return to their place in the Government
and in subjection to the Constitution. There are
other reasons why it should be so ; and especially
why there should be no dissolution, and, of course,
no reconstruction. Among these we may set forth
our defect in architectural skill. We have made
little, no progress, in the seventy-three years that
have passed since the building was completed. In
naval architecture we have indeed shot ahead of
our fathers and of the world ; in civil and ecclesi
astical construction and execution also we have far
outstripped that age; and, indeed, in everything
belonging to material advancement, the age has
THE BASIS OF RESTORATION. 307
been progressive, and the fathers have been left in
the rear threescore years and ten. The truth is,
the national mind has been so wholly absorbed in
the vast business of physical development and ma
terial advancement we have been so fully alive t&
the philosophy of material experiment, that the
higher studies of man his nature, his intellectual
development, his laws of government, his moral
powers have been relatively overlooked. The con
sequence is, the race of statesmen has died out,
and no new race has arisen to take their places.
We have no statesmen. Whither now will you
look for a Washington, an Adams, a Jefferson, a
Jay, a Hamilton, a Madison, a Franklin, a Pinck-
ney, a Kandolph ? Manifestly, among the fossil
remains of an age gone by. We have no states
men. Politicians we have in scores ; and dema
gogues, alas ! in thousands ; but statesmen, oh !
my country ! where are they ?
On the score of ability abstract, intellectual
ability to build up a new system of government
we therefore object to the attempt in this genera
tion. But, if the capacity did exist, still more
seriously do we object on the ground of moral
qualities of political integrity. Politics is a
grand rascal, and cannot be intrusted with recon
struction. The pure, unsullied patriotism of the
308 POLITICAL FALLACIES.
fathers, no man expects to find, and, therefore, no
man looks for it. All that is expected now is
cunning, chicanery, tact in managing the wires,
and skill in the tricks of party the intrigues of
faction.
What, then, is to be done ? Nothing nothing
at all ; but abide as you are and you who have
departed, return to your own natural position,
where your fathers placed you. Exceedingly have
I been grieved at a phraseology often used by
speakers and writers, inadvertently, no doubt, in
most cases. Men talk of conquering the South.
My friends, this is all wrong. You cannot conquer
the South ten millions of people, or four millions
of white freemen, cannot be conquered and kept
down as a conquered people. This phraseology has
done immense mischief already, and will produce
much more. We of the United States do not de
sire to conquer the South. All we wish is, that
the South return to their proper place take their
seats in the Senate, in the House, in the executive
chair occasionally, in the departments, in the navy,
in the army, in the customhouse, in the postoffice,
in the diplomacy in every place where the Consti
tution may and shall place them. Fight the armed
rebellion we must ; break up hosts in hostile array
against the flag we must ; but the suppression of
THE BASIS OF RESTORATION. 309
an insurrection is not conquering a country. Let
us not irritate our brethren by boasting and brag
ging about conquering them : we wish only to aid
the Southern people, by suppressing the revolt, to
return and place themselves under the aegis of the
Constitution ; there to exercise all the rights and
to enjoy all the privileges purchased by the blood
and treasure of their fathers and guaranteed by
this semi-inspired instrument. Here they have
prospered, as we have seen from their own showing,
beyond all examples in the world s history ; and
here still more abundantly will they prosper after
restoration. Experience teaches fools, and they are
guilty of triple folly who cannot or will not learn
even in the school of experience. We have all
acquired much knowledge, within two ysars, that
ought, if we be not unreasonably perverse, to lead
us back to peace and harmony and love.
Plainly, then, the reader sees the basis of resto
ration in " the Constitution as it is and the Union
as it was." In our humble opinion, there is no
other rock on which the glorious temple of liberty
can stand. Should the lightnings of heaven rive
it, the building totters and falls ; and the hopes of
freedom to man pass away as a tale that is told.
Humanity, struggling forth from beneath the mighty
ruin of representative democracy, will raise her bruis-
310 POLITICAL FALLACIES.
ed head and stretch forth her feeble hands implor
ingly, to despotism, seated on his iron throne, and
pray for intervention to rescue her from the terrible
grasp of a self-governed people.
CHAPTER XXX.
HAPPY CONSEQUENCES OF A RESTORED UNION.
FAMILY CONNECTIONS ALL OVER BLESSED EETUEN NATIONAL
PEOSPEEITY CHUECn EEVIVED MISSION AND BIBLE CAUSE
EEGENEEATED.
THE vast breadth of our territory nearly equal
to the whole of Europe ; the immense diversities of
its soil and climate, adapting it to almost all pos
sible varieties of productions of the soil and the
mines ; the countless variety of our population,
native and imported, insuring and enforcing end
less diversities in tastes, capacities, and pursuits ;
the perfect freedom of locomotion and cheapness of
land, attracting enterprise to all quarters all these
have brought about such a perfect intermixture and
thorough dispersion of population and readjustment
of family ties by intermarriages where no class dis
tinctions exist, as has never been exhibited on so
immense a scale since the dispersion at Babel.
There is scarcely a country on earth unrepresented
on this continent and in these United States.
312 POLITICAL FALLACIES.
Families must consist of few members and be of
little enterprise, who have not branched forth into
one, two, or half a dozen States. From the Atlan
tic shores they have flooded the West and the South.
New England exists chiefly outside of herself. New
York, after receiving an immense New England
emigration, poured forth from her northern quarters
multitudes over all the western regions, city and
country ; and from her southern quarters, her men
and her capital into all the cities and regions from
Baltimore to New Orleans and Texas. Her capital
and men, along with those of New England, awoke
up New Orleans and made it a commercial empo
rium. New Jersey left half her lands untilled arid
trooped away to the West. Pennsylvania, ignorant
of her underground wealth her iron and her coal,
doomed shortly to dethrone King Cotton and to
rule the world henceforth flooded over the Poto
mac and filled up western Virginia, more than half
of whose population hailed from the Quaker colony;
then into Ohio and farther west. And still this
interminable intermixture continues and increases.
From all this it results that no great battle can be
fought in this dire conflict, that does not find fathers
and sons, brothers and brothers, cousins and cousins
arrayed against each other. How intense the feel
ings of friends ! how painful the anxieties of mothers
HAPPY CONSEQUENCES OF RESTORED UNION. 313
and sisters and cousins, in dread apprehension of
fratricidal slaughter ! What, then, must be their
state of niind at the restoration ? With what
palpitations of heart the mother and the sister will
inquire of the returned soldier, son and brother, to
be sure that his victories were not written out in
the blood of a rebel son or brother ! When the
glad sound of peace shall stay the uplifted sabre,
just ready to fall and cleave a brother s skull ; or
arrest the hand just at the moment when it is
pulling the cord that must send the booming shell
against the breast of a brother, a cousin, a father ;
or stop the finger s motion, just as the sight is
drawn for the face of a dear friend ; and when, in
a few minutes more, the fact is revealed that the
deadly movement must have struck down so dearly
beloved a brother, father, friend oh ! who can con
ceive- the emotions of tenderness such a discovery
must generate ? Who can describe with what
transports of gratitude to God for such interposi
tion, these enemies will throw down all hostile
arms and rush into each other s warm embrace ?
And then, friendly visits and reunion of long
divided families ; and tearful reminiscences of
mournful tragedies ; and confessions of regret and
sorrow for the false logic which generated bad feel
ings ; and then, falling on their knees and pouring
14
314 POLITICAL FALLACIES.
out the most heartfelt thanks to God, that He has,
through all these scenes of blood and carnage, car
ried so many of our dear ones safely, and brought
us together before one family hearth and one com
mon mercyseat. Oh yes, this dark night of sorrow
and anguish will be followed by a bright morn and
a joyful day.
To the nation many blessed consequences must
follow in the train of peaceful restoration. It
will have gone through the last trial needed to
demonstrate the wisdom, power, and strength of
the system contained in our Constitution. JSTo
government has ever been subjected to such a
trial. ISFo such conspiracy for length of time in
its preparation ; for depth of cunning guided by
such power of intellect ; for extent of numbers
engaged ; for fiscal and physical resources ; for
diplomatic ingenuity and finesse ; for clear insight
into the pathological susceptibility (if I may use
the expression) of the people to be stirred up and
infuriated ; above all, for overreaching sophistry
no sucli conspiracy has ever existed against any
government on earth. If we can overcome this,
and restore the Union as it was, and the Consti
tution as it is, that Union will be safe for a hun
dred years ; and the principles of that Constitution
will be secure forever ; and all the nations of the
HAPPY CONSEQUENCES OF RESTORED UNION. 315
world may yet form one grand Republic under the
Stars and Stripes. We can see no serious obstacle
in the way of our unique principle of local govern
ments to attend to local affairs, and a general
government based on the representative principle,
being applied for the world. The powers of Eu
rope have for more than forty years been approach
ing, though slowly, toward this point. At the
close of the Napoleonic wars, the principal nations
held a congress of states and assumed the settle
ment of many great questions. Eloquently was it
said on that occasion, " Scarce has the soldier time
to unbind his helmet, and to wipe away the sweat
from his brow, ere the voice of mercy succeeds to
the clarion of battle and calls the nations from
enmity to love."
And does not the present disposition to inter
vene in American affairs, bear the aspect of an
arbitration a grand committee a body of repre
sentatives for the adjustment of difficulties. Let a
star for old England, one for France, Eussia,
Prussia, &c., be planted on the blue, and a con
gress of the whole earth may settle all controversies
by the arbitrament of reason and the ballot box.
Highly conducive to permanency and peace
will be found the amazing displays of energy and
power presented by this civil strife to the aston-
316 POLITICAL FALLACIES.
ished gaze of mankind. Such armies were never
poured forth upon the ensanguined plain. Such
desperate courage, such indomitable resolution,
such strategetic skill, such profusion of men and
money, such scientific energy in the construction
of guns and ships, and all the appliances for de
struction of life and property, the nations have
never witnessed and history does not record. Now,
when these stupendous powers shall have ceased
their fratricidal direction ; when they shall have
coalesced under the old Flag, and a few years rest
shall have been taken to wear off acerbities and to
heal all wounds ; when we shall have become
again, in heart and soul, One People, will it not be
said of us, " God brought him forth out of Egypt ;
he hath as it were the strength of a unicorn ; he
shall eat up the nations his enemies, and shall
break their bones, and pierce them through with
his arrows. He couched, he lay down as a lion,
and as a great lion : who shall stir him up ? "
Add to this our national growth. At the be
ginning of the twentieth century of our era, we
shall count more than cne hundred millions, and
should our general advancement continue should
our resources run parallel with our population
and I can see no reason to doubt it, who shall stir
up the old lion and the young ? What nation
HAPPY CONSEQUENCES OF RESTORED UNION. 317
will assault the stars and stripes ? In what part
of the wide world will it not be adequate protec
tion and secure respect to exclaim, I AM AN AMER
ICAN ?
The cause of evangelical religion and the
churches of God in this land and in all lands, must
receive an immense impulse in connection with
this blessed restoration. I have before said, that
good men and true devoted servants of the Most
High zealous, humble, pious men in great num
bers, are spread all over the South. They fill the
legislative halls, the bench, the bar, the pulpit,
the church, the prayer meeting yea, the army.
As holy and as true and zealous men as can be
found in the North, in Europe, or the world, are
engaged in this rebellion. I have labored to show
how they have been led into it by violence done
to their reason, to their property, to their persons.
Bad men, too, and in great numbers, are spread with
equal diffuseness all over the South men as false
and foul and fanatical as you can find in the
North and this is saying a great deal. But the
counsels of Ahitophel will not always prevail :
the prayer has gone up from ten, fifteen, twenty
millions of hearts, and millions of millions of times
hearts too that have power with God " Lord,
I pray thee, turn the counsel of Ahitophel into
318 POLITICAL FALLACIES.
foolishness." And it hath been heard, and it will
be heard ; and his end, or rather the end of his
disciples may be " and hanged himself." Such a
fate, probably, awaits such counsellors, North and
South. But the people the great body of the
people, North and South, are not so, nor will they
so end their career. They are true, sincere, and
honest, and will lend all their energies to build
again the walls of Zion which the Ahitophels
have thrown down, and will restore the desolations
of this generation.
With me it has long been a fond idea, that the
Christian churches in this western land are des
tined of God to bear the banner of truth and
righteousness over all the earth. Our civil institu
tions are based on the leading principle of the
gospel plan of redemption the principle of repre
sentation: It is worked into the warp and woof of
our whole web of state and national policy. Hav
ing assumed as our fundamental principle that his
Creator has vested in man the right and power of
governing himself, we only need the idea of repre
sentation to render the exercise of the power prac
ticable. Accordingly it is seen everywhere in
actual operation ; and thus our religion becomes
our politics in the good sense our statesmanship ;
and our statesmanship becomes our religion. This
HAPPY COX SEQUENCES OF RESTORED UNION. 319
identity of principle and of its practical application
in government, both in church and state, qualify
this American people, above all on earth, to bear
the Christian religion and the freedom its doctrines
engender to all the families of the pagan nations.
The influence of this religion, in meliorating the
condition of society, in cultivating a peace policy,
in proclaiming good will to man everywhere, has
pervaded the entire mass of our population ; so
that the war spirit seems like a foreign element a
deadly virus injected by the evil one into the life
circulation of our great body politic a dangerous
disease gendered in the malaria of the Niger,
Senegal, and Senegambia. This the vigor of the
system will soon work out of the circulation and
throw off, when the entire renovated life will recu
perate and perform its functions with increased
energy.
Our inexhaustible physical and, of course, fis
cal resources constitute also an important ele
ment in the calculation of these forces. The
agricultural capacity of our lands is illimitable.
There is no possibility of exhausting our soil, under
our improving system of culture. On the con
trary, there is a constant increase. Lands scuffled
over with the shallow-running old wooden plough,
the shovel scraper and the hoe, for a hundred
320 POLITICAL FALLACIES.
years, we are just beginning to discover, can be
made to double or triple their product by kind
and generous treatment. And when this triplicate
ratio shall be reached, we shall discover that the
process of improvement is but begun. It is no
extravagance to suppose that our country will
become thus adequate to a population of three
hundred millions. In view of such resources, we
cannot doubt the ability of this Christian nation
to carry on the foreign wars foreign to our
American Christendom, but not to the dominions
of our Prince and to make the glad tidings of
peace and salvation known to all the world. A
tithe of the men and the money which we are now
immolating at the altars of Mars, in consequence
of the ungodly ambition of a few dozens of dema
gogues, would suffice, under the blessing of the
Most High, to send a missionary, with the Bible in
his hand, to every five thousand heathens in the
world. What an argument the friends of missions
and of Bible distribution will derive from this
war ! What member of the church, or of the
civil community, will dare hereafter to excuse him
self from a liberal contribution to the cause, on the
ground of penury ? Who will dare to deny the
ability of the American people to conquer the
world for Irnmanuel our Prince ?
HAPPY CONSEQUENCES OF EESTOKED UNION. 321
But let us not forget that missionaries and
Bibles are not all that are necessary to insure this
conquest. Oh, no. " Not by might, nor by power ;
but by my Spirit, saith the Lord." And here
comes the solemn question : But will God give his
Spirit, and thus insure the victory of truth and
right ? Can a nation of Christians, who have ex
pended so largely their blood and treasure and
energy in self-destruction, expect the Divine bless
ing in large measure ? Will God, in very deed,
dwell with men upon the earth ? Will He, in
very deed, make a suicidal nation the glorious
instrument, in his own hand, of carrying out the
purposes of his mercy to a lost world ? Will he
pour upon the American churches the spiritual
gifts necessary to accomplish these stupendous
results ?
What God will do, of course, we can only learn
from his word and from past movements of his
holy providence. From these sources judging, we
should expect great things. His chastising rod
can fall upon his own children only in this world :
when they leave it, they enter upon a state where
there is no sorrow and sighing, because no sinning.
The recent bitter experiences of the church, we
hope, have produced some of the peaceable fruits
of righteousness, for many of his people have been
14*
322 POLITICAL FALLACIES.
exercised thereby. Some humiliation and much
prayer have gone up, North and South ; mingled,
I fear, with many feelings, indeed, calculated to
neutralize their effects. Still, there has been
much sincere humiliation and heart-felt sorrow for
our national sins more supplication and inter
cession than at any period of our history. Now it
is a settled principle in the Divine government, to
chastise the individual and the nation no more
than is sufficient to bring about a proper state of
feeling ; a nation on its knees is likely to receive
forgiveness ; but the measure of true penitential
feeling, and of mere legal repentance, so to speak,
necessary to justify the Divine government in a
return to favorable dealing with it, is in His own
hands. But His anger will not burn always : we
look for the light of His countenance. We feel a
his;h confidence that " He will turn the heart of
O
the fathers to the children, and the heart of the
children to their fathers ; " and ere long, not
" smite the earth with a curse," but " pour out a
blessing that there shall not be room enough to
receive it." Contemporaneous with the restoration,
we look for an effusion of the Spirit, such as the
churches in this land have never witnessed. "I
will pour upon the house of David and upon the
inhabitants of Jerusalem the spirit of grace and
HAPPY CONSEQUENCES OF RESTORED UNION. 323
of supplication : and they shall look upon me whom
they have pierced [in the persons of my beloved
children], and they shall mourn for Him as one
mourneth for his only son ; and shall be in bitter
ness for Him, as one that is in bitterness for his
firstborn. In that day shall there be a great
mourning in Jerusalem, as the mourning of Hadad
Kimmon, in the valley of Megiddon." Oh yes !
" All the families that remain, every family apart,
and their wives apart/ If such a day shall,
through the united, earnest, and importunate
prayers of his people, come upon the churches, then
will Zion arise and shine, and the glory of the
Lord shall be seen upon her : then shall this
mighty people, with one heart and one soul, address
themselves to the glorious work of evangelization,
and distance all the nations in bearing the banner
of the cross in triumph over all the legions of error
and death.
From this point it is easy to see that countless
blessings must follow to all the world from this
restoration. Under the resistless influence of a
heaven-born charity, let the boundless resources of
this united and happy people be called forth, and
directed to the amelioration of human condition,
and what may not be the glorious results ? We
have already stationed our sentinels on some of the
324: POLITICAL FALLACIES.
most prominent points on the whole line of de
marcation between the lands of darkness and the
shadow of death and the regions of light and
Christian civilization. The watch fires glimmer
amid the solitudes and spiritual desolations of
pagan superstition and Mohammedan delusion, and
already the darkness perceptibly recedes, and the
light expands its radiant circle. Oh, how shall it
be, when not a few hundreds of devoted men and
women are seen feeling their way toward a few
chosen spots ; but tens of thousands shall rush
forth, with lamps trimmed and oil in their vessels,
to enlighten the earth ! How will not the light
flash forth when, like Gideon s three hundred, these
tens of thousands shall break their pitchers and
hold their lamps aloft, crying, " The sword of the
Lord and of Jesus ! " Oh, how will not the dark
ness flee away, and the Sun of Kighteousness illu
mine the broad sky and awake the sleepers of earth
to glory and immortality !
Then, the reflex influence of this spiritual illu
mination upon the civil institutions of the nations
must be immense ; in reforming and elevating the
masses ; in bringing down the loftiness of despotic
rule ; in breaking off the heavy yoke of govern
ments whose principle is the iron bondage of that
fear which hath torment, and substituting in its
HAPPY CONSEQUENCES OF RESTORED UNION. 325
place the easy yoke of moral rule, under laws
founded in love that lightens all labor ; in vindi
cating to man the right of self-control, vested in
him by the God who made him ; and in leading
him to the enjoyment of a well-regulated liberty,
founded on the Truth, and secured and promoted
by the governing principle of Kepresentative De
mocracy.
APPENDIX
ME. JEFFEESON DAVIS, quite recently, demonstrated the
separate independent sovereignties of the States, by the fact
that the treaty of Paris, 1783, by which England acknowl
edged the independence of the United States, recites the
States by name. Surely this gossamer sophism can entangle
the intellectual limbs of no sane man. The fact is so. See
Marten s Recneil de Traites, v. iii, 553. The heading is, " In
the name of the Most Holy and United Trinity." The pream
ble recites the friendly disposition of the parties " the Most
Serene and Most Potent Prince, George the Third" and
" the United States of America." It sets forth the object
"to establish such a beneficial and satisfactory intercourse
between the two countries, upon the ground of reciprocal
advantages and mutual convenience, as may promote and
secure to both perpetual peace and harmony." "Both par
ties" not fourteen parties, as Mr. Davis reads it, but the
two, viz., the King of England and the United States ; the very
terms used in the treaty of Ghent in 1814.
" Art. I. His Britannick Majesty acknowledges the said
United States, viz., New Hampshire, Massachusetts Bay, Ehode
Island and Providence Plantations, Connecticut, New York,
New Jersey, Pennsylvania, Delaware, Maryland, Virginia,
North Carolina, South Carolina, and Georgia, to be free, sov-
APPENDIX. 327
ereign, and independent States ; that he treats with them as
such, and for himself, his heirs and successors, relinquishes all
claim to the government, propriety and territorial rights of
the same and every part thereof." Mr. Davis s blunder in
tentional undoubtedly consists in assuming that the States
are taken here severally and not jointly, as a unit. This is
not true, for the preamble and the very words of this article
calls them " the UNITED STATES," and a party to the treaty
not thirteen parties. Obviously the naming of them severally
was necessary to exclude the other and contiguous colonies of
Great Britain New Brunswick, JSTova Scotia, and the two
Canadas ; but all through they are considered as a unit as
one people. This is demonstrably evident from the fact, that
Article II " defines the boundaries of the said United States.
This defining marks out the boundary of not one single State,
but only those of the whole thirteen as a unit as one na
tional territory one country.
Art. Ill guarantees the right to take fish of every kind
* * "to the inhabitants of both countries " only two coun
tries, not fourteen, are known.
Art. VII says, " all prisoners on both sides shall be set
at liberty." It also binds England to "leaving in all fortifica
tions the American artillery that may be therein ; and shall
also order and cause all archives, records, deeds, and papers
belonging to any of the said States or their citizens, * * * to
be forthwith restored, and delivered to the proper States and
persons to whom they belong." " Both sides" two parties
only: and " the American artillery" not the South Carolina,
the Pennsylvania, &c., artillery.
Art. X. " The solemn ratification of the present treaty
* * * shall be exchanged between the contracting parties in
the space of six months." Exactly so, in the treaty of Ghent,
328 APPENDIX.
the same phraseology occurs His Britannic Majesty and the
United States of America : " Immediately after the ratification
of the present treaty by the two parties " " all prisoners of
war taken on the one side or the other." And Art. VIII
speaks of the two parties : so X and XI speak of two sides
and the two parties.
The assumption of Mr. Davis that the States are severally
each is acknowledged as a sovereign and independent pow
er is utterly groundless. England never treated any one of
them as a sovereign power ; and General C. 0. Pinckney, of
South Carolina, correctly flouts the idea " as a species of po
litical heresy which can never benefit us, but may bring on us
the most serious distresses." See arate, p. 58.
INDEX.
A.
Abolition predicted as cause of war,
276 ; a pretext by South, 280.
Agricultural industry not all a nation
needs, 55.
Albany convention, 60.
Allegiance defined, first due to my
State, 240 ; fallacy, 242.
American colonies, history, 51 ; orig
inated from religious intolerance,
52 ; crown monopolies England s
policy, 55 ; diplomatists of the quo
rum, in moulding international law,
298.
Articles of Confederation and Perpet
ual Union, 103 ; a league, a confed
eracy for sake of union, 106 ; too
feeble a bond, 106.
Author s removal to and from Vir
ginia, 8-10.
B.
Barnwell, Robert, South Carolina,
says the Xorth helped sustain the
South, 87.
Blackstone errs as to social compact,
22 ; on rights, 30 ; defines law, 32 ;
on sovereignty, 44 ; says the king
reigns by general consent of the
people, 48.
Breckinridge, R. J., D. D., heroic
conduct, 190 ; his paper adopted by
General Assembly of the Presby
terian church, 204.
Buchanan, President, avers the United
States never failed to execute the
rendition law, 280.
C.
Calhoun, John C., sophistries, 9 ; as-
eerta the whole sovereignty rests in
each State, 17 ; too far north to raise
cotton, 267.
Church and State, intermeddling
with politics, 172.
Colonization, God s plan for Chris
tianizing Africa, 300.
Coercion of a sovereign State a falla
cy, 151.
Colonies, state of, before Declaration
of 1776, 94.
Compact, social, a figment and false
hood, 22.
Congress of 1774, 75 ; United Colo
nies, 1775, 77 ; elect a general, 78 ;
continental a provisional power,
residuary legatee of a defunct sov
ereign, 99.
Constitution, 109 ; Union, its basis and
prime design, 112 ; mode of ex
pounding, 11 ; excludes the word
and the idea of confederation, 115 ;
adopted by the people as a supreme
national government, 126, 135, 139 :
amendment proposed, 301 j God
needed in it, 305.
D.
Davip ; Jefferson, says the notion of a
national government is new, and of
northern invention, 118 ; refuted by
Governor Randolph, Madison, and
others, 118, &c. ; false views of tho
confederation, 138 ; false assump
tions, 156, 187 ; appendix, 326 ; extols
the prosperity of the South, and so
really denies the oppression by the
United States, 231.
Design of this book, 7.
Division of labor in the colonies dis
couraged by England, 56.
Dray ton, Judge Henry, views of the
great work of forming a constitu
tion, 104.
Duties denned, 30, 33.
330
INDEX.
Empires perish by extension, 94.
Ellsworth moves to reject the term
national as the epithet of our gov
ernment, 119 ; E Pluribus Uuum
indispensable to our being a great j
people, 95 ; God s revelation to
America, 96, 97.
Everett, Hon. Edward, history of
King Cotton, 269 ; states small pro
portion of slaves escape annually,
280 ; difficulty 1 285.
Expatriation, a sin or a duty, 27.
F.
Fallacy, doctrine explained, 140 ;
State independence, 146 ; State sov
ereignty, 151 ; exposed, 154 ; the
two united, 156 ; politico-ecclesias
tical discussion, 163 ; religion noth
ing to do with politics, exposed, 172;
groundless assumption in regard to
the Spring resolutions, 179.
Forfeiture of sovereignty justifies re
bellion, but not proved by the
South, 234.
Franklin, Benjamin, plans a union of
colonies, 60.
Fugitives from labor to be returned
by the State authority, 268, 276 ; few
in number, 281; after secession to
be secured by treaty, 283.
G.
Gasparin, Count de, views on seces
sion, 261.
Generous conduct in a foe softens
feeling, 291.
Government, 36; civil and ecclesias
tical, 38 ; ordained of God, 39 ;
formed by the United States Con
stitution, and not a league, 159 ; de
facto, fallacy from, 213.
Henry, Patrick, opposes the Consti
tution, and especially the words
" We, the people " a mere dema
gogue, 122.
Independence of the States severally
never admitted, 91 ; nor supposed
by the States themselves, 92 ; dou
ble meaning, viz., independence, on
Britain on one another, 148.
J.
Jackson, President, on Union, 12 ; on
nullification and State sovereignty,
158.
Janney, Hon. John, on allegiance,
Jeroboam s secession, 223.
K.
King Cotton a pensioner on the tariff,
Knights of the Golden Circle not
bound really by their oath to kill
Lincoln and dissolve the Union, 26.
L.
Law defined, 32.
Lee, R. H., writes to Madison, sug
gesting a convention to amend the
articles, 110.
M.
Madison holds to an aggregate sov
ereignty, a united people, 85 ; opin
ion as to danger to the Union, and
nted of a convention, 110 ; for a
strong national government, 118 ;
States not separately independent,
149.
Martin, of Maryland, on State inde
pendence, 148.
Mason, George, of Virginia, for a
strong national government, 119 ;
for ratification by the people, 133.
Missions and Bible cause, how af
fected by the rebellion and war,
318.
Morgan, General Daniel, a strong and
bold pugilist Bill Davis and he
friends after the fight, 288.
N.
National animosities often abated by
war, 290 ; government contended
for, 119, 138, 148.
" National Position " extract from
speech, 297 ; policy, 298.
Nature of anything defined, 19.
North and South whip each other
into mutual self-respect, 290.
O.
Oath createa not moral obligation, 24
INDEX.
331
P.
Palmer, Rev. Dr., a leader in seces
sion, 189.
Palmetto flagon Washington college,
12; burnt, 13.
Patterson, of New Jersey, for a mod
ification only of the old articles, 120.
Pendleton, Virginia, refutes Henry s
arguments against the words " We,
the people," 125 ; double meaning
and fallacy, 236.
Personal liberty laws, 283.
Presbyterian ministers fomented dis-
union in the youth, 189.
Pinckney, General C. C. and Hon. C.,
base independence on union, and
repudiate strongly separate State
sovereignty, 85, 86, 88 ; go for a
strong national government, 119.
Princeton Review vs. the Spring reso
lutions, 180, 185, 187 ; admit the in
dependent de facto government of
the Confederate States of America,
192 ; decide a purely political ques
tion, 201.
Promise creates not moral obliga
tion, 24.
E.
Randolph, Governor Edmund, Va.,
for Union, 89 ; resolutions, basis of
convention s action, 114 ; opposes
Henry s tirade of demagoguism
about "We, the people," 123; on
coercing a State, 151.
Rebel States not a government, but a
conspiracy to overturn a govern
ment, 193.
Rebellion may eventuate in a legiti
mate government, 220.
Religion has nothing to do with poli
tics, a fallacy, exposed, 172 ; will be
revived after the rebellion shall
have been suppressed, 318.
Restoration of the Union, 287 ; basis,
304, 309 ; happy effects on families,
States, social prosperity, 311.
Rights defined, 31, and duties recipro
cal, 33.
B.
Savage state not man s natural state,
31. (
Secession the essence of all immoral
ity. 12 ; denies nationality, 159 ; not
aYeserved right, 256 ; subverts all
society, 262 ; claims to be judge in
its ow n case, 263.
Slave trade extended by the Northern
vote, 275.
Social compact a fiction, 22, 135 ; na
ture of man, 19.
Society not a creature of man, but of
God, 22.
Sovereignty, 43 ; not a unit, 45 ; God s
gift to man, and so, by consent of
men, to kings, 48 ; supreme in
United States Government, 82, 117,
160.
Spring resolutions, 163-165, &c. ; their
meaning, 168 ; strange misappre
hension, 171.
Statesmen few, politicians multitudi
nous, 307.
Syllogism explained, 140.
T.
Thompson, Hon. Jacob, Miss., mis
takes his allegiance, 248.
Thornwell, Rev. James H.,D.D., ead
error, 265.
U.
Union, preceded independence (as the
foundation the building), the Arti
cles of Confederation, and the Con
stitution of the colonies, 58; its im
portance proved by the plan of 1754,
62-73; do., by various meetings,
73-75 ; Union toast at Philadelphia
dinner, 77 ; united colonies, 81 ; by
the Declaration of Independence,
82 ; Union its basis, C. C. Pinck
ney, 85 ; " the rock of our salva
tion," General Pinckney, 89 ; with
out it, no State supposed itself a
nation, and no nation recognized it
as such, 91 ; against Union there
never was, prior to the insurrection,
a majority of people in any State,
294 ; restored, secures prosperity,
and all nations may rally under the
Stars and Stripes, 315.
V.
Veto power claimed over State laws,
by Madison, Randolph, and Pinck
ney, 151.
Virginia convention dragged the
State out of the Union, 295.
Virginia s act adopting the Constitu
tion of the United States is in the
name of the people, arid claims the
right for the people of the United
States, not Virginia, to alter or
abolish it. 125.
332
INDEX.
W.
"Walker, R. J., about frost and ne
groes in Kansas, 266.
War, this, displays the power and re-
Bources of the Unied States, and
tends to settle the matter for ages.
316.
Washington, a member of congress,
in 1774, 75 ; and 1775, 77 ; elected
general, 78 ; his speech and com
mission recognizes Union, 79, 80 ;
his patriotism not confined to Vir
ginia, 249.
Washington College, Va., and its
Faculty sustain the students in tho
. matter of the flag, 15.
Whitney s, Eli, cotton gin made ne
groes valuable, 273.
Will of God alone creates moral
obligation, 26.
Wilson, James, Penn., compares tho
two plans, viz., the Virginia doc
trine of a strong national govern
ment, and the New Jersey doctrine
of amending the articles of confed
eration, 120 ; on State independ
ence, 148.
THE END.
14 DAY USE
RETURN TO DESK FROM WHICH BORROWED
LOAN DEPT.
This book is due on the last date stamped below, or
on the date to which renewed.
Renewed books are subject to immediate recall.
. GV181968 76
-R-e-a-
RFC Din
APR 1 1981
i37n-8flM2 2
LD 21A-60m-7, 66
(G4427slO)476B
General Library
University of California
Berkeley
U. C. BERKELEY LIBRARIES
CDTBSSBflED