The Crisis of Eighteen Hundred and Sixty-One In The Government of The United States.

by A. D. Steight.

PREFACE.

In presenting this volume to the people, we shall offer no apology. It has been our constant effort to condense into as small a compa.s.s as possible our views relative to the cause of our nation's calamity, and the proper course to be pursued to restore the supremacy of the laws, the integrity of the const.i.tution, and to preserve the Union. We have aimed at nothing but the good of our distracted country. That some will differ with us relative to our proposed plan of managing our national affairs in this hour of peril, is no more than we expect. We are aware that there are true-hearted and well-meaning men who are of the opinion that we had better compromise with the traitors to our country than to use forcible means to compel obedience to the laws. But we think they are seriously mistaken; that such a measure will but produce a temporary calm that will be succeeded by a storm of increased violence. We have labored in the first place to show that our present troubles are owing to a mistaken policy on the part of our government in adopting temporary pacification measures, instead of maintaining the supremacy of the laws. We have also endeavored to show from letters written by some of the founders of our government, that this is a government of the people collectly, and not a government of the States. We have further endeavored to show that the wisest of our statesmen were in favor of enforcing the laws regardless of the feelings of those who rebelled against them; and finally, we trust, that we have shown that a Republican government cannot be maintained unless the people of every section of the country are compelled to submit to the const.i.tutional acts of the majority. We wish our Southern brethren no harm, but they _must_ learn that this is a government composed of freemen who will submit to their dictation no longer; and the sooner they are apprized of this fact the better it will be for all parties concerned.

The necessity for a work of this kind has caused us to lay aside most pressing business matters which needed our attention; but in these perilous times we feel it our duty to do all we can to unite the people upon this momentous crisis in our national affairs. The hurried manner in which this work has been prepared, will account for the imperfections.

A. D. STREIGHT.

THE CRISIS.

WHAT PRODUCED IT.

When we behold a blooming youth, just entering upon the sphere of manhood, the fondest hopes of his honored parents, the admiration of all who know him, the brightest genious of his age, begin to wither and decay, our sinking spirits are aroused to make deep, anxious, earnest enquiry as to the nature and cause of the disease that threatens to drag him to an untimely grave, and bring misery, sorrow and pain to his unhappy parents, friends and admirers, and if there is to be found a remedy within the knowledge of man that will remove the malady, we are wont to apply it with the utmost prompt.i.tude, and await its effects with fearful apprehensions and the deepest suspense. No time is lost or exertion spared by the friends of the afflicted, but with a united effort they rally, each anxious to contribute the utmost of his ability to rescue the unfortunate sufferer from the dangers that threaten to rob them of one to whom they feel bound by every endearing tie that binds mankind to earth. Now, while a case like this should justly excite our sympathies and awaken every principle of humanity dwelling in the heart, yet how unimportant and insignificant is such a case, when compared with the decaying symptoms of a great, free, powerful and prosperous nation of over thirty millions of inhabitants, whose inst.i.tutions have been the hope and pride of the friends of liberty, whose prosperity is the marvel of the world, whose commerce extends to the most remote portions of the earth, whose territory covers twenty-three degrees of lat.i.tude and sixty degrees of longitude, whose soil is unsurpa.s.sed for the variety and richness of its productions, whose government has been the shield and asylum for the oppressed of all nations, and whose prosperity and power has been the object of jealousy and dread of the tyrants of every division of the globe. Yes, America has been, since the beginning of the nineteenth century, the stumbling block of tyrany, the good samaritan to the poor and unfortunate of the civilized portions of the earth, her unexampled progress the astonishment and admiration of every lover of liberty and friend of humanity, the framers of her inst.i.tutions are honored as the n.o.blest statesmen of any age, for their patriotism, purity and wisdom. And yet, strange as it may seem, this model government, this land of the free and home of the brave, presenting an aggregate of individual and national wealth, happiness and prosperity unequalled by the same numbers on the face of the earth, although in the first century of its gigantic infancy, it is now trembling with all the convulsive symptoms of revolution and civil commotion, which threatens to undermine the very basis of our inst.i.tutions and our liberties. Nay, the threatening storm is now producing a tumultuous sensation that is rocking the temple of liberty from top to bottom, and from center to circ.u.mference.

Such being the sad picture of the true condition of our country, we will proceed to make earnest enquiry as to the cause of the existing evils and from whence they come; for it is a well known principle in politics, as well as every other science, that in order to apply the rightful remedy for an existing evil, it is of the utmost importance that the nature and source of the evil should be carefully studied, and thoroughly understood by those having the case in charge.

Although the threatening aspect of our national affairs have called forth the opinions of some of our most able statesmen, relative to the causes of our present troubles, yet, with due deference to their talents, sagacity and wisdom, we feel constrained to say, that, in our opinion, they have entirely overlooked, or omitted to mention, one of the chief causes that have rendered the people of the Southern States so turbulant, defiant, and, at last, nearly ungovernable.

We will now proceed to give a brief statement of what we believe to be the source from whence most, if not all, our present difficulties can be traced, and by so doing we trust the means for restoring peace to the country will be more easily and unanimously decided upon.

In searching the political history of our country, it appears that in 1819 and '20, Congress objected to the further extension of slavery; (which, of course, it had a perfect right to do,) consequently Missouri was rejected when she applied for admission, because of her const.i.tution recognizing that inst.i.tution. At this the South became very indignant, and her statesmen predicted a speeded dissolution of the Union, unless Missouri was admitted. The result was a compromise in which the South obtained all she demanded, and then we learn nothing of her revolting spirit until the celebrated tariff difficulty came up, which called out General Jackson's proclamation, in 1832; and although that old hero stood his ground firmly and did his whole duty n.o.bly, yet there were those who were fearful that South Carolina would injure herself, like the spoiled boy, who throws himself on the floor, and in the midst of his rage, proceeds to bruise his head against articles of a more substantial character, consequently there was a compromise effected to appease her wrath. Again, when we were about appropriating money to pay Mexico for territory obtained from her, David Wilmot offered a proviso, that inasmuch as slavery did not exist in that territory at the time it came into our possession, it should not exist there thereafter. A very wise proviso, and a vast majority of the people of the country were in favor of it, but then it did not suit the South, consequently, her statesmen predicted an immediate dissolution of the Union, if Mr. Wilmot's proviso should become a law, and, of course, most of us loved the Union, hence we threw Mr. Wilmot's proviso overboard. But shortly after that, California made application to come into the Union as a free State. This was very obnoxious to our Southern brethren, consequently, they would dissolve the Union, unless there was some concessions made. Every body was at a loss to know what the nature of the concession could be, for the government had already signed several blanks for the South to fill out to their own liking, and it was supposed, that in their wisdom, they had secured, at least, what belonged to them; but then the country was declared to be in imminent danger of a speedy dissolution, unless there could be a compromise effected with the South.

All hands were set at work to ascertain whether there was anything which the government had not already granted them, and after diligent search it was found that there was occasionally a fugitive slave escaping from southern bondage, and as the people in some pertions of the country were not much inclined to extend any great amount of sympathy to those who were wont to pursue said fugitives, the South finally concluded to make this proposition: That in case the government would compel every northern man to aid in catching and returning the fugitive slaves at his own cost and expense, then they, the South, would allow California to be admitted as a free State, and suffer the Union to remain undivided. Most of us remember well when this ultimatum was presented to us. We generally disliked the idea of being called blood hounds and negro catchers, by the civilized nations of the earth, saying nothing about the expense or our feelings attending this unpleasant operation, but then we loved our country, and could not think of its destruction without feelings of sadness, and when the fire-eating gentry would show their teeth, brandish their bowie knives and draw their revolvers, expressing their readiness, willingness, and final determination to shoot down, cut and carve, and smash things generally, provided we did not consent to catch Sambo; life being sweet to us, and peace being desirable, we finally concluded to save our country, even if we were compelled to chase Sambo to do it. And here again we compromised upon the basis of what was called the Fugitive Slave Law of 1850. We do not claim any great show of bravery or firmness in this case, but then if self degradation and humiliation to save our country is a mark of patriotism, we would be sorry to hear of a more patriotic people than we of the north proved ourselves to be in this transaction.

Peace being again declared to exist, things seemed to move quietly along until the winters of 1853-'54, when, to everybody's surprise, (I mean in the North,) one Stephen A. Douglas, desiring to become President of the United States, set himself at work to find out whether there was not something more which the South might have granted her to enhance her interests. Stephen, being a man of great industry and perseverance, searched carefully and thoroughly, and at last he found a restriction on the extension of the inst.i.tution of slavery north of thirty-six degrees and thirty minutes north lat.i.tude. With great earnestness, and a show of fairness, he entered into the task of removing this restriction. He was soon made acquainted with the fact that this restriction was but a part of a solemn compact, and that the party for whose benefit the restriction was established, had paid for it a large price, and a disinheritance at this time would be gross injustice toward the party aggrieved.

Even some of the Southern Senators labored hard to dissuade Stephen from his purpose, on this account, but then Stephen was desirous of becoming President, and not being excessively burthened with a high sense of justice, he was inexorable in his undertaking, and pressed it with vigor and energy. Southern statesmen espoused the cause with their usual unanimity, and again declared that unless the restriction was removed this Union would be dissolved. All will remember how reluctant the people of the free States were to grant this demand; but, as in former times, we loved our country, and when its very existence was threatened we were desirous of avoiding the great calamity; hence, the restriction was removed, and the famous Kansas and Nebraska Act became a law.

Although the South had thus far been successful in obtaining whatever they demanded, nevertheless, the defiant course they had pursued, the increasing frequency, and the nature of the demands, together with their refusal to be governed by a compromise, even after dictating the terms of it themselves, began to open the eyes of some of our Northern statesmen--hence, the Republican party sprang into existence in 1854 with the avowed intention of resisting through the ballot-box each and every encroachment from our Southern brethren thereafter. This was declared by the South to be very dangerous to the Union, and in 1856, when the Republicans run a candidate in the person of John C. Fremont for the Presidency, the South declared that to be a great insult to her dignity, and a just cause for a dissolution of the Union. She bl.u.s.tered and threatened to such an extent that they succeeded in frightening the people of some of the free States into the support of James Buchanan, which, together with her united vote, she succeeded in carrying the election, and Mr. Buchanan became President. It soon became evident that the South were not any way inclined to abandon their aggressive policy. The attempt to subjugate the people of Kansas by forcing slavery upon them, against the well known wish of three-fourths of the inhabitants, was sufficient to wake up still another cla.s.s of the people of the free States, which caused large accessions to the Republican party, and a complete division of the Democratic party. Finally, the Democrats met at Charleston on the 23d day of April, 1860, to nominate candidates for President and Vice-President.

Protection for slave property in the territories was demanded by the South--it was rejected--the convention split and adjourned. The South nominated a separate candidate upon the slave protection platform, and again resorted to her old tune of declaring the Union in danger; but the people had become disgusted with this kind of electioneering, and most emphatically refused to be bullied into the support of that dogma; consequently they cast their votes for Abraham Lincoln, and elected him, which is now declared by the South to be sufficient cause for dissolving the Union. But some of the more moderate of the Southerners are willing to suffer a portion of the Union to remain undivided, provided the North will consent to amend the Const.i.tution so as to legalize slavery as a national inst.i.tution. This is a very moderate request indeed; but, fellow countrymen, _are you ready to grant it_?

We have thus sketched a brief history of what we believe to be the true cause of the present crisis. And why is it the cause? The answer is plain to everyone--the South have been in the habit of controlling the policy of the government, by argument, if they could, but by threats of violence if they failed with the first. They have been successful in so many schemes of this kind, that they began to look upon that condition of things as co-existent with our government. Now we shall not contend that our Southern brethren are any more turbulent and ungovernable than the same number of Northern men would be, if they had been similarly dealt with.

Had the government of the United States, instead of compromising with the South when threats were made, pursued a straightforward course regardless of the threats, or those who made them, and in case there had been forcible resistance to the laws, called out sufficient force to suppress the rebellion, then the people of the South would have learned one important lesson in earlier times.

This would have saved both them and the government much trouble and expense, but since they have not learned this lesson before, they should learn it now; and though they may be somewhat like an overgrown, high-spirited colt, that has never been harnessed, yet, with patience, kindness and _firmness_, we trust they will still learn the lesson without very seriously injuring either themselves or others. Should this not be the case, if they are determined to resist all legal restraint, can there be any advantage in further delaying the use of force? Can any one pretend that further concession would help the case permanently? There is no use of dodging the question. All must admit that the great cause of our present troubles is owing to an unwillingness of the South to submit to any terms except such as they may dictate. And some of them have even gone so far as to say that even though they are allowed this privilege, they would not abandon their treasonable designs. Verily we believe that Uncle Sam has spoiled some of his boys by over indulgence. We will endeavor to show this to be the case, by showing that, where resistance to the laws has been met by force, instead of concession, the people are more law-abiding citizens, at least we hear of no threats from that source of overthrowing the government, unless certain measures are adopted. It is a noticeable fact that, during our national existence, there has never been any concession, on the part of the government of the United States, granted to any portion of the north, where there has been resistance to the laws; but the strong arm of the government has been used to put down such resistance whenever it became necessary. The great rebellion of 1785, called Shay's Rebellion, was met with force, and the leaders punished. The great Whisky Rebellion, as it is called, was suppressed with an armed force 15,000 strong in 1794. General Washington was then president, showing that he recognised the principle of suppressing insurrection by force, if necessary to do so, in order to maintain the supremacy of the law. Again, we find the United States using force to carry out the fugitive slave law in the Burns case, and, in fact, several others. The Kansas troubles were met with force, not compromise. All these cases have occurred in the north, and have been promptly met by the government, which has had a tendency to teach the people of that section of the country that, to resist the laws, is sure to incur the legal penalty. Remonstrance has been of no avail--the laws were pointed to as the guide. This was the case particularly in the Kansas troubles, when the laws of the notorious bogus legislature were being forced upon the people by the government bayonets. Mr. Buchanan was then implored to desist, and allow the people to re-construct the laws of the territory. They were told that, although the laws were oppressive, yet so long as they remained on the statute books of the territory, they were the laws of that country, and must be enforced. This has uniformly been the course of the government toward the people of the north. We do not complain of this, but simply refer to it to show that, while the people of the north have been taught to obey the laws, or suffer the penalty of their violation, the people of the south have been allowed to control the policy of the government by threats and violence, and as might have been expected, they have at last become entirely insufferable. They will no longer be satisfied with anything in reason or out of reason. They will neither be peaceable, nor allow others to live in peace. Their demands have become more frequent and of a more startling character--and why is this? It is because they have never been made sensible of the fact that the government of the United States is capable of enforcing its laws in that portion of the country as well as in any other.

How absurd it is, then, at this time, for us to offer them another compromise--it would be like adding new fuel to the fire, it might suppress the flame momentarily, but when it bursts forth again it would be with increased vigor and violence. We should not compromise in the least if we desire permanent peace, but administer the laws with firmness and justice; and although it may take the force of arms to do so, yet a rivulet of blood, spilt at this time, will prevent rivers of it in the future. Let us not entail the evil effects of failing to perform our duty upon our children, but sternly perform our whole duty, and transmit to the next generation the good old ship of State in a sound and navigable condition; and if there be mutineers who persist in her destruction let us warn them manfully of the dangers they are incurring upon themselves, and as a last resort, rather than give up the ship, let us arrest their progress by force.

Although we have given at length what we believe to be the great primary cause of our present crisis, yet there are other more immediate causes, among which is the course that the Northern press have pursued since this secession movement has a.s.sumed a more positive form. Many of the leading papers have advocated the policy of allowing such States to secede as choose to do so. And others have been loud with their demands for concession and compromise upon any basis that would satisfy the traitors and restore peace. While still another cla.s.s have battled manfully for the supremacy of the laws. This division of what is taken for the public sentiment, has been a source of consolation and encouragement to the traitors, while the government of the United States has stood silent with folded arms and allowed itself to be robbed of millions of dollars worth of property without raising a hand or uttering a solitary protest against the theft. What more encouragement could those who have been engaged in this treasonable scheme have asked for or desired? They have been told by a portion of the Democratic press that they were perfectly justifiable in dissolving the Union; and by a portion of the Republican press, that although they were by no means justifiable in committing such an outrageous act, yet, if they were really in earnest, and were determined to do so or fight, then they could go ahead, for there would be no fighting to maintain a Union with such unruly neighbors. Such seems to have been the reckless and ill-timed course on the part of the press at this present juncture, that it has encouraged the traitors by, representing the friends of the Union as divided into fragments, thus removing all opposition to their reckless course. Had the press of the North presented an unbroken front in favor of the Union, and a determination to stand by it regardless of threats or even of violence, we have every reason to believe that the South would have hesitated and considered the nature of the calamity they were bringing upon themselves and their country. That the spirit of compromise heretofore exercised on the part of our government toward those who have threatened violence, is the great source of our political troubles, can hardly admit of a doubt--why should we pursue the policy still further that has brought us to the very verge of ruin? Since it is our wavering, compromising, and undecided course that has brought our country to ruin, let us proceed to adopt a more firm and decided course. Give the South all that is their right, and boldly refuse to submit to any dictation beyond our const.i.tutional duty. This is not the time to amend const.i.tutions nor to change public opinion, but let every man rally to the support of his country, and when peace is restored and traitors have laid down their arms and signified a willingness to submit to the laws, we will have more leisure to investigate the nature of the proposed const.i.tutional amendments.

THE CRISIS,

AND HOW TO MEET IT.

In the government of nations there are, sometimes, crises of the most momentous importance. They either promote stability or terminate in ruin.

The result depends upon the virtue and patriotism of the ma.s.s of the people, and the wisdom, prudence and unflinching firmness of their rulers and statesmen.

The United States of America are in the midst of just such a crisis at present, and nothing is more important than correct views with regard to that crisis on the part of the people. To aid in the dissemination of such views, in order to produce unity of action among all cla.s.ses of the people is the object of this publication, in which we shall ignore mere partisanship and take large and patriotic and comprehensive views of the genius and principles of our government.

One of the gravest questions for the consideration of the people of this nation, and for their enlightened solution, has just arisen, that has ever been presented for an answer since the formation of our republican government. It is this: Has any State in the Union a right, under the present Const.i.tution, peaceably to withdraw itself from that Union, for the purpose of setting up a separate, distinct, and, necessarily, conflicting nationality?

Very important is it that this question should be correctly answered in the present juncture, and that the people should be fully prepared to act understandingly. Vast and immeasurable results depend upon it.

If this vital question could be answered in the affirmative, as some seem to think, then would the federal compact, by which these States are held together, be a mere rope of sand, without strength or tenacity, subject to be ruptured by the slightest discord. Such a solution of the question, if acted upon _practically_, would carry us back to the old confederation, by the articles of which these States were connected in their a.s.sociated capacity previous to the adoption of the present const.i.tution. And what was that confederation? Merely a league of States, in which each individual member of that league was at liberty to act in her sovereign capacity, without any binding restrictions. Each individual member of that confederation could levy taxes, raise revenue, make alliances, declare war, make peace, and do whatever else she chose without consultation with the rest of the members, and without being held amenable for her action, except just so far as the general law of nations held her amenable. From that confederation she could at any time withdraw or secede, without being rebellious or traitorous to the other members.

Experience proved to the satisfaction of the wise, patriotic and far seeing fathers of the republic, that such a confederation was entirely ineffectual for the accomplishment of the great purposes for which it was formed. It possessed not the concentrated power of binding and irrepealable unity to protect the common flag of a common Union. It could not, therefore, command the respect and the honor of other nations, nor promote its own stability and permanence.

Is the present Union similar to that? Can a South Carolina, or a Ma.s.sachusetts, or any other disaffected State withdraw or secede at will, as she could from the Old Confederation, and set up, if she choose, an independent nationality? No such thing. The present compact and const.i.tution grew out of the absolute necessities consequent upon the inefficiency of the old confederation. They were established solely to prevent or obviate that inefficiency, and provide a common flag and a common government capable of commanding respect. An examination of the present Const.i.tution will show that fact. We will, therefore, present those provisions of that instrument which have a direct bearing upon the decision of this question, and then show by the record how the fathers of that Const.i.tution understood its powers, and how that understanding has been confirmed by all the precedents in the history of the government to the present time.

The very preamble of the Const.i.tution itself shows that it was formed for the purpose of establishing a government stronger and more efficient than the old confederation. It is in these words:

"We, the people of the United States, in order to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Const.i.tution for the United States of America."

Among other things, this preamble declares that the present const.i.tution was "ordained and established" "in order to form _a union more perfect_"

than existed under the provisions of the old confederation--a union that could not be dissolved at the pleasure or choice of any State or any number of States without the consent of three-fourths of the sovereign people. It conceded to a general government certain powers and rights, which were, of course, subtracted from the powers and rights of the separate State sovereignties, and these powers and rights were vested solely in the hands of a President, "a Congress of the United States," and a Supreme Court created and elected according to the provisions of that const.i.tution. And now, to understand this matter, what were those particular powers and rights which were thus abstracted from the separate State sovereignties and vested in a general government? They are very emphatically, clearly and forcibly declared in article I, section 8, of the const.i.tution of the United States. They are thus expressed:

"The Congress shall have power--

"1. To lay and collect taxes, duties, imposts, excises; to pay the debts, and provide for the common defence and general welfare of the United States; but all duties, imposts, and excises shall be uniform throughout the United States;

"2. To borrow money on the credit of the United States;

"3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes;

"4. To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;

"5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

"6. To provide for the punishment of counterfeiting the securities and current coin of the United States;

"7. To establish post offices and post roads;

"8. To promote the progress of science and useful arts, by securing for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries;

"9. To const.i.tute tribunals inferior to the Supreme Court; to define and punish piracies and felonies committed on the high seas, and offences against the law of nations;

"10. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;