Showing posts with label Treason. Show all posts
Showing posts with label Treason. Show all posts

Saturday, January 27, 2024

Andrew Jackson’s Proclamation Regarding the Nullifying Laws of South Carolina, December 10, 1832

PROCLAMATION,

BY ANDREW JACKSON, PRESIDENT OF THE UNITED STATES.

TUESDAY, DECEMBER 10, 1832.

Whereas a convention, assembled in the State of South Carolina, have passed an ordinance, by which they declare, "that the several acts and parts of acts of the Congress of the United States, purporting to be laws for the imposing of duties and imposts on the importation of foreign commodities, and now having actual operation and effect within the United States, and, more especially" two acts for the same purposes, passed on the twenty-ninth of May, 1828, and on the fourteenth of July, 1832, "are unauthorized by the Constitution of the United States, and violate the true meaning and intent thereof, and are null and void, and no law," nor binding on the citizens of that State or its officers: and, by the said ordinance, it is further declared to be unlawful for any of the constituted authorities of the State, or of the United States, to enforce the payment of the duties imposed by the said acts within the same State, and that it is the duty of the legislature to pass such laws as may be necessary to give full effect to the said ordinance:

And, whereas, by the said ordinance, it is further ordained, that in no case of law or equity, decided in the courts of said State, wherein shall be drawn in question the validity of the said ordinance, or of the acts of the legislature that may be passed to give it effect, or of the said laws of the United States, no appeal shall be allowed to the Supreme Court of the United States, nor shall any copy of the record be permitted or allowed for that purpose; and that any person attempting to take such appeal, shall be punished as for a contempt of court:

And, finally, the said ordinance declares that the people of South Carolina will maintain the said ordinance at every hazard; and that they will consider the passage of any act by Congress, abolishing or closing the ports of said State, or otherwise obstructing the free ingress or egress of vessels to and from the said ports, or any other act of the Federal Government to coerce the State, shut up her ports, destroy or harass her commerce, or to enforce the said acts, otherwise than through the civil tribunals of the country, as inconsistent with the longer continuance of South Carolina in the Union; and that the people of the said State will thenceforth hold themselves absolved from all further obligation to maintain or preserve their political connection with the people of the other States, and will, forth with, proceed to organize a separate government, and do all other acts and things which sovereign and independent States may of right do:

And, whereas, the said ordinance prescribes to the people of South Carolina a course of conduct, in direct violation of their duty, as citizens of the United States, contrary to the laws of their country, subversive of its Constitution, and having for its object the destruction of the Union—that Union, which, coeval with our political existence, led our fathers, without any other ties to unite them, than those of patriotism and a common cause, through a sanguinary struggle to a glorious independence-that sacred Union, hitherto inviolate, which, perfected by our happy Constitution, has brought us, by the favor of Heaven, to a State of prosperity at home and high consideration abroad, rarely, if ever, equalled in the history of nations. To preserve this bond of our political existence from destruction, to maintain, inviolate, this state of national honor and prosperity, and to justify the confidence my fellow-citizens have reposed in me, I, ANDREW JACKSON, President of the United States, have thought proper to issue this, my PROCLAMATION, stating my views of the Constitution and laws, applicable to the measures adopted by the Convention of South Carolina, and to the reasons they have put forth to sustain them, declaring the course which duty will require me to pursue, and, appealing to the understanding and patriotism of the people, warn them of the consequences that must inevitably result from an observance of the dictates of the convention.

Strict duty would require of me nothing more than the exercise of those powers with which I am now, or may hereafter be invested, for preserving the peace of the Union, and for the execution of the laws. But the imposing aspect which opposition has assumed in this case, by clothing itself with State Authority, and the deep interest which the people of the United States must all feel, in preventing a resort to stronger measures, while there is a hope that any thing will be yielded to reasoning and remonstrance, perhaps demand, and will certainly justify, a full exposition to South Carolina and the nation, of the views I entertain of this important question, as well as a distinct enunciation of the course which my sense of duty will require me to pursue.

The ordinance is founded, not on the indefeasible right of resisting acts which are plainly unconstitutional, and too oppressive to be endured, but on the strange position that any one State may not only declare an Act of Congress void, but prohibit its execution—that they may do this consistently with the Constitution—that the true construction of that instrument permits a State to retain its place in the Union, and yet be bound by no other of its laws than those it may chose to consider as constitutional. It is true, they add, that, to justify this abrogation of a law, it must be palpably contrary to the Constitution; but it is evident that, to give the right of resisting laws of that description, coupled with the uncontrolled right to decide what laws deserve that character, is to give the power of resisting all laws. For, as by the theory, there is no appeal, the reasons alleged by the State, good or bad, must prevail. If it should be said that public opinion is a sufficient check against the abuse of this power, it may asked why it is not deemed a sufficient guard against the passage of an unconstitutional Act by Congress. There is, however, a restraint in this last case, which makes the assumed power of a State more indefensible, and which does not exist in the other. There are two appeals from an unconstitutional act passed by Congress one to the judiciary, the other to the people and the States. There is no appeal from the State decision in theory: and the practical illustration shows that the courts are closed against an application to review it, both judges and jurors being sworn to decide in its favor, But reasoning on this subject is superfluous when our social compact in express terms declares, that the laws of the United States, its Constitution, and treaties made under it, are the Supreme Law of the Land: and, for greater caution, adds, “that the judges in every State shall be bound thereby, any thing in the Constitution or laws of any State to the contrary notwithstanding." And it may be asserted, without fear of refutation, that no federative government could exist without a similar provision. Look for a moment to the consequence. If South Carolina considers the revenue laws unconstitutional, and has a right to prevent their execution in the port of Charleston, there would be a clear constitutional objection to their collection in every other port, and no revenue could be collected any where; for all imposts must be equal. It is no answer to repeat that an unconstitutional law is no law, so long as the question of its legality is to be decided by the State itself; for every law operating injuriously upon any local interest will be perhaps thought, and certainly represented, as unconstitutional, and, as has been shown, there is no appeal.

If this doctrine had been established at an earlier day, the Union would have been dissolved in its infancy. The excise law in Pennsylvania, the embargo and non-intercourse law in the eastern States, the carriage tax in Virginia, were all deemed unconstitutional, and were more unequal in their operation than any of the laws now complained of; but, fortunately, none of those States discovered that they had the right now claimed by South Carolina. The war into which we were forced, to support the dignity of the nation and the rights of our citizens, might have ended in defeat and disgrace, instead of victory and honor, if the States, who supposed it a ruinous and unconstitutional measure, had thought they possessed the right of nullifying the act by which it was declared, and denying supplies for its prosecution. Hardly and unequally as those measures bore upon several members of the Union, to the legislatures of none did this efficient and peaceable remedy, as it is called, suggest itself. The discovery of this important feature in our Constitution was reserved to the present day. To the statesmen of South Carolina belongs the invention, and upon the citizens of that State will unfortunately fall the evils of reducing it to practice.

If the doctrine of a State veto upon the laws of the Union carries with it internal evidence of its impracticable absurdity, our constitutional history will also afford abundant proof that it would have been repudiated with indignation, had it been proposed to form a feature in our government.

In our colonial State, although dependent on another power, we very early considered ourselves as connected by common interest with each other. Leagues were formed for common defence, and before the Declaration of Independence, we were known in our aggregate character as THE UNITED COLONIES OF AMERICA. That decisive and important step was taken jointly. We declared ourselves a nation by a joint, not by several acts; and when the terms of our confederation were reduced to form, it was in that of a solemn league of several States, by which they agreed that they would, collectively, form one nation for the purpose of conducting some certain domestic concerns, and all foreign relations. In the instrument forming that Union, is found an article which declares that "every State shall abide by the determinations of Congress on all questions which by that confederation should be submitted to them."

Under the confederation, then, no State could legally annul a decision of the Congress, or refuse to submit to its execution; but no provision was made to enforce these decisions. Congress made requisitions, but they were not complied with. The government could not operate on individuals. They had no judiciary, no means of collecting revenue.

But the defects of the confederation need not be detailed. Under its operation, we could scarcely be called a nation. We had neither prosperity at home nor consideration abroad. This state of things could not be endured, and our present happy Constitution was formed; but formed in vain, if this fatal doctrine prevails. It was formed for important objects that are announced in the preamble made in the name and by the authority of the people of the United States, whose delegates framed, and whose conventions approved it. The most important among these objects, that which is placed first in rank, on which all the others rest, is "to from a more perfect Union" Now, is it possible that, even if there were no express provision giving supremacy to the Constitution and Laws of the United States over those of the States, it can be conceived, that an instrument made for the purpose of "forming a more perfect Union" than that of the confederation, could be so constructed by the assembled wisdom of our country as to substitute for that confederation a form of government dependent for its existence on the local interest, the party spirit of a State, or of a prevailing faction in a State? Every man of plain unsophisticated understanding, who hears the question, will give such an answer as will preserve the Union. Metaphysical subtlety, in pursuit of an impracticable theory, could alone have devised one that is calculated to destroy it.

I consider, then, the power to annual a law of the United States, assumed by one State, INCOMPATIBLE WITH THE EXISTENCE OF THE UNION, CONTRADICTED EXPRESSLY BY THE LETTER OF THE CONSTITUTION, UNAUTHORIZED BY ITS SPIRIT, INCONSISTENT WITH EVERY PRINCIPLE ON WHICH IT WAS FOUNDED, AND DESTRUCTIVE OF THE GREAT OBJECT FOR WHICH IT WAS FORMED.

After this general view of the leading principle, we must examine the particular application of it which is made in the ordinance.

The preamble rests its justification on these grounds: It assumes, as a fact, that the obnoxious laws, although they purport to be laws for raising revenue, were, in reality, intended for the protection of manufactures, which purpose it asserts to be unconstitutional—that the operation of these laws is unequal—that the amount raised by them is greater than is required by the wants of the government—and, finally, that the proceeds are to be applied to objects unauthorized by the Constitution. These are the only causes alleged to justify an open opposition to the laws of the country, and a threat of seceding from the Union, if any attempt should be made to enforce them. The first virtually acknowledges that the law in question was passed under a power expressly given by the Constitution, to lay and collect imposts; but its constitutionality is drawn in question from the motives of those who passed it. However apparent this purpose may be in the present case, nothing can be more dangerous than to admit the position that an unconstitutional purpose, entertained by the members who assent to a law enacted under a constitutional power, shall make that law void; for how is that purpose to be ascertained? Who is to make the scrutiny? How often may bad purposes be falsely imputed? in how many cases are they concealed by false professions? in how many is no declaration of motive made? Admit this doctrine, and you give to the States an uncontrolled right to decide, and every law may be annulled under this pretext. If, therefore, the absurd and dangerous doctrine should be admitted, that a State may annul an unconstitutional law, or one that it deems such, it will not apply to the present case.

The next objection is, that the laws in question operate unequally. This objection may be made with truth, to every law that has been or can be passed. The wisdom of man never yet contrived a system of taxation that would operate with perfect equality. If the unequal operation of a law makes it unconstitutional, and if all laws of that description may be abrogated by any State for that cause, then indeed is the Federal Constitution unworthy of the slightest effort for its preservation. We have hitherto relied on it as the perpetual bond of our Union.

We have received it as the work of the assembled wisdom of the nation, have trusted to it as to the sheet anchor of our safety, in the stormy times of conflict with a foreign or domestic foe. We have looked to it with sacred awe, as the palladium of our liberties; and, with all the solemnities of religion, have pledged to each other, our lives and fortunes here, and our hopes of happiness hereafter, in its defence and support. Were we mistaken, my countrymen, in attaching this importance to the Constitution of our country? Was our devotion paid to the wretched, inefficient, clumsy contrivance, which this new doctrine would make it? Did we pledge ourselves to the support of an airy nothing—a bubble that must be blown away by the first breath of disaffection? Was this self-destroying, visionary theory, the work of the profound statesmen, the exalted patriots, to whom the task of constitutional reform was entrusted? Did the name of Washington sanction, did the States deliberately ratify, such an anomaly in the history of fundamental legislation? No. We were not mistaken! The letter of this great instrument is free from this radical fault: its language directly contradicts the imputation: its spirit—its evident intent, contradicts it. No, we did not err! Our Constitution does not contain the absurdity of giving power to make laws, and another power to resist them. The sages, whose memory will always be reverenced, have given us a practical, and, as they hoped, a permanent constitutional compact. The father of his country did not affix his revered name to so palpable and absurdity. Nor did the States, when they severally ratified it, do so under the impression that a veto on the laws of the United States was reserved to them, or that they could exercise it by application. Search the debates in all their conventions—examine the speeches of the most zealous opposers of federal authority—look at the amendments that were proposed. They are all silent—not a syllable uttered, not a vote given, not a motion made to correct the explicit supremacy given to the laws of the Union over those of the States—or to show that implication, as is now contended, could defeat it. No, we have not erred! The Constitution is still the object of our reverence, the bond of our Union, our defence in danger, the source of our prosperity in peace. It shall descend, as we have received it, uncorrupted by sophistical construction, to our posterity; and the sacrifices of local interests, of State prejudices, of personal animosities, that were made to bring it into existence, will again be patriotically offered for its support.

The two remaining objections, made by the ordinance to these laws, are, that the sums intended to be raised by them are greater than are required, and that the proceeds will be unconstitutionally employed. The Constitution has given expressly to Congress the right of raising revenue, and of determining the sum the public exigencies will require. The States have no control over the exercise of this right, other than that which results from the power of changing the representatives who abuse it, and thus procure redress.

Congress may, undoubtedly, abuse this discretionary power, but the same may be said of others with which they are vested. Yet the discretion must exist somewhere. The Constitution has given it to the representatives of the people, checked by the representatives of the States, and by the executive power. The South Carolina construction gives it to the legislature or the convention of a single State, where neither the people of the different States, nor the States in their separate capacity, nor the Chief Magistrate, elected by the people, have any representation. Which is the most discreet disposition of the power? I do not ask you, fellow-citizens, which is the constitutional disposition—that instrument speaks a language not to be misunderstood. But if you were assembled in general convention, which would you think the safest depository of this discretionary power, in the last resort? Would you add a clause, giving it to each of the States; or would you sanction the wise provisions already made by your Constitution? If this should be the result of your deliberations, when providing for the future, are you—can you be—ready to risk all that we hold dear, to establish, for a temporary and a local purpose, that which you must acknowledge to be destructive, and even absurd, as a general provision? Carry out the consequences of this right vested in the different States, and you must perceive that the crisis your conduct presents at this day, would recur whenever any law of the United States displeased any of the States, and that we should soon cease to be a nation.

The ordinance, with the same knowledge of the future that characterizes a former objection, tells you that the proceeds of the tax will be unconstitutionally applied. If this could be ascertained with certainty, the objection would, with more propriety, be reserved for the law so applying the proceeds, but surely cannot be urged against the laws levying the duty.

These are the allegations contained in the ordinance. Examine them seriously, my fellow-citizens—judge for yourselves. I appeal to you to determine whether they are so clear, so convincing, as to leave no doubt of their correctness: and even if you should come to this conclusion, how far they justify the reckless, destructive course, which you are directed to pursue. Review these objections, and the conclusions drawn from them, once more. What are they? Every law, then, for raising revenue, according to the South Carolina ordinance, may be rightfully annulled, unless it be so framed as no law ever will or can be framed. Congress have a right to pass laws for raising revenue, and each State has a right to oppose their execution—two rights directly opposed to each other; and yet is this absurdity supposed to be contained in an instrument drawn for the express purpose of avoiding collisions between the States and the General Government, by an assembly of the most enlightened statesmen and purest patriots ever embodied for a similar purpose.

In vain have these sages declared that Congress shall have power to lay and collect taxes, duties, imposts, and excises—in vain have they provided that they shall have power to pass laws which shall be necessary and proper to carry those powers into execution; that those laws and that Constitution shall be the "supreme law of the land; and that the judges in every State shall be bound thereby, any thing in the constitution or laws of any State to the contrary notwithstanding." In vain have the people of the several States solemnly sanctioned these provisions, made them their paramount law, and individually sworn to support them whenever they were called on to execute any office. Vain provisions! ineffectual restrictions! vile profanation of oaths! miserable mockery of legislation! If a bare majority of the voters in any one State may, on a real or supposed knowledge of the intent with which a law has been passed, declare themselves free from its operation—say here it gives too little, there too much, and operates unequally—here it suffers articles to be free that ought to be taxed, there it taxes those that ought to be free—in this case the proceeds are intended to be applied to purposes which we do not approve—in that the amount raised is more than is wanted. Congress, it is true, are invested by the Constitution with the right of deciding these questions according to their sound discretion. Congress is composed of the representatives of all the States and of all the people of all the States; but we, part of the people of one State, to whom the Constitution has given no power on the subject, from whom it has expressly taken it away—we, who have solemnly agreed that this Constitution shall be our law—we, most of whom have sworn to support it—we, now abrogate this law, and swear, and force others to swear, that it shall not be obeyed—and we do this, not because Congress have no right to pass such laws; this we do not allege; but because they have passed them with improper views. They are unconstitutional from the motives of those who passed them, which we can never with certainty know, from their unequal operation; although it is impossible from the nature of things that they should be equal—and from the disposition which we presume may be made of their proceeds, although that disposition has not been declared. This is the plain meaning of the ordinance in relation to laws which it abrogates for alleged unconstitutionality. But it does not stop there. It repeals, in express terms, an important part of the Constitution itself, and of laws passed to give it effect, which have never been alleged to be unconstitutional. The Constitution declares that the judicial powers of the United States extend to cases arising under the laws of the United States, and that such laws, the Constitution and treaties shall be paramount to the State constitutions and laws. The judiciary act prescribes the mode by which the case may be brought before a court of the United States, by appeal, when a State tribunal shall decide against this provision of the Constitution. The ordinance declares there shall be no appeal; makes the State law paramount to the Constitution and laws of the United States; forces judges and jurors to swear that they will disregard their provisions; and even makes it penal in a suitor to attempt relief by appeal. It further declares that it shall not be lawful for the authorities of the United States, or of that State, to enforce the payment of duties imposed by the revenue laws within its limits.

Here is a law of the United States, not even pretended to be unconstitutional, repealed by the authority of a small majority of the voters of a single State. Here is a provision of the Constitution which is solemnly abrogated by the same authority.

On such expositions and reasonings, the ordinance grounds not only an assertion of the right to annul the laws of which it complains, but to enforce it by a threat of seceding from the Union, if any attempt is made to execute them.

This right to secede is deduced from the nature of the Constitution, which, they say, is a compact between 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, and finds advocates in the honest prejudices of those who have not studied the nature of our government sufficiently to see the radical error on which it rests.

The people of the United States formed the Constitution, acting through the State Legislatures in making the compact, to meet and discuss its provisions, and acting in separate conventions when they ratified those provisions; but the terms used in its construction, show it to be a government in which the people of all the States collectively are represented. We are ONE PEOPLE in the choice of the President and Vice President. Here the States have no other agency than to direct the mode in which the votes shall be given. The candidates having the majority of all the votes, are chosen. The electors of a majority of States may have given their votes for one candidate, and yet another may be chosen. The People, then, and not the States, are represented in the executive branch.

In the House of Representatives there is this difference, that the people of one State do not, as in the case of President and Vice President, all vote for the same officers. The people of all the States do not vote for all the members, each State electing only its own representatives. But this creates no material distinction. When chosen, they are all representatives of the United States, not representatives of the particular State from which they come. They are paid by the United States, not by the State; nor are they accountable to it for any act done in the performance of their legislative functions; and, however they may in practice, as it is their duty to do, consult and prefer the interests of their particular constituents when they come in conflict with any other partial or local interest, yet it is their first and highest duty, as representatives of the United States, to promote the general good.

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 represented, which operates directly on the people individually, not upon the States: they 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 period possess any right to secede, because such secession 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 at pleasure secede from the Union, is to say that the United States are not a nation; because it would be a solecism to contend that any part of a nation might dissolve its connexion with the other parts, to their injury or ruin, 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 penalties consequent on a failure.

Because the Union was formed by a 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 binding obligation. It may, by its terms, have a sanction or penalty for its breach, or it may not. If it contains no sanction, it may be broken with no other consequence than moral guilt: if it have a sanction, then the breach incurs the designated or implied penalty. A league between independent nations, generally, has no sanction other than a moral one; or, if it should contain a penalty, as there is no common superior, it cannot be enforced. A government, on the contrary, always has a sanction, expressed or implied; and, in our case, it is both necessarily implied and expressly given. An attempt by force of arms to destroy a government, is an offence, by whatever means the constitutional compact may have been formed; and such government has the right, by the law of self defence, to pass acts for punishing the offender, unless that right is modified, restrained, or resumed, by the constitutional act. In our system, although it is modified in the case of treason, yet authority is expressly given to pass all laws necessary to carry its powers into effect, and under this grant provision has been made for punishing acts which obstruct the due administration of the laws.

It would seem superfluous to add any thing to show the nature of that union which connects us; but as erroneous opinions on this subject are the foundation of doctrines the most destructive to our peace, I must give some further development to my views on this subject. No one, fellow-citizens, has a higher reverence for the reserved rights of the States, than the magistrate who now addresses you. No one would make greater personal sacrifices, or official exertions, to defend them from violation; but equal care must be taken to prevent on their part an improper interference with, or resumption of, the rights they have vested in the nation. The line has not been so distinctly drawn as to avoid doubts in some cases of the exercise of power. Men of the best intentions and soundest views may differ in their construction of some parts of the Constitution: but there are others on which dispassionate reflection can leave no doubt. Of this nature appears to be the assumed right of secession. It rests, as we have seen, on the alleged, undivided sovereignty of the States, and on their having formed in this sovereign capacity a compact which is called the Constitution, from which, because they made it, they have the right to secede. Both of these positions are erroneous, and some of the arguments to prove them so have been anticipated.

The States severally have not retained their entire sovereignty. It has been shown that in becoming parts of a nation, not members of a league, they surrendered many of their essential parts of sovereignty. The right to make treaties, declare war, levy taxes, exercise exclusive judicial and legislative powers, were all of them functions of sovereign power. The States, then, for all these 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 it vested in Congress. This last position has not been, and cannot be denied. How then can that State be said to be sovereign and independent, whose citizens owe obedience to laws not made by it, and whose magistrates are sworn to disregard those laws, when they come in conflict with those passed by another? What shows conclusively that the States cannot be said to have reserved an undivided sovereignty, is, that they expressly ceded the right to punish treason—not treason against their separate power—but treason against the United States. Treason is an offence against sovereignty, and sovereignty must reside with the power to punish it. But the reserved rights of the States are not less sacred, because they have for their common interest made the General Government the depository of these powers. The unity of our political character (as has been shown for another purpose) commenced with its very existence. Under the royal government, we had no separate character our opposition to its oppression began as UNITED COLONIES. We were the UNITED STATES under the confederation, and the name was perpetuated, and the union rendered more perfect, by the Federal Constitution. In none of these stages did we consider ourselves in any other light than as forming one nation. Treaties and alliances were made in the name of all. Troops were raised for the joint defence. How, then, with all these proofs, that under all changes of our position we had, for designated purposes and with defined powers, created national governments—how is it, that the most perfect of those several modes of union should now be considered as a mere league, that may be dissolved at pleasure? It is from an abuse of terms. Compact is used as synonymous with league, although the true term is not employed, because it would at once show the fallacy of the reasoning. It would not do to say that our Constitution was only a league; but, it is labored to prove it a compact, (which in one sense it is,) and then to argue that as a league is a compact, every compact between nations must of course be a league, and that from such an engagement every sovereign power has a right to recede. But it has been shown, that in this sense the States are not sovereign, and that even if they were, and the National Constitution had been formed by compact, there would be no right in any one State to exonerate itself from its obligations.

So obvious are the reasons which forbid this secession, that it is necessary only to allude to them. The Union was formed for the benefit of all. It was produced by mutual sacrifices of interests and opinions. Can those sacrifices be recalled? Can the States who magnanimously surrendered their title to the territories of the west, recall the grant? Will the inhabitants of the inland States agree to pay the duties that may be imposed without their assent by those on the Atlantic or the Gulf, for their own benefit? Shall there be a free port in one State, and onerous duties in another? No one believes that any right exists in a single State to involve all the others in these and countless other evils, contrary to the engagements solemnly made. Every one must see that the other States, in self-defence, must oppose at all hazards.

These are the alternatives that are presented by the Convention: a repeal of all the acts for raising revenue, leaving the government without the means of support; or an acquiescence in the dissolution of the Union by the secession of one of its members. When the first was proposed, it was known that it could not be listened to for a moment. It was known if force was applied to oppose the execution of the laws, that it must be repelled by force—that Congress could not, without involving itself in disgrace, and the country in ruin, accede to the proposition; and yet, if this is not done in a given day, or if any attempt is made to execute the laws, the State is, by the ordinance, declared to be out of the Union. The majority of a convention assembled for the purpose have dictated these terms, or rather this rejection of all terms, in the name of the people of South Carolina, It is true that the Governor of the State speaks of the submission of their grievances to a convention of all the States; which, he says, they "sincerely and anxiously seek and desire." Yet this obvious and constitutional mode of obtaining the sense of the other States on the construction of the federal compact, and amending it, if necessary, has never been attempted by those who have urged the State on this destructive measure. The State might have proposed the call for a general convention to the other States; and Congress, if a sufficient number of them concurred, must have called it. But the first magistrate of South Carolina, when he expressed a hope that, "on a review by Congress and the functionaries of the General Government of the merits of the controversy," such a convention will be accorded to them, must have known that neither Congress nor any functionary of the General Government has authority to call such a convention, unless it be demanded by two-thirds of the States. This suggestion, then, is another instance of the reckless inattention to the provisions of the Constitution with which this crisis has been madly hurried on; or of the attempt to persuade the people that a constitutional remedy had been sought and refused. If the Legislature of South Carolina "anxiously desire" a general convention to consider their complaints, why have they not made application for it in the way the Constitution points out? The assertion that they "earnestly seek" it, is completely negatived by the omission.

This, then, is the position in which we stand. A small majority of the citizens of one State in the Union have elected delegates to a State convention: that convention has ordained that all the revenue, laws of the United States, must be repealed, or that they are no longer a member of the Union. The Governor of that State has recommended to the Legislature the raising of an army to carry the secession into effect, and that he may be empowered to give clearances to vessels in the name of the State. No act of violent opposition to the laws has yet been committed, but such a state of things is hourly apprehended, and it is the intent of this instrument to PROCLAIM not only that the duty imposed on me by the Constitution "to take care that the laws be faithfully executed," shall be performed to the extent of the powers already vested in me by law, or of such other as the wisdom of Congress shall devise and entrust to me for that purpose; but to warn the citizens of South Carolina, who have been deluded into an opposition to the laws, of the danger they will incur by obedience to the illegal and disorganizing ordinance of the convention—to exhort those who have refused to support it to persevere in their determination to uphold the Constitution and laws of their country, and to point out to all, the perilous situation in which the good people of that State have been led—and that the course they are urged to pursue is one of ruin and disgrace to the very State whose rights they affect to support.

Fellow-citizens of my native State!—Let me not only admonish you, as the first magistrate of our common country, not to incur the penalty of its laws, but use the influence that a father would over his children, whom he saw rushing to certain ruin. In that paternal language, with that paternal feeling, let me tell you, my countrymen, that you are deluded by men who are either deceived themselves, or wish to deceive you, Mark under what pretences you have been led on to the brink of insurrection and treason, on which you stand! First, a diminution of the value of your staple commodity, lowered by over production in other quarters, and the consequent diminution in the value of your lands, were the sole effect of the tariff laws. The effect of those laws are confessedly injurious, but the evil was greatly exaggerated by the unfounded theory you were taught to believe, that its burdens were in proportion to your exports, not to your consumption of imported articles. Your pride was roused by the assertion that a submission to those laws was a state of vassalage, and that resistance to them was equal, in patriotic merit, to the opposition our fathers offered to the oppressive laws of Great Britain. You were told that this opposition might be peaceably—might be constitutionally made—that you might enjoy all the advantages of the Union and bear none of its burdens.

Eloquent appeals to your passions, to your state pride, to your native courage, to your sense of real injury, were used to prepare you for the period when the mask which concealed the hideous features of DISUNION should be taken off, It fell, and you were made to look with complacency on objects which, not long since, you would have regarded with horror. Look back at the arts which have brought you to this state—look forward to the consequences to which it must inevitably lead. Look back to what was first told you, as an inducement to enter into this dangerous course. The great political truth was repeated to you, that you had the revolutionary right of resisting all laws that were palpably unconstitutional, and intolerably oppressive—it was added that the right to nullify a law rested on the same principle, but that it was a peaceable remedy! This character which was given to it, made you receive, with too much confidence, the assertions that were made of the unconstitutionality of the law, and its oppressive effects. Mark, my fellow-citizens, that, by the admission of your leaders, the unconstitutionality must be palpable, or it will not justify either resistance or nullification! What is the meaning of the word palpable, in the sense in which it is here used?—that which is apparent to every one; that which no man of ordinary intellect will fail to perceive. Is the unconstitutionality of these laws of that description? Let those among your leaders who once approved and advocated the principle of protective duties, answer the question; and let them choose whether they will be considered as incapable, then, of perceiving that which must have been apparent to every man of common understanding, or as imposing upon your confidence, and endeavoring to mislead you now.

In either case, they are unsafe guides in the perilous path they urge you to tread. Ponder well on this circumstance, and you will know how to appreciate the exaggerated language they address to you. They are not champions of liberty, emulating the fame of our revolutionary fathers; nor are you an oppressed people, contending, as they repeat to you, against worse than colonial vassalage. You are free members of a flourishing and happy Union. There is no settled design to oppress you. You have indeed felt the unequal operation of laws which may have been unwisely, not unconstitutionally passed: but that inequality must necessarily be removed. At the very moment when you were madly urged on the unfortunate course you have begun, a change in public opinion had commenced. The nearly approaching payment of the public debt, and the consequent necessity of a diminution of duties, had already produced a considerable reduction, and that too on some articles of general consumption in your State. The importance of this change was understood, and you were authoritatively told, that no further alleviation of their burdens was to be expected, at the very time when the condition of the country imperiously demanded such a modification of the duties, as should reduce them to a just and equitable scale. But, as if apprehensive of the effect of this change, in allaying your discontents, you were precipitated into the fearful state in which you now find yourselves.

I have urged you to look back to the means that were used to hurry you on to the position you have now assumed; and forward to the consequences it will produce. Something more is necessary. Contemplate the condition of that country of which you still form an important part! Consider its government, uniting in one bond of common interests and general protection, so many different States; giving to all their inhabitants the proud title of AMERICAN CITIZENS; protecting their commerce, securing their literature and their arts, facilitating their intercommunication, defending their frontiers, and making their name respected in the remotest parts of the earth! Consider the extent of its territory, its increasing and happy population, its advance in arts, which render life agreeable, and the sciences, which elevate the mind! See education spreading the lights of religion, humanity, and general information into every cottage in the wide extent of our Territories and States! Behold it as the asylum where the wretched and the oppressed find a refuge and a support! Look on this picture of happiness and honor, and say WE, TOO, ARE CITIZENS OF AMERICA; Carolina is one of these proud States: her arms have defended, her best blood has cemented this happy Union! And then add, if you can, without horror and remorse, this happy Union we will dissolve this picture of peace and prosperity we will deface this free intercourse we will interrupt—these fertile fields we will deluge with blood—the protection of that glorious flag we renounce—the very names of Americans we discard. 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 a 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 day suffering some new revolution or contending with some new insurrection—do they excite your envy? But the dictates of a high duty oblige me solemnly to announce, 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 execution, 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? If you are, on the heads of the instigators of the act be the dreadful consequences—on their heads be the dishonor, but on yours may fall the punishment—on your unhappy State will inevitably fall all the evils of the conflict you force upon the government of your country. It cannot accede to the mad project of disunion of which you would be the first victims—its first magistrate cannot, if he would, avoid the performance of his duty—the consequence must be fearful for you, distressing to your fellow-citizens here, and to the friends of good government throughout the world. Its enemies have beheld our prosperity with a vexation they could not conceal—it was a standing refutation of their slavish doctrines, and they will point to our discord with the triumph of malignant joy. It is yet in your power to disappoint them. There is yet time to show that the descendants of the Pinckneys, the Sumpters, the Rutledges, and of the thousand other names which adorn the pages of your revolutionary history, will not abandon that Union, to support which so many of them fought and bled and died. I adjure you, as you honor their memory as you love the cause of freedom, to which they dedicated their lives—as you prize the peace of your country, the lives of its best citizens, and your own fair fame, to retrace your steps. Snatch from the archives of your State the disorganizing edict of its convention—bid its members to re-assemble and promulgate the decided expressions of your will to remain in the path which alone can conduct you to safety, prosperity and honor—tell them that, compared to disunion, all other evils are light, because that brings with it an accumulation of all—declare that you will never take the field unless the star spangled banner of your country shall float over you that you will not be stigmatized when dead, and dishonored and scorned while you live, as the authors of the first attack on the Constitution of your country! Its destroyers you cannot be. You may disturb its peace—you may interrupt the course of its prosperity—you may cloud its reputation for stability—but its tranquility will be restored, its prosperity will return, and the stain upon its national character will be transferred, and remain an eternal blot on the memory of those who caused the disorder.

Fellow-citizens of the United States! The threat of unhallowed disunion the names of those, once respected, by whom it is uttered—the array of military force to support it—denote the approach of a crisis in our affairs on which the continuance of our unexampled prosperity, our political existence, and perhaps that of all free governments, may depend. The conjunction demanded a free, a full, and explicit enunciation, not only of my intentions but of my principles of action; and as the claim was asserted of a right by a State to annul the laws of the Union and even to secede from it at pleasure, a frank exposition of my opinions in relation to the origin and form of our government, and the construction I give to the instrument by which it was created, seemed to be proper. Having the fullest confidence in the justness of the legal and constitutional opinion of my duties which has been expressed, I rely with equal confidence on your undivided support in my determination to execute the laws—to preserve the Union by all constitutional means—to arrest, if possible, by moderate but firm measures, the necessity of a recourse to force; and, if it be the will of Heaven that the recurrence of its primeval curse on man for the shedding of a brother's blood should fall upon our land, that it be not called down by any offensive act on the part of the United States.

Fellow citizens! The momentous case is before you. On your undivided support of your government depends the decision of the great question it involves, whether your sacred Union will be preserved, and the blessings it se cures to us as one people shall be perpetuated. No one can doubt that the unanimity with which that decision will be expressed, will be such as to inspire new confidence in republican institutions, and that the prudence, the wisdom and the courage which it will bring to their defence, will transmit them unimpaired and invigorated to our children.

May the Great Ruler of nations grant that the signal blessings with which He has favored ours, may not, by the madness of party or personal ambition, be disregarded and lost: and may His wise Providence bring those who have produced this crisis, to see the folly, before they feel the misery of civil strife: and inspire a returning veneration for that Union which, if we may dare to penetrate His designs, He has chosen as the only means of attaining the high destinies to which we may reasonably aspire.

In testimony whereof, I have caused the seal of the United States to be hereunto affixed, having signed the same with my hand.

Done at the city of Washington this 10th day of December, in the year of our Lord, one thousand eight hundred and thirty-two, and of the Independence of the United States the fifty-seventh.

ANDREW JACKSON.
By the President:
        EDW. LIVINGSTON, Secretary of State.

SOURCES: Jonathan Phillips, Editor, Messages of the Presidents of the United States, from the Formation of the General Government, Down to the Close of the Administration of President Van Buren; Concluding with the Inaugural Address of President William H. Harrison, p. 499-512; The Statutes at Large and Treaties, of the United States of America, From December 3, 1855 to March 3, 1859, and Proclamations since 1791, Volume 11 (1856-1857), 34th and 35th Congress. U.S. Statutes at Large, Volume 11 (1856-1857), p. 771-81

 

Thursday, May 11, 2023

Diary of Gideon Welles: Saturday, December 30, 1865

The closing-up of the year, an eventful one. A review of it from my standpoint would be interesting in many respects, and, should God grant me length of days and mental and physical strength, I shall be glad to present my views when my official days have terminated. Senator Dixon called this morning, and we had a long and frank talk. I approved of his course in the Senate, and his reply to Sumner. He is evidently prepared for a breach in the party, and I think desires it. While I do not desire it, I do not deprecate it if the counsels of Sumner, Stevens, and the extreme Radicals are insisted upon and the only alternative. His principal inquiry was as to the course our friends in Connecticut would pursue in case of a breach of the party. I told him I thought they would be disposed to stand by the Administration, yet at the first go-off the Radical element might have the ascendancy in the State convention, which would assemble in about a month. But before that time the lines would probably be drawn. The organization or party machinery will control most of the party, irrespective of the merits of the questions in issue.

I gave Colston, Semmes's son-in-law, a pass to visit him to-day, and take the papers and the report of Winslow to him. Had a conversation with Dr. Lieber, who was at my house yesterday, respecting Semmes's offenses. The Doctor has no question on that point, and thinks Lee and the whole of his army liable for treason, notwithstanding Grant's terms. Advised Solicitor Bolles to call on Dr. L. Bolles thinks the trial of Semmes should be by a military or naval commission instead of by court martial.

The President sends a singular paper for a new trial of Captain Meade, who has already been tried and is under sentence of court martial. I know not how he can be again tried for the same offense, unless he himself petitions for it.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 407

Saturday, January 1, 2022

Diary of Private Daniel L. Ambrose: Tuesday, May 5, 1863

To-day northern papers are received containing Burnside's General order No. 38, for the benefit of Ohio's devilish democracy. We deem it a good cure for treason and traitors, and we all hope that it will be enforced to the letter, and that the leading light of modern democracy, C. L. Vallandigham, will become a victim to its force. All hail, Burnside! as the honest general who dares to do right—who dares to prosecute the war with an earnest determination—who dares to punish traitors in the north! They may tell us the war is a failure—that the great Union is declining—that the gallant dead have died in vain—that they have closed their eyes in death, dishonored men; they may say, as has been said by Miller, in the Illinois Legislative chamber, that the time will come when the surviving Union soldier will be ashamed to hold up his head and say he took a part in the war for the Union, but we catch the spirit of prophecy and say that the time will come when modern democracy as a party will be branded as a gigantic liar-that the time will come when the children of the soldiers and sailors who battled on land and sea for the republican idea, will, in the language of Grace Greenwood, date their rights to nobility back to grander battlefields than Agincourt or Bannockburn. Many a coat of arms in the future will have one sleeve hanging empty. We may picture to ourselves a group of noble young lads, some ten years hence, thus proudly accounting for their orphanage—an orphanage which the country should see to it should not become destitue. Says one, my father fell fighting with Wallace in the Wilderness of Shiloh, says another, my father fought with Hooker, when his guns flashed flame in midnight darkness over Lookout Mountain; another, my father suffered martyrdom in Libby Prison; and another, my father was rocked to sleep beneath the waves in the iron cradle of the monitor. Then there will be hapless lads who will steal away and in the bitterness of soul will say, alas, for me! I have no such gloryings; my father was a rebel who fought against the flag of the Union; and there will be another class still more unfortunate, who will utter the pitying wail, oh! my God, help me! my father was a cowardly northern copperhead, who denounced the defenders of the Union as hirelings and vandals. Yes, and the time will come when the record of modern democracy in these years of war will be sought to be buried and consigned to the "dead past,” when this treasonable faction will pander to those men who saved the Union when they sought its life. They will feign to drop tears over the graves of those they murdered, and utter hypocritical words of sympathy to the widows and orphans whom they insulted when the Republic was passing through the long night of war. Soldiers of the Union, mark the prophecy.

The following extract from a communication written by a soldier of the Seventh, may not be inappropriate to these pages:

To-day we were shown a letter from one of the lights of modern democracy in Logan County, urging a soldier to desert the hireling abolition army, and not disgrace his friends any longer, telling him that the war was a failure, and for him to return to the house of his friends. The reply was made, “I am a man, and no consideration offered by modern democracy can tempt me to desert the banner of freedom. What! disgrace my friends! I to-day disown all who would, like you, urge me to barter away my manhood. You tell me the war is a failure; you evidently base your judgment upon its prolongation. This does not discourage me; I remember that it took eight years to establish the first independence, but what would twenty years be in permanently establishing a government that may in time revolutionize the civilized world? When you and your traitor friends, conscience stricken and seared with crime and sin, shall, as an apt illustration of latter-day so-called democracy, go down to the grave, over your head should be written, 'Here sleeps a modern democrat; and may the winds of heaven never kiss his solitary abode, nor the worms feed upon that flesh that will in all coming time be the scorn and derision of mankind; may he not be permitted to come forth in the resurrection morning, but may he sleep on, unmourned and forgotten forever.' In [conclusion], I would urge loyal men everywhere not to listen to the clamor for peace and compromise, for that means a withdrawal of the Union armies and to give up the struggle and acknowledge the independence of the south. From the commencement of the war up to the present time, we, the soldiers of Illinois, have helped to fight the great battles for the Union—we have seen our comrades bleed and die-we have trod in their heart's blood-have passed through many sleepless nights, watching and waiting, but the war still lingers on, the south with its wild legions still struggles for dominion, and yet while shouts of victory ascend from crimson battle-fields, designing men would have us compromise, would have us concede to the murderers and assassins. Shall we do it? The loyal people say no; a voice from every battle field, and from the waters where moved the men of war, cries no. But may a morning with a conquered peace soon dawn, when we can behold our flag floating over every sea, the pride of a victorious people and the envy of the world.

SOURCE: Daniel Leib Ambrose, History of the Seventh Regiment Illinois Volunteer Infantry, p. 159-65

Wednesday, May 27, 2020

Proclamation of Abraham Lincoln, December 8, 1863

By the President of the United States of America:

A PROCLAMATION.

Whereas, in and by the Constitution of the United States it is provided that the President “shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment;” and

Whereas, a rebellion now exists, whereby the loyal State governments of several States have for a long time been subverted and many persons have committed and are now guilty of treason against the United States; and

Whereas, with reference to said rebellion and treason laws have been enacted by Congress declaring forfeitures and confiscations of property and liberation of slaves, all upon terms and conditions therein stated, and also declaring that the President was thereby authorized at any time thereafter, by proclamation, to extend to persons who may have participated in the existing rebellion, in any State or part thereof, pardon and amnesty, with such exceptions and at such times and on such conditions as he may deem expedient for the public welfare; and

Whereas, the Congressional declaration for limited and conditional pardon accords with the well-established judicial exposition of the pardoning power; and

Whereas, with reference to said rebellion the President of the United States has issued several proclamations with provisions in regard to the liberation of slaves; and

Whereas, it is now desired by some persons heretofore engaged in said rebellion to resume their allegiance to the United States and to reinaugurate loyal State governments within and for their respective States: Therefore,

I, Abraham Lincoln, President of the United States, do proclaim, declare, and make known to all persons who have, directly or by implication, participated in the existing rebellion, except as hereinafter excepted, that a full pardon is hereby granted to them and each of them, with restoration of all rights of property, except as to slaves, and in property cases where rights of third parties shall have intervened, and upon the condition that every such person shall take and subscribe an oath, and thenceforward keep and maintain said oath inviolate; and which oath shall be registered for permanent preservation and shall be of the tenor and effect following, to wit:

"I, —— ——, do solemnly swear, in presence of Almighty God, that I will henceforth faithfully support, protect, and defend the Constitution of the United States and the union of the States thereunder, and that I will, in like manner, abide by and faithfully support all acts of Congress passed during the existing rebellion with reference to slaves, so long and so far as not repealed, modified, or held void by Congress, or by decision of the Supreme Court, and that I will, in like manner, abide by and faithfully support all proclamations of the President made during the existing rebellion having reference to slaves, so long and so far as not modified or declared void by decision of the Supreme Court. So help me God."

The persons excepted from the benefits of the foregoing provisions are all who are, or shall have been, civil or diplomatic officers or agents of the so-called Confederate Government; all who have left judicial stations under the United States to aid the rebellion; all who are, or shall have been, military or naval officers of said so-called Confederate Government above the rank of colonel in the Army or of lieutenant in the Navy; all who left seats in the U.S. Congress to aid the rebellion; all who resigned commissions in the Army or Navy of the United States and afterward aided the rebellion, and all who have engaged in any way in treating colored persons, or white persons in charge of such, otherwise than lawfully as prisoners of war, and which persons may have been found in the U.S. service as soldiers, seamen, or in any other capacity.

And I do further proclaim, declare, and make known that whenever, in any of the States of Arkansas, Texas, Louisiana, Mississippi, Tennessee, Alabama, Georgia, Florida, South Carolina, and North Carolina, a number of persons not less than one-tenth in number of the votes cast in such State at the Presidential election of the year of our Lord one thousand eight hundred and sixty, each having taken the oath aforesaid and not having since violated it, and being a qualified voter by the election law of the State existing immediately before the so-called act of secession, and excluding all others, shall re-establish a State government which shall be republican and in nowise contravening said oath, such shall be recognized as the true government of the State, and the State shall receive thereunder the benefits of the constitutional provision which declares that: “The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and on application of the Legislature, or the Executive (when the Legislature cannot be convened) against domestic violence.”

And I do further proclaim, declare, and make known that any provision which may be adopted by such State government in relation to the freed people of such State, which shall recognize and declare their permanent freedom, provide for their education, and which may yet be consistent as a temporary arrangement with their present condition, as a laboring, landless, and homeless class, will not be objected to by the national Executive.

And it is suggested as not improper that, in constructing a loyal State government in any State, the name of the State, the boundary, the subdivisions, the constitution, and the general code of laws, as before the rebellion, be maintained, subject only to the modifications made necessary by the conditions hereinbefore stated, and such others, if any, not contravening said conditions, and which may be deemed expedient by those framing the nosy State government.

To avoid misunderstanding, it may be proper to say that this proclamation, so far as it relates to State governments, has no reference to States wherein loyal State governments have all the while been maintained. And for the same reason it may be proper to further say, that whether members sent to Congress from any State shall be admitted to seats constitutionally rests exclusively with the respective Houses, and not to any extent with the Executive, and still further, that this proclamation is intended to present the people of the States wherein the national authority has been suspended, and loyal State governments have been subverted, a mode in and by which the national authority and loyal State governments may be re-established within said States or in any of them; and while the mode presented is the best the Executive can suggest, with his present impressions, it must not be understood that no other possible mode would be acceptable.

Given under my hand at the city of Washington, the 8th day of December, A.D. 1863, and of the Independence of the United States of America the eighty-eighth.

ABRAHAM LINCOLN.
By the President:
WILLIAM H. SEWARD,                 
Secretary of State.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series II, Volume 6 (Serial No. 119), p. 680-2

Thursday, May 21, 2020

Proclamation of Major-General Nathaniel P. Banks, January 11, 1864

PROCLAMATION.

HEADQUARTERS DEPARTMENT OF THE GULF,                  
New Orleans, January 11, 1864.
 TO THE PEOPLE OF LOUISIANA:

I. In pursuance of authority vested in me by the President of the United States, and upon consultation with many representative men of different interests, being fully assured that more than a tenth of the population desire the earliest possible restoration of Louisiana to the Union, I invite the loyal citizens of the State qualified to vote in public affairs, as hereinafter prescribed, to assemble in the election precincts designated by law, or at such places as may hereafter be established, on the 22d day of February, 1864, to cast their votes for the election of State officers herein named, viz: Governor, lieutenant-governor, secretary of state, treasurer, attorney-general, superintendent of public instruction, auditor of public accounts, who shall, when elected, for the time being, and until others are appointed by competent authority, constitute the civil government of the State, under the constitution and laws of Louisiana, except so much of the said constitution and laws as recognize, regulate, or relate to slavery, which, being inconsistent with the present condition of public affairs and plainly inapplicable to any class of persons now existing within its limits, must be suspended, and they are therefore and hereby declared to be inoperative and void. This proceeding is not intended to ignore the right of property existing prior to the rebellion, nor to preclude the claim for compensation of loyal citizens for losses sustained by enlistments or other authorized acts of the Government.

II. The oath of allegiance prescribed by the President's proclamation, with the condition affixed to the elective franchise by the constitution of Louisiana, will constitute the qualification of voters in this election. Officers elected by them will be duly installed in their offices on the 4th day of March, 1864.

III. The registration of voters, effected under the direction of the Military Governor and the several Union associations, not inconsistent with the proclamation, or other orders of the President, are confirmed and approved.

IV. In order that the organic law of the State may be made to conform to the will of the people, and harmonize with the spirit of the age, as well as to maintain and preserve the ancient landmarks of civil and religious liberty, an election of delegates to a convention for the revision of the constitution will be held on the first Monday of April, 1864. The basis of representation, the number of delegates, and the details of election will be announced in subsequent orders.

V. Arrangements will be made for the early election of members of Congress for the State.

VI. The fundamental law of the State is martial law. It is competent and just for the Government to surrender to the people, at the earliest possible moment, so much of military power as may be consistent with the success of military operation; to prepare the way by prompt and wise measures for the full restoration of the State to the Union and its power to the people; to restore their ancient and unsurpassed prosperity; to enlarge the scope of agricultural and commercial industry, and to extend and confirm the dominion of rational liberty. It is not within human power to accomplish these results without some sacrifice of individual prejudices and interests. Problems of state too complicate for the human mind have been solved by the national cannon. In great civil convulsions the agony of strife enters the souls of the innocent as well as the guilty. The Government is subject to the law of necessity, and must consult the condition of things rather than the preferences of men, and if so be that its purposes are just and its measures wise, it has the right to demand that questions of personal interest and opinion shall be subordinate to the public good. When the national existence is at stake and the liberties of the people in peril, faction is treason.

The methods herein proposed submit the whole question of government directly to the people. First, by the election of executive officers faithful to the Union, to be followed by a loyal representation in both Houses of Congress, and then by a convention which will confirm the action of the people and recognize the principles of freedom in the organic law. This is the wish of the President. The anniversary of Washington's birth is a fit day for the commencement of so grand a work. The immortal Father of his Country was never guided by a more just and benignant spirit than that of his successor in office, the President of the United States. In the hour of our trial let us heed his admonitions.

Louisiana in the opening of her history sealed the integrity of the Union by conferring upon its Government the Valley of the Mississippi. In the war for independence upon the sea she crowned a glorious struggle against the first maritime power of the world by a victory unsurpassed in the annals of war. Let her people now announce to the world the coming restoration of the Union, in which the ages that follow us have a deeper interest than our own, by the organization of a free government, and her fame will be immortal.

N. P. BANKS,                       
Major-General, Commanding.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series III, Volume 4 (Serial No. 125), p. 22-3

Saturday, September 7, 2019

Gerrit Smith: Destroy Not Man's Faith In Man!, June 12, 1862

DESTROY NOT MAN'S FAITH IN MAN!
ACCEPT THE RIGHT MAN, WHICHEVER PARTY NOMINATES HIM!

A people are demoralized by being trained to the ready entertainment of charges of corruption against those, whom they select to be their rulers, teachers and exemplars. For, when they can easily suspect such ones of baseness and crime, their faith in man is destroyed. It scarcely need be added that, when they have no longer faith in man, they will be quick to acquiesce in the application of a very low standard of morality to their leaders, and a still lower one to themselves. I say a still lower one, inasmuch as they will, naturally, expect a less degree of moral worth in the masses than in the individual, who is, here and there, selected from the masses on account of his superior wisdom and virtue. How much better it would be to persuade the people that it is their duty to hold sacred the reputation of those, whom they elevate to posts of honor! For how much more like would they, then, be to elevate those only, whose reputation is worthy to be held sacred! Moreover, what could be more elevating to themselves than such carefulness in selecting their guides and representatives!

I have been led to make these remarks by seeing the recent calumnious and contemptuous treatment of the Chief Justice and such Senators as Mr. Fessenden and Mr. Trumbull. The flood-gates of defamation were opened upon Mr. Fessenden and Mr. Trumbull, because they voted for the acquittal of the President. I wish they had voted for his conviction. For, although I had not, previously, taken much interest in the proposition to impeach him, nevertheless, after reading those parts of his last Annual Message in which he traduces the colored citizens of our country, I was quite willing to have him removed from office. Were Victoria to take such an outrageous liberty with the Irish or Scotch or Welsh, she would quickly be relieved of her crown. I do not forget that insulting the negro is an American usage. But not with impunity should the President of the whole American people insult, in his official capacity, any of the races, which make up that people — least of all the race, which is, already, the most deeply wronged of them all. This gross violation of the perfect impartiality, which should ever mark the administration of the President's high Office — this ineffable meanness of assailing the persecuted and weak, whom he might rather have consoled and cheered, should not have been overlooked, but should have been promptly and sternly rebuked. How petty the President's affair with Mr. Stanton, compared with his unrelenting wicked war upon these black millions, to whose magnanimous forgiveness of our measureless wrongs against them, and to whose brave help of our Cause we were so largely indebted for its success!

I said that I wish Mr. Fessenden and Mr. Trumbull had voted for the conviction of the President. Nevertheless, in the light of their life-long uprightness, I have not the least reason to doubt that they voted honestly. Nay, in the light of their eminent wisdom, I am bound to pause and inquire of my candid judgment whether they did not vote wisely as well as honestly.

This clamor against the Chief Justice was not, as is pretended, occasioned by his conduct in the Impeachment Trial. That this conduct was wise and impartial, scarcely one intelligent man can doubt. This clamor proceeded from the purpose of preventing his nomination to the Presidency. It is said that he desires to be President. But a desire for this high Office is not, necessarily, culpable. Instead of being prompted in all instances by selfishness, it may in some instances be born of a high patriotism and a disinterested philanthropy. For one, I should rejoice to see the Chief Justice in the Presidency; — and I say this, after a-many-years intimate acquaintance with him — after much personal observation of the workings of his head and heart. I, however, expect to vote for Grant and Colfax. I like them both; and, in the main, I like the platform on which they stand. Nevertheless, if contrary to my expectations, the Democrats shall have the wisdom to nominate the Chief Justice, and along with him a gentleman of similar views and spirit — a gentleman honest both toward the Nation's creditors and toward the negro — I shall prefer to vote for the Democratic Candidates. And why, in the case of such nomination by the Democrats, should not every Republican be willing, nay glad, to sustain the nomination? If the Democrats, at last sick and ashamed, as I have no doubt tens of thousands of them are, of ministering to the mean spirit of caste — prating for “a white man's government,” and defying the sentiment of the civilized world — shall give up their nonsense and wickedness, and nominate for office such men as Republicans have been eager to honor — how wanting in magnanimity and in devotion to truth, and how enslaved to Party, would Republicans show themselves to be, were they not to welcome this overture, and generously respond to these concessions!

By all means should the Republicans let, ay and help, the Democratic Party succeed at the coming Election, provided only that its candidates be the representatives of a real and righteous, instead of a cutaneous and spurious, Democracy. That success would bring to an end this too-long-continued War between Republicans and Democrats. That success would turn us all into Republicans and all into Democrats. The old and absorbing issues about Slavery and its incidents would, then, have passed away. The “everlasting negro,” having gained his rights, would then have sunk out of sight. Doubtless, new Parties would, ere long, be formed. But they would be formed with reference to new questions or, more generally, to old ones, which, by reason of the engrossing interest in the Slavery Battle, have been compelled to wait very long, and with very great detriment to the public weal, for their due share of the public attention.

And, then too, when the quarrel between the Republican and Democratic Parties had ended, Peace between the North and the South would speedily come. Hitherto, the Republican Party has been so anxious to keep a bad Party out of power, that it has not been in a mood to use or study all the means for producing Peace between the North and South. It should, immediately on the surrender of the South, have inculcated on the North the duty of penitently confessing her share of the responsibility for the War—a share as great as the South's, since the responsibility of the North for Slavery, out of which the War grew, was as great as the South's. Quickly would the South have followed this example of penitent confession. And, then, the two would have rivalled each other in expressions of mutual forgiveness and mutual love. Amongst these expressions would have been the avowal of the North to charge no one with Treason, and to open wide the door for the return of every exile, who had not, by some mean or murderous violation of the laws of war, shut himself out of the pale of humanity. And amongst these expressions would have been the joyful consent of the North to let fifty or a hundred millions go from the National Treasury toward helping her War-impoverished sister rise up out of her desolations. The heart of the South would, now, have been won; and she would have manifested the fact by tendering to the North a carte blanche — feeling no fear that there would be any designed injustice in the terms of “Reconstruction,” which her forgiving and generous foe should write upon it. Yes, there would, then, have been Peace between the North and the South — a true and loving and enduring Peace. Ashamed of their past, they would unitedly and cordially have entered upon the work of making a future for our country as innocent and as happy as that past had been guilty and sorrowful. It is not, now, too late to have, by such means, such a Peace. We should, surely, have it, were there to be, at the coming Election, that oneness between Republicans and Democrats, which good sense and good feeling call for.

Is it said that the money, which in loans or (preferably) gifts to the South, I ask to have used in effecting this Peace would make the Peace cost too much? I answer that it would be returned tenfold. The improvement in our National credit, resulting from such a Peace, would, very soon, enable our Government to borrow at an interest of four per cent. Comparatively small, then, would be our taxes, and, by the way, comparatively small, then, would be the temptation to cheat the Nation's creditors.

Peterboro JUNE 12 1868.
G. S.
Bottom of Form

SOURCES: Octavius Brooks Frothingham, Gerrit Smith: A Biography, p. 266-7; Smith, Gerrit. Destroy not man's faith in man! Accept the right man, whichever party nominates him! ... G. S. Peterboro. Peterboro, 1868. Pdf. https://www.loc.gov/item/rbpe.12703100/

Tuesday, July 10, 2018

John Brown’s Last Speech, November 2, 1859

I have, may it please the Court, a few words to say.

In the first place, I deny everything but what I have all along admitted, — the design on my part to free the slaves. I intended certainly to have made a clean thing of that matter, as I did last winter, when I went into Missouri and there took slaves without the snapping of a gun on either side, moved them through the country, and finally left them in Canada. I designed to have done the same thing again, on a larger scale.1 That was all I intended. I never did intend murder, or treason, or the destruction of property, or to excite or incite slaves to rebellion, or to make insurrection.

I have another objection: and that is, it is unjust that I should suffer such a penalty. Had I interfered in the manner which I admit, and which I admit has been fairly proved (for I admire the truthfulness and candor of the greater portion of the witnesses who have testified in this case), — had I so interfered in behalf of the rich, the powerful, the intelligent, the so-called great, or in behalf of any of their friends, — either father, mother, brother, sister, wife, or children, or any of that class, — and suffered and sacrificed what I have in this interference, it would have been all right; and every man in this court would have deemed it an act worthy of reward rather than punishment.

This court acknowledges, as I suppose, the validity of the law of God. I see a book kissed here which I suppose to be the Bible, or at least the New Testament. That teaches me that all things whatsoever I would that men should do to me, I should do even so to them. It teaches me, further, to “remember them that are in bonds, as bound with them.” I endeavored to act up to that instruction. I say, I am yet too young to understand that God is any respecter of persons. I believe that to have interfered as I have done — as I have always freely admitted I have done — in behalf of His despised poor, was not wrong, but right. Now, if it is deemed necessary that I should forfeit my life for the furtherance of the ends of justice, and mingle my blood further with the blood of my children and with the blood of millions in this slave country whose rights are disregarded by wicked, cruel, and unjust enactments, — I submit; so let it be done!

Let me say one word further.

I feel entirely satisfied with the treatment I have received on my trial. Considering all the circumstances, it has been more generous than I expected. But I feel no consciousness of guilt. I have stated from the first what was my intention, and what was not. I never had any design against the life of any person, nor any disposition to commit treason, or excite slaves to rebel, or make any general insurrection. I never encouraged any man to do so, but always discouraged any idea of that kind.

Let me say, also, a word in regard to the statements made by some of those connected with me. I hear it has been stated by some of them that I have induced them to join me. But the contrary is true. I do not say this to injure them, but as regretting their weakness. There is not one of them but joined me of his own accord, and the greater part of them at their own expense. A number of them I never saw, and never had a word of conversation with, till the day they came to me; and that was for the purpose I have stated.

Now I have done.
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1 In explanation of this passage, Brown three weeks afterward handed to Mr. Hunter this letter:

SOURCES: Franklin B. Sanborn, The Life and Letters of John Brown, p. 584-5