The American Union, its effect on national character and policy; with an inquiry into secession as a Constitutional Right, and the causes of the Disruption

Preface

TO THE FOURTH EDITION.

The interest of the subject examined in the following pages, has caused a demand for second and third editions, before the war had thrown any new light upon the arguments. I have also been desirous to defer the ta'sk of revision, in order to benefit by those criticisms whose pungent but medicinal virtue might aid me, in endeavouring to render the work less unworthy of the reader.

Several critics have alleged that the evils of the Union, and their baneful effect on the national character, are depicted too darkly. This is by no means surprising. Whoever visits New York or Chicago, and beholds the wonderful progress of the country, the energy of its people, the splendour of its cities, the length of its railways, the profusion of its products — marvellous creations of so brief a history, and pointing to a

VI PREFACE.

future as bright and illimitable — whoever has impressed upon his mind this side of the picture, and this alone, will turn with impatience from the other side of it, contrasting so harshly, yet equally true and of not less grave importance. There are few who have not witnessed the hectic glow and vivid energy, too often the delusive effects of undermining disease. To judge of the Union by its glittering surface, may be just as deceptive as to imagine that fatal beauty to be an evidence of health.

There are those, too, who have formed their opinions by the perusal of American literature. Familiar with the exquisite taste and genial humour of Irving — the graphic power of Cooper — the glowing eloquence of Channing — the touching pathos of Longfellow — the sparkling grace of Motley — impressions derived from these will naturally recoil from representations so discordant. But to judge of the United States by the few choice spirits of a literary circle, would be as unwise as to judge of the wealth of a country by some pearls found upon its shores. The writers of America may indeed be taken as an ensample, not of what its politicians are, but of those from whom they most widely differ.

PREFACE. vii

By what means, indeed, is a correct judgment to be formed ? The great majority of English observers who have visited that country agree in their verdict. This might be national prejudice. But the great majority of French authors arrive at the same conclusions. Still European prejudice. But when American writers, such as those who are quoted, confirm the other two, on what ground can such evidence be mistrusted ? An American work has appeared in support of the Union since the text was written. In it the author, a Northerner, Mr. H. T. Tuckerman, after deploring the neglect of civic duty under feelings " deadened by material prosperity." observes : " The field being thus deserted, statesmanship has declined, and politics become a trade. The strife of party has been degraded into a vulgar scramble for emoluments ; the able and honoured representatives of opinion, whose very names were once watchwords of fidelity and fame, were superseded by men of secondary ability and equivocal character ; office was regarded as compensation for partisan service, with an utter disregard to fitness ; patent abuses were tolerated ; and corruption so invaded the administration of government, from venal legislation and an imbecile exeviii PEEFACE.

cutive, as to afford every facility for treason." This is a late description by the pen of an ardent Unionist. There is no difference from that which follows except in the deductions we arrive at. He deplores its results, but is anxious to maintain the system. I think a change desirable in both.

In addition to this cumulative evidence we have the facts occurring from day to day — the incompetence at the head of affairs— the grotesque unfitness of the appointments made — the corruption exposed by the Committee of Congress now sitting, and this too at a time when national peril should have purified public spirit- — these are plain to every observer. None could desire a better illustration of the law of convenience than Mr. Seward has himself afforded, in his despatch on the restoration of the Commissioners. And of the views which follow on the general reverence for force, the outrage of Captain Wilkes and the eager applause that welcomed it, are striking verifications.

Admirably as that Trent outrage has been investigated, and as the alleged precedents, one after the other, have been sifted and exposed, there is one view of the event on which a word may yet be said. We are not living now in an age of

PEEFACE. IX

violence, at a period stationary in spirit, or shaped to the model of earlier times. This is claimed to be an age of progress, in which man's mind has taken a great onward step — a period to be memorable in future history for accessions to his power over the material world, over winds, and time, and distance — for creating means of communion that interlink nations in brotherhood — for great advances in political and in social knowledge— for infusing into legislation the spirit of a more generous benevolence — all tending to elevate our condition, and draw man nearer to his fellow-man.

At such a period, reason should possess unwonted sway, and on the occurrence of some startling event, although our first duty is to test it by the olden law, it also behoves us to judge it by the reason of the existing age. No outrage, indeed, to the feelings can be greater, than such as may be committed without infraction of any known statute. Whatever the dogmas exhumed from graves of buried lawyers, there would still remain the question, whether it was a reasonable thing to arrest a vessel known to bear the Queen's officer, and summon the British flag with sliiii and shell.

X PREFACE.

During the century we live in, the part this country has played on the world's stage, has been no small nor yet ungenerous one. Through all those years, although reluctant to enter upon war, she has not been deaf to the call of the weak, and has ever been ready to offer the welcome of that flag to all, whatever their name or clime, who sought for refuge. And names, too, are associated with it not readily forgotten. In our own day Franklin has planted it, and yet a shred may hang over some rude cairn, where lie around those scattered relics that bid science mourn her heroes. The right arm of a Havelock has borne it, with the Bible enfolded in his breast ; and a ministering spirit has attended it, whose gentle shadow soothed the fevered frame as if an angel fanned it softly with its wings. It has passed into desert lands, and the wilderness has yielded up its solitude ; there, where all was silent, industry now swells its cheerful voice, and nations have arisen into being, to complete the girdling of the world with the great circlet of humanity.

Thus, it is not alone as a banner embroidered with names of battles, nor yet as the symbol of freedom and law to a fifth of the human race, —

PREFACE. xi

but as the token of an asylum that all may claim, as an emblem bespeaking works of peace and goodwill to man — these may entitle it to claim respect from him who meets it, whoever he may be.

That cloud has passed away, but still this fratricidal contest drags its slow length along, inflicting more and more suffering on Europe, and planting more and more deeply in American soil the roots of passions that will darken future years. A sad spectacle it is, to see those denying to others the self-government they demand so vehemently for themselves — rejecting their own axiom of the " consent of the governed," the moment it proves to be inconvenient — and by the power of numbers swelled by mercenary hordes, struggling to crush and subjugate men of their own race, with whom their only tie was based on mutual free will. Not less sad the delusion of those who imagine, 'that if successful, they shall be able to cloak the bitter relationship of the vanquished to the victor, under the name of a Union, or that others can fail to detect, that under protestations of liberty the real object is a double slavery — of the negro to his master's will, and of his master's will to their own.

But the tire that sweeps over the prairie,

Xli PREFACE.

threatening to scathe and destroy all that has life or value, is followed soon by a fresh herbage of a purer and a choicer green. Let us hope that when this fiery wind has spent its force, the people of America, purged from the rankness of too sudden growth, may arise to a renovated career, and whatever their forms of government, take that position in the world's esteem of which their fathers dreamed, and which many in other lands hopefully believed to be their destiny.

J. S.

Liverpool, March 1862.

Chapter 1. Effects Of Tiie Union

Criticism justifiable at the present period Probability of duration. — Ancient Federal systems Modern Federal Republics equally unenduring Elements of decay or disruption in the system Opinions of authorities on this subject No cause to prevent impartial judgment Material prosperity no sure test of institutions Decline of ability at the head of the StKte . Payment of members. — Political corruption . Unqualified suffrage and democratic excess . Exclusion of ministers from Congress and its effects

Tagc.

7 8 10 12 16 21 25 36 39 42

Chapter II. Effects On Character

Magnitude adopted as the standard. — Exaggeration

Perversion of history under its influence

Effect of incessant elections : excitability of temperament

Despotic rule of political majority, — Its effects

Degradation of judges and disrespect for law

Inherent weakness of the Government and its effects .

Lynch law. — Vigilance committees. — Force only respected

Laxity of political principle. — All's fair in politics

Repudiation, — Illogical reasoning.— Mr. Cassius M. Clay

Justice Story on the common fate of Republics .

Politics of our own operatives : resemblance to the American

XIV CONTENTS.

CHAPTEE IIT.

CAUSES OF DISRUPTION.

Page.

Desire for self-government. — Revolt against Great Britain . . 84

People of North and South strongly antagonistic. — Causes of this 87

South originally predominant. — Effects of immigration . . 91

Effects of change in the ratio of representatives to number . . 95

Decline of Southern States. — Struggle to avoid loss of power . 97

Eeal signification of the election of Mr. Lincoln .... 105

True character of the question of slavery in the territories . . 107

Facts showing it to he a political and not moral question . . 109

Northern views opposed to the Constitution "and the Supreme

Court Ill

Future prospect of the South if remaining in the Union . . 113

Holland and Belgium. — General reflections on this subject . .117

Chapter IV. The Slavery Question

Hardships of slavery greatly exaggerated. — Comparisons . . 122

The Negro race radically inferior in mental power . . . 125

Injury of the system to the white class 130

Moral aspect of slavery. — Slave clauses of the Constitution . . 131

Not the real ground for the Secession movement .... 135

Not to be interfered with. — Mr. Lincoln's and other declarations . 1 38

Negro labour essential to the cultivation of the South . . . 142

Question of property and also of strong feeling .... 144

Conduct of Abolitionists. — Absence of practical measures . . 148

Only rational prospect of emancipation 158

Is really a question of detail. — Power of public opinion . . 162

Chapter V. Tariffs

Brief history of the course of American tariffs .... 16G

Nullification of the State of South Carolina .... 175

Effect of protectionist tariffs twofold against the South . . 179

Morrill tariff. — Its blunders. — Duties on cotton goods . . . 180

Duties on different descriptions of iron 183

Mode of passing the Act. — Log-rolling. — Rushing . . . 186

CONTENTS.

Excuses offered for it. — Taxation without representation Decay of older Southern States attributed to tariffs Natural affection of the Southerner for his own State Causes of disruption, geographical. — Tncapable of cure xv

Chapter VI. Right Of Secession

Difficulties of the inquiry from external appearances . Sketch of the framing of the Constitution Secession not a novel doctrine. — Asserted by the North Arguments used against secession. — Replies to them No clause forbidding secession. — The reasons for this The phrase, "We, the people." — Its true signification Question of sovereignty originally in each separate State Repealing ordinance of Georgia. — Powers of a Convention State Constitutions. — Their principles and effect. Declaration of Independence. — Consent of the governed In a Federal Union, secession should be an admitted right

Chapter VII. Struggle To Maintain The Union

Leaders of the movement not expecting civil war . . . 247

Superiority of the North in numbers considered . . . 250

Comparative financial effects of the war 254

Comparative military qualities. — Value of officers . . . 259

Comparative political ability. — Difference of motive . . . 203

Material obstacles to invasion. — Positions. — Panics . . . 265

Space. — Russian war. — Revolutionary war decided by it . . 268

Measures adopted. — Blockade. — Expeditions by sea . . . 273

Sketch of operations of an invading army. — Its difficulties . . 278

Emancipation of slaves as a resource of the North . . . 283

Motives of the South for endurance. — Its effect certain . . 285

Chapter VIII. General Conclusions

Where is the rebellion ? — True nature of our loyalty

Sketch of our treatment at the hands of the Union

290 295

XVI

CONTENTS.

Page.

Question of privateering and measure of blockade . . . 300

Imputation of sordid motives. — Disproval by facts . . . 303

Capacity of Southern trade. — Its value to ourselves . . . 305

Consequences of a restoration of the Union if practicable . . 311

Advantages of separation to both parties 314

Magnitude of the Northern power afterwards .... 319

Would remain possessed of all essential attributes . . . 321

Beneficial effects of the removal of slavery .... 322

Appendix

Declaration of Independence Present Constitution .

Constitution of the Southern States.

343 346 371

THE AMERICAN UNION.

Chapter I. The Political Institutions Of The Union

Lest the neutral title of these pages should beguile any reader to assume that neutrality of opinion will pervade them, we warn him, upon the threshold, that he will soon encounter a current of reasoning adverse to the present doctrines and action of the Northern party. We have endeavoured to collect and weigh dispassionately the evidence and argument of both sections of the Union. It is not intended to offer the whole of this evidence, and to place before the reader a collection of conflicting materials, to be laboured by him into a judgment. Our object is, rather, to express the convictions at which we have arrived, accompanied by the facts and authorities which appear to substantiate them. And so far from preferring a claim to perfect neutrality, we hold that to be a condition of mind wholly unattainable during the excitement of such a contest. Whoever requires it must be contented to wait for thirty years. To write with the pen of rigidly

B impartial history, we need for a theme the events of a generation not our own.

No subject attracts so large a share of public attention, at the present day, as the American Union. In France and Germany, as well as in this country, its disruption affects interests of such magnitude, that in each of them it seems rather the shock of a great national calamity than the subdued reaction of some' remote event. In this country the interest is twofold, for beyond its effect on commerce, the final result will shape, through all future time, the fortunes of a people who are destined to be the most numerous family of our race. The subject is thus of commanding interest to all thoughtful minds, whether intent on political inquiry, or engaged in mercantile pursuits, whether depressed by the former history of similar events, or but recently elated with the buoyant hopes which the exulting prosperity of the New World encouraged. And there are those who are impressed with the belief, that it may prove impossible for this country to maintain a policy of inaction for so long a period as civil wars have usually endured. We are, indeed, already parties to the contest, as sharing the suffering it creates. So far the progress of events has still permitted us to look on as spectators ; but the time approaches when large masses of our population will be reduced to want, and when, however anxious to maintain neutrality, it will become extremely difficult to continue m an attitude of indifference.

Up to the present time, the greater part of our information as to the merits of the contest has been supplied by one only of the contending parties. The Federal or legitimate party — for, strange as it seems, this term may now be used in American affairs — have an overwhelming command of the press. They have the ear of Europe, and the advantage of exclusive and constant intercourse with us. And greatly beyond these in its influence to their advantage, is the fact that they speak to those whose principles and sympathy incline greatly in their favour.

But all know that, in political affairs, sentiment and sympathy have the effect of colouring media, through which objects are presented in a light more or less at variance with truth. The more they attract in the direction of one party the more requisite it becomes to hold them at arm's length — to follow the example of one of our judges, who recently replied to an impatient counsel : " It is for the very reason that my opinion inclines to your side, that I must weigh the more carefully what arguments there may be upon the other."

A feeling has been expressed that the present period is not the time for any inquiry into American institutions, and that criticism should be hushed in the presence of such grave events. Unquestionably, that small criticism which employs itself on matters of taste and habits would be sadly out of place at such time ; and this may be said, too, of any inquiry conducted in a carping

b 2

THE AMERICAN UNION.

spirit. It can be no time to recount a man's faults when he lies stretched in dangerous illness ; but it may be very right earnestly to inquire what has brought him to that condition — what causes, predisposing to disease, must be eradicated before he can be thoroughly restored, and more especially, how far any course we may take would delay or promote recovery to really sound health.

Another reason for silence has been assigned by those who remind us that we are of the same kith and kin. This, like all sentiment, may be pushed to an undue excess. Relationship is mutual, and its obligations are mutual. We cannot discover where this has been acknowledged by American citizens, save in their eloquence in after-dinner Anglo-Saxon speeches. Such words are valuable in the degree in which facts confirm them. We have received for many years one certain and unvarying treatment — our manufactures have just been virtually prohibited — the largest branch of our commerce is now paralyzed by a deliberate act — we are addressed in terms, and visited with threats, which bespeak no manner of affection. The relationship appears to bring to one side considerable indignity and scant justice ; must it return to the other nothing but tenderness and love? There has perhaps been enough of this fastidious delicacy, and matters grow too serious for more of it. It may possibly have created a willingness to rely upon it, and to abuse it. We take it to be now our plain duty neither to be dismayed at the present power of America, nor at that which has already threatened us as a prospect of the future, — nor yet to be disturbed by any virulence of the press, with which that country is afflicted, — nor, furthermore, to be restrained by sentiments which, though responded to in phrases, are denied in facts. We have been invited, nay, vehemently urged, to support the Union, or to sympathize with those who are struggling to restore it. Under these circumstances shall we take its merits upon trust, and continue to believe in them on hearsay ; or may we not attempt to form an opinion of our own, whether or not it be for the real welfare of any portion of the United States that the Union should be restored ?

We cannot, indeed, dispute the eloquence of the terms in which its advantages have been portrayed. The marvellous progress of the United States seems to confirm these glowing descriptions. We have heard, too, indignant denunciations of rebels . and traitors, and our own loyalty has predisposed us to join in the censure, though in the milder spirit of the looker-on. We have heard of the Free, as opposed to the Slave States, and our repugnance to slavery has impelled us towards the voice that was said to be the voice of freedom. We hear the praises of the Constitution, sounding and resounding so loudly, that we fall into a kind of deferential acquiescence, and yield ourselves to Ik- swept along by so irresistible a torrent of applause.

And yet, after all, it may be that the maintenance of a Constitution, which was framed by slave-owners, will afford slender hope of advantage to the slave ; and, indeed, it seems possible that the chances of his escape might be better in breaking the walls of his prison, than in rebuilding them. It may prove that the Southern rebels and pirates may be simply following, and for similar reasons, the example of those who have been extolled for the very conduct so reprobated, in others, now. Indeed, we may possibly find that the prosperity of the United States, so dazzling to the eye — their rapid progress and sudden wealth — may arise from local or peculiar causes, and that the Union may have been silently working out effects in the highest degree prejudicial, whilst the vigorous energy of the race, and the glare of apparent success, may have confused our judgment, and diverted attention from the real facts.

In endeavouring to form an opinion of the true value of the Union, one of the first questions that arises in the mind is whether this form of government— that of a Federal Republic — be really permanent in its nature. Were the Union in its former condition, there would be little interest in this inquiry ; but severed as it now is, and when so costly an effort is being made to restore it, we naturally ask whether durability may be expected in the future. All experience seems to teach that this form of government can never permanently endure, except on a very small scale, and under rare and peculiar circumstances. There have been already two Federal Republics in the United States, or, rather, the Union has existed under two Constitutions — that bearing the title of " Articles of Confederation," under which the revolutionary war was terminated, and that which followed it, and now exists. The history of Greece affords an example of two Federations, somewhat similar in their principles to the two Constitutions of the Union.

Under the Amphictyonic Council the States of Greece were loosely united in a league, similar to that of the American States under the old Congress. The Grecian republics also retained their individual sovereignty — had equal votes — and the Council was invested with power to declare war and make peace— to decide controversies between the States — to admit new ones into the league, and to promote its general welfare — in short, with all the chief attributes of the Congress in the first Confederation. This was followed in another portion of Greece by the Acha3an league, the type of the present Federal Republic. Its members retained their local power and jurisdiction under a Senate, or Federal government, to which were allotted the rights of war and peace, the duty of receiving and sending ambassadors, of making ties, and of appointing a praetor or president, who administered the federal affairs under the advice of the Senate. The same laws, customs, measures, and coin were ordained ; strangers were admitted to citizenship on equal terms ; and the effective nature of the Union may be seen in the fact, that when Sparta joined it she had to alter the laws of Lycurgus for the purpose. In spite of all this, both these Federations failed to endure ; and it may be held that they proved of serious injury to Greece, by sustaining the small States in a separate yet ineffective existence ; whilst but for this they might have been incorporated with the larger, and so have prevented the civil wars that proved so fatal to the country.

If it be held that the mercurial character of the Greek rendered his government unstable, we have another instance in modern times amongst a people, of all in Europe, the least open to that charge. The united provinces of Holland formed a Federal Republic, under a president, bearing the title of Stadtholder. The confederation had an assembly or coDgress for general affairs, each province or State having its own legislature for provincial purposes, and enjoying a theoretical sovereignty. The history of this Republic presents on some points a striking analogy to that of the United States. The Dutch not only made a similar commercial progress, but displayed an energy, both in commerce and war, without any parallel in modern history, if the small dimensions of the country, and its many disadvantages are considered. The same features are found in all these cases — great activity in the people, constant intestine commotions, and the eventual extinction of the system of government.

But there are instances much nearer at hand. Mexico, Central America, Columbia, and the Argentine Republic all copied the example of the United States. It has been argued that the system has failed in these cases, not from demerit in itself, but from the faults of race. But if any government succeed with one race, and fail with all others, it would appear that the whole merit of the success must lie in the race, and not with the system. Certainly, in every other instance on record, federal republicanism, when the component States have had the dimensions of powers, and not of provinces, has proved a signal failure. If its merits are to be tested by experience, it would apj>ear that results have invariably disproved it, not only in remote times, but in the present age, in the immediate neighbourhood of the Union, and under the most favourable auspices. In the case of Mexico, it is capable of very clear demonstration, that the political ruin of that unhappy country has mainly resulted from evils arising in a Federal system, copied from that of the United States. In their war of independence, the Mexicans proved themselves to be men equal to the Brazilians ; and yet now that time has developed the effects of political institutions, how inferior is their condition! On one side of the Andes the Federal system exists in the Argentine Republic, a scene of incessant strife, oscillating between anarchy and despotism, with intermittent fits of civil war ; whilst on the other side of that range, there is a Eepublic — that of Chili — free from the Federal principle ; a people of the same race, much less favourably situated, yet steadily prosperous to the present day. Thus the general experience of the New as well as of the Old World, teaches that the peace and welfare of any people, under a Federal system or Union, would seem to be only a temporary exception to an invariable rule.

We say temporary, for the present disruption of the American Union is clearly another proof of the rule. It has long been predicted on theoretical grounds. Whenever a Federal Republic is formed of States large enough to exist as independent powers, or which, as in this case, have already existed as independent communities, two opposite forces come at once into action. There is the original attraction, or the compression, that brought them, and holds them together, and there is a disruptive force in the jealousy, ambition, and conflicting interests that come into existence. So long as the former exceed the latter they continue united, but whenever the disruptive power overcomes that of cohesion, they fall asunder, unless restrained by force ; and to apply force is to abandon the principle of the system. It will be seen that time tells upon these influences with a twofold effect. The States originally unite because they arew eak, because their population is small and they have a sense of insecurity in standing

POLITICAL INSTITUTIONS OP THE UNION. 11

alone in the world. Time removes all this, whilst, on the other hand, it strengthens all the influences that tend to disruption ; for with the growth of riches come the means of political corruption, — with the accumulation of masses of indigent population arise the elements of discontent, — with the development of special branches of industry conflicting interests come into play, — with the increase of grandeur there will grow too the spirit of ambition. There is but one thing that can counteract all this. When the original union of States has, in the progress of its development, become homogeneous, so that time has obliterated the first lines of distinction, and the whole has fused into a united people, — in that case the Federal principle has disappeared, and given jplace to a consolidated State. In the United States, although this has occurred in some respects, in others, and those of far the greatest force, time has wrought the opposite effect. The original elements continue, and permit the action of the laws under which time and growth, are fatal to this form of government. In truth, no Federal Union has ever been formed, on a large scale, of States which had approached a mature condition ; it has always been the resource of communities still young and feeble. It arises, indeed, out of their youth ; but in time they cease to be young, they become mature and powerful, and win i! tin's point is reached, it becomes as natural for those which may now differ from the rest to desire independence and free action, as for grown men to desire a termination of the conditions which were necessary and fitting in their early days.