The future: a political essay

Front matter

PUBLIC LIBRARY

FOUNDED MDCCCXCVIII DISTRICT OF COLUMBIA

Class \I.X<B.3

Introduction

The Object of the Work — The Propositions which it aims to establish — The Spirit in which the Author will endeavor to discuss them — The propriety and importance of such a Discussion at the present time — Practical Questions alone to be considered, . . 9

Chapter I

State Sovereignty — Mr. Sumner's Attack upon it in " Our Domestic Relations " — The Articles of Confederation — State Sovereignty under the Confederation — Origin and Theory of the Constitution — The Powers which it grants to Congress and denies to the States, compared with those granted and denied by the Articles of Confederation— The Federalist on the changes made by the Constitution and on State Sovereignty — The question of Supremacy considered— Recognition of State Sovereignty in the Constitution — Constitutional and Legislative Provisions of New York and Massachusetts on that Subject — Its recognition in the proceedings of the two States and of Congress, relative to the Cession of Boston Corner to New York — Mr. Sumner's Opinion in 1855, ... 17

Chapter II

The Constitutional Power of the General Government to suppress a Rebellion — That Power not aifected by the unwarrantable sanction of a Rebellion by a State — The impossibility of a Constitutional Collision between the State and National Sovereignties— The course of the General Government in the Nullification Controversy — A similar course in this Controversy will not expose us to the charge of coercing Sovereign States— Consideration of the Doctrines of Forfeiture of State Rights by State Treason, of State Suicide, and of the Abdication by a State of its Place in the Union, . 46

Vl CONTENTS.

Chapter III

Answer to Senator Sumner's Theory of a " Tabula rasa" in consequence of the vacancy of the State Offices — The unconstitutionality of the project to disfranchise Individuals or Classes by Act of Congress — The recognition of the Insurgents as Belligerents will not give us the rights of Conquerors over Territory wrested from them — State Eights, not being derived from the Constitution, cannot be forfeited to the General Government — That Government has no power to disturb the balance of our Political System by accepting such a Forfeiture, .... 60

Chapter IV

The Theory upon which we entered into the War — The Assurances respecting its Object and Termination which were given to Foreign Nations — The Adoption of the Crittenden Resolution — Its Obligatory Character as a National Pledge, . . . 74

Chapter V

The Emancipation Proclamation as a War Measure — Consideration of the Rights of a Belligerent over the Slaves of Citizens of an Invaded Nation regarding them as Property— The same Rights regarding them as occupying a Peculiar Status under the Local Law — The Owner's Rights after the Restoration of Peace — Reasons why the Emancipation Proclamation exceeds the Rights of a Belligerent, and manifests a Revolutionary Intention on the part of our Government, 88

Chapter VI

How the Southern People were induced to Favor the Rebellion — Relations of the Slaveholders and of the Institution of Slavery to the Masses of the People — Theories of the Constitution and of Public Policy which were prevalent in the South — The Manner in which the Southern Union Party was Extinguished — Action of the Border Slave States 103

CONTENTS. vii

Chapter VII

Effects of the Policy thus far pursued by our Government towards the People of the South — The " Anti-Rosewater " Military Policy — The Penal, Confiscation and Exclusion Statutes — Result of those Measures iu arousing the Resentment and Hatred of the Southern People — Falsity of the Theory that the Masses at the South will regard with complacency the Ruin and Outlawry of their principal Citizens — Exaggerated Effects attributed at the North to Dissensions between the Confederate Authorities and their People — Practical Results of the Policy of Severity in the Districts which we have already conquered. . . .124

Chapter VIII

The impossibility of Governing the People of the South by means of State Governments, depending upon the Popular Vote, without allaying their Discontent— Results which attended the Attempt in Utah to maintain the Federal Government over a Dissatisfied People — Collisions which a similar Attempt in the South would provoke — The impracticability of introducing a new Element of Political Power, by means of the Blacks, or of Foreign Immigrants, or of Immigrants from the North — The practical Result of the Power of Government, popular in Form, to coerce its Subjects to obedience, compared with the Theory —

Action of President Jackson in the Nullification Controversy

His Opinion respecting the possibility of maintaining the Union by Force alone — Madison, Benton, Everett, Douglas and Webster's Opinions upon the same subject 157

CHAPTER IX. Senator Sumner's Plan of Territorial Governments for the South

The President's Plan of " Reconstruction " — A detailed Explanation of the latter — Delusive character of the apparent Intention to

submit the Emancipation Proclamation to the Supreme Court

The Plan contemplates the Abolition of Slavery by a revolutionary overthrow of the State Constitutions — Nature of the Popular Element of the "reconstructed" State Governments — Probability of the acceptance of the Terms of Amnesty by the Southern viii CONTENTS.

People now within our Lines — Readiness of the Baser Element of a Conquered People to ingratiate itself with the Conqueror — Illustrations of this Principle by the Conduct of Individuals in New York, New Jersey, Pennsylvania and South Carolina during the Revolutionary War — Efforts of the British Authorities to reestablish Civil Rule in South Carolina in the years 1780-17S1 — Their apparent success in bringing the People back to their Allegiance — Their Severities towards those who refused to acknowledge themselves British Subjects, . . . .180

Chapter X

The Facility of putting the President's Plan into Execution in the early Stages of the Experiment — The Difficulties will thicken as the Problem approaches Solution— Feelings with which the uucorrupted Part of the Southern People will regard the Tender of the Oath — Nature of the Undertaking which it requires from the Pardoned Rebel— Character of the first Officials under the new State Governments — Feelings of Animosity which will exist between them and a large Portion of the Conquered People — The Necessities of the National Government will require that such Men shall be kept in Power — The Aid of the Military will be invoked for that Purpose — Impossibility of effecting the Pacification of the Country under such Circumstances— Worthlessness of Forced Oaths of Allegiance — The inevitable Tendency of Military Rule over a Conquered People is to Severity — The Evil is thus increased' by the Means employed to remove it— These Propositions illustrated — Results of the British Efforts to reestablish the King's Authority in South Carolina in 1780-1781 — How Military Force agrees with a Popular Form of Government in Maryland and Delaware — The Military Establishment which the Policy of Subjugation will require us to maintain — Expense of such an Army — Questions as to our Ability to defray the Expense or to keep the Ranks filled — Other Questions relating to the Subject, .... 210

CHAPTER XL Consideration of the Policy of Subjugation, under Mr. Sumner's Plan or the President's Plan, with reference to its effects upon

CONTENTS jx

Popular Institutions at the North — The Constitutional Restrictions upon the General Government were framed for the purpose of preventing the Downfall of Public Liberty — The tendency of the Government to disregard them — The Barriers erected to check that tendency— The Independence of the States was one of those Barriers — The effect of the proposed " Reconstruction " will be to destroy it — The Independence of the Legislature and Judiciary constitutes another Barrier — It was secured by the Dependence of the President upon them and of the Legislature upon the People — It was further secured by the President's Personal Responsibility — The Provisions to protect the Liberties of the individual Citizen added to give it greater Strength — Consideration of the Doctrine that the Provisions protecting Personal Liberty are not applicable to a time of Civil Commotion — Its effect in destroying the Responsibility of the President and of the Legislature to the People — Its effect in destroying the Independence of the Legislature and Judiciary, and rendering the Pesident independent of both — The President's Plan is even more dangerous than Mr. Sumner's — The policy of Subjugation under either Plan frees the Executive from Control or Responsibility, and leaves the Liberties of the People at his mercy — Effect of the vast Increase of the Annual Expenses of the Government which it involves, in disposing the Wealthy Classes to the Abolition of Popular Government— The presence of a large Standing Army will destroy the Popular Appreciation of the existing Form of Government, 242

Chapter XII

The Danger to Popular Institutions from Party Spirit was overlooked by the Authors of The Federalist — The Honesty and Patriotism of the present Executive and his Party conceded — But their Political Training menaces Public Liberty with Destruction— The Dangerous Tendency of the Doctrine that Rulers must be Unconditionally Supported, pending a Great National Crisis — Causes of the excessive Party Spirit which has hitherto raged — Alarming Results which it has already produced— Further Ex- 1* x CONTEXTS.

cesses which it threatens during the state of Civil Commotion which will follow the Military Repression of the South — They will render the Preservation of Popular Liberty impossible — The situation of the President and his Necessities — Inefficiency of the restraining Power of Conscience over a Ruler so situated — The manner in which the Constitution will probably be overthrown and the Pretexts by which its Overthrow will be justified — Virulency of Party Spirit during Washington's Administration — His Warning to his Fellow-countrymen against its Effects— His Warning against Usurpation — Results of the Teachings of all the Writers upon the Constitution — Incidents of the Maryland Election of November, 1863, . . . . . .280