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THE

OCCUPATION

A MILITARY NECESSITY.

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The Methodists, who al- | Book Concerns of New York and Cincinnati, The Methodists. ready had disrupted all re- whereby they became possessed of publica

lations with their brethren tion offices of their own-long been in a conof the North, had, by expurgating this book dition of antagonism and rebellion. Having of Discipline--by scarifying the Works of “seceded" from their parent principles and John Wesley and Whitfield—by a forced di- Church, they were fully prepared to secede vision of the property of the Church in the from the Union.

CHAPTER II.

EXAMINATION OF THE CHARGES PREFERRED BY THE SECESSION LEADERS AGAINST THE NORTH, THE DOMINANT PARTY AND THE PRESIDENT-ELECT.

A FULL understanding the Free States was..

1,810,430 Specification of

of the revolution cannot For the Democratic and Union Charges.

be had if we should fail tickets in the same States. 1,706,839 to advert to the features of the dominant

Minority of the Opposition . . 104,091 party, which gave so great offense to the making, really, but one hundred and four South, and to the views of Mr. Lincoln, to thousand popular majority in the entire North which all extreme Southern men referred with against tickets upon which were Southern deprecation. In the speeches and documents candidates. Unite this minority opposition thus far quoted in these pages, the points at to its immense majority in the Slave States, issue are referred to in generalities. Thus, in and it will be found that, in the thirty-three the Mobile Declaration of Causes (pages 38, States which voted for President, in 1860, the 39,)—in the South Carolina Declaration (page Republican party was greatly in the minority, 96 et seriatim,) --in the speeches of Messrs. [See page 32.] if all the opposition were united Iverson, Clingman, &c., express and unquali- against it. But, of the Republican party, it is fied charges are made of an inimical spirit on repeating an acknowledged fact to say that the part of the North; of the revolutionary nine-tenths of its supporters entertained only character and designs of the dominant party ; feelings of kindness toward the South as a of the unconstitutional nature of the Personal section of the Union, and toward its people. Liberty laws of Northern States; of the non- Their opposition was designed to be only the execution of the Fugitive Slave law ; of the legitimate and constitutional exercise of hostility of the President-elect to Slavery, opinion and suffrage. The material relations &c.; but, in all instances, these assumptions of the South to the North forbade that there are so general as to demand their more par- should be any personal or sectional estrangeticular examination, in order to see with what ment. An inimical “North" had no existjustice the charges preferred are made. Only through a special exposé can we get at the

2d. The revolutionary designs of the dominant facts in the case, and reduce mere statements party. The platforms” of the various paror impressions to the test of justification or ties are regarded as the constitution, or declarejection.

ration of principles, of that party. The Re1st. Inimical feelings of the North. It is a publican platform stipulates: First, That the sufficient reply to charges of this nature to necessity of the Republican party demands its point to the large vote polled in the Free peaceful and constitutional triumph. Second, States for Southern men in the last election. That the principle that all men are created Thus, the vote cast for the Lincoln ticket in equal and endowed with certain inalienable

ence.

rights is essential to the preservation of Re- tion, a summary way was open for getting publican institutions; and that the Federal rid of them by citing the State before the Constitution, the Rights of the States, and the United States Supreme Court. The compoUnion of the States must be preserved. Third, sition of that Court, for the last forty years, expresses “abhorence to all schemes for dis- has been such that the South, at least, had union, come from whatever source they may." nothing to apprehend in its decisions on the Fourth, The maintenance inviolate of the Constitutional right of property in slaves. A rights of the States and “especially the right good authority before us says:-“The Perof each State to order and control its own sonal Liberty laws merely protect the inhabdomestic institutions, according to its own itants of the Free States from kidnappers, and judgment exclusively," and denounces the secure to those who are charged with owing lawless invasion, by armed force, of the soil service or labor a fair and impartial trial, of any State or Territory no matter under what such as the Constitution of the United States pretext. Its seventh and eighth sections were: guarantees to every person. If a Southern

“7. That the new dogma, that the Constitution, slaveholder seizes his slave in Massachusetts, of its own force, carries Slavery into any or all of and proves his claim to him, the Personal the Territories of the United States, is a dangerous Liberty law offers not the slightest obstacle political heresy, at variance with the explicit pro- to his rendition. But it very justly, and visions of that instrument itself, with contemporaneous exposition, and with legislative and judicial

righteously, and constitutionally provides, precedent; is revolutionary in its tendency, and that the claim shall be clearly established besubversive to the peace and harmony of the country. fore the person seized shall be carried off

"8. That the normal condition of all the Territory It secures to the person charged with owing of the United States, is that of freedom ; that as our service or labor the same legal assistance and Republican fathers, when they had abolished Slavery the same opportunities of defense that are in all our national Territory, ordained that ‘no per granted to a person charged with murder or son should be deprived of life, liberty, or property, any other crime. It is sometimes maintained withont due process of law,' it becomes our duty, that the fugitive slave is in the same category by legislation, whenever such legislation is neces- with the fugitive from justice, and should be sary, to maintain this provision of the Constitution delivered up as summarily. But the cases against all attempts to violate it; and we deny the

are not parallel. The fugitive from justice, authority of Congress, of a territorial legislature, or of any individuals, to give legal existence to Slavery charged with murder, for instance, is not dein any Territory of the United States."

livered up, like the slave, into private hands, The other sections refer to matters not per- but into the custody of the law, to be legally tinent to the question at issue between the tried. But the surrender of the alleged fugiSlave and Free States. It is evident from tive slave involves no trial after delivery, this that only in the last sections quoted (7th He is consigned at once to Slavery. He is and 8th) are to be found subjects of complaint. put, without further process, into private The other sections are such as all Democrats hands—into the hands of a person who has a and Union men could subscribe to and en- strong pecuniary interest in suppressing his dorse. The reader must be his own judge as rights, if he have any. His only chance, to how far the question involved, and the therefore, of establishing his freedom, if declarations made in the 7th and 8th articles, wrongfully accused of owing service or labor, are causes for disunion.

is a trial in the place of his residence, where 3d. The Unconstitutional Personal Liberty he is known and can command witnesses, and laws. It is now known that there were no to secure that to him is the sole object of the Personal Liberty laws, in 1860, of an uncon- Personal Liberty law.” stitutional character, in any Northern State.

4th. The Non-Execution of the Fugitive Slate The law of Massachusetts, a few years since, law. It is asserted, with strict justice, that was pronounced unconstitutional by her own those States which have raised this objection legislators, and was so modified as not to be most frequently and imperatively are those open to the charge. If any such Liberty which have never been the losers of a slave bills were in contravention of the Constitu- through the inefficiency of that act. Mr.

VIEWS

OF THE

PERSONAL LIBERTY LAWS.

139

Everett says: " The manifesto of South Caro Judge Holt, of Kentucky, in his letter to lina, which led the way in this inauspicious the people of his State, adverting to this movement, sets forth nothing but the passage theme, said: of State laws to obstruct the surrender of * The census returns show that during the year fugitive slaves. The document does not state 1860 the Fugitive Slave law was executed more faiththat she ever lost a slave in consequence of fully and successfully than it had been during the these laws-it is not probable she ever did — preceding ten years. Since the installation of Presiand yet she makes the existence of these laws, dent Lincoln not a case has arisen in which the fugiwhich are wholly inoperative, so far as she is tive has not been returned, and that, too, without concerned, and which, probably, never caused any opposition from the people. Indeed, the fidelity

with which it was understood to be the policy of the to the entire South the loss of a dozen fugitives, the ground for breaking up the Union, and this law has caused a perfect panic among the run

present Administration to enforce the provisions of plunging the country into a civil war."

away slaves in the free States, and they have been The same statement was made by Mr. escaping in multitudes to Canada, unpursued and Douglas, in his speech of December 11th, unreclaimed by their masters. Is there found in 1860. Mr. Pugh, Democratic Senator from this reason for a dissolution of the Union ?" Ohio, and a warm friend of the Slave States,

We have, however, from the few Southern stated that he did not believe all the Slave lips which have had the candor to express an States together, had lost one hundred thous- honest and fearless sentiment in the case, the and dollars by their fugitives. Mr. Douglas confession that, after all, it is not that the confirmed it by saying, among other things :- Liberty laws are offensive—not that the Fugi"I think, therefore, there is little ground of com

tive law is not thoroughly enforced, that the plaint, so far as the section of the country in which revolution was instated. Mr. Iverson, in his I live is concerned, and yet I know that the South- speeches in the United States Senate (see pp. 65 ern people are induced to believe that if a slave gets -75] declared plainly that it was not for these into the North he is gone for ever. They are to think so because the cases of actual returns are

causes that the States were moving for Secesnever published, and only the exceptional cases of sion; but for the single, simple reason, that rescue come to the knowledge of the people. I wish the South was in the minority, and no longer, we could have the list of the fugitive slaves that are in the Union, could dictate the laws controlreturned, and of the number rescued, and I venture ling slaves. Then we have, as confirmatory the assertion that Southern gentlemen would be of the propriety of the Personal Liberty enactamazed at the fidelity with which that law has been ments, the views expressed by Mr. Rhett and executed. I believe, if we could have a record of others, in the South Carolina Convention, of the cases, they would be ashamed to bring up that the unconstitutional nature of the Fugitive subject as one of the causes to justify the dissolution Slave act* Hence, according to the theory of the Union, * * 'While we hear of personal liberty bills, prosecuted as the cause of disunion, we

* That these gentlemen did not atter mere perare told, and, so far as I know, the statement is true, that is no one case have these bills been the cause

sonal opinions, but rather a general conviction, in of depriving a master of the return of his slave. pronouncing the fugitive act wholly unconstitutional, These bills generally exist in that part of the coun

we have the statements of the Charleston Mercury. try where fugitives never come, yet so it happens. As early as June, 1856, it said:that there is the greatest excitement on this ques Of the action of Massachusetts in the abrogation of tion, just in proportion as you recede from the line the Fugitive Slave law, we have no complaint to make. which divides the Free from the Slave States * * * It was from the first a miserable illusion; and worse, When you go North, to Vermont, where they in fact, for it was an infringement upon one of the most scarcely ever saw a slave, and would not know how cherished principles of the Constitution, which provides one looked, they are disturbed about the wrongs of that fugitives froin labor, upon demand, shall be dethe slave; and when you get down Sonth, to livered up, but gives to Congress no power to act in the Georgia and Alabama, where they never lose any affair. The tenth amendment to the Constitution slaves they are disturbed by the outrage of these provides that the powers not delegated to the United bills, and the non-enforcement of the Fugitive Slave States, are reserved to the States or to the people. law, just in proportion as they have no interest in the clause above confers no power, but is the naked it, and don't know what they are talking about.” declaration of a right; and the power not being con

of the Secessionists—that a State has the to the secession leaders to prove to the massright and the power to sit in judgment on es of the South the hostile character of the acts of Congress-even if the Liberty laws new administration, and thus startled them were nullifying in their nature (which they into open revolution. Without entering at were not) they would have to be justified by all into a discussion of the views expressed, the revolutionists themselves.

we may state that, in assuming the doctrine 5th. The hostility of the President-elect to of the irreconcilable nature of Slave labor Slavery. Upon this point the Southern lead- and Free, both Mr. Lincoln and Mr. Seward ers of the rebellion founded their strongest were anticipated by Mr. Calhoun himself, who argument with their people, and, by a zealous grounded his entire theory of the necessity use of fact and fancy, succeeded in “precipi- of a Slave Confederacy upon an assumption tating" action upon the announcement of Mr. of the irreconcilable relations of the Free and Lincoln's election. The Anti-Slavery senti- Slave institutions. In his great Nullification ments most frequently quoted against the speech, in the United States Senate, (1833) candidate, by his Pro-Slavery opponents, was he said : from his speech in June, 1858, before the " The contest between the North and the South Springfield Convention, in which he said: will, in fact, be a contest between power and lib

In my opinion the Slavery agitation will not erty, and such he considered the present; a contest cease until a crisis shall have been reached and in which the weaker section, with its peculiar labor, passed. “A house divided against itself cannot productions and situation, has at stake all that is stand. I believe this Government cannot endure

dear to freemen.'' permanently half slave and half free. I do not ex

Commenting on the above, Mr. Benton repect the Union to be dissolved—I do not expect the marked :house to fall, but I do expect it will cease to be di

"Here is a distinct declaration that there was vided. It will become all one thing, or all the other. then a contest between the two sections of the Either the opponents of Slavery will arrest the fur- Union, and that that contest was between power ther spread of it-place it where the public mind and liberty, in which the freedom and the slave shall rest in the belief that it is in the course of ulti- property of the South were at stake. This declaramate extinction; or its advocates will push it for- tion at the time attracted but little attention, there ward, till it shall become alike lawful in all the being then no sign of a Slavery agitation, but to States, the old as well as the new-the North as well close observers it was an ominous revelation of as the South."

something to come, and an apparent laying an anThis, taken in confirmation with Mr.

chor to windward for a new agitation on a new subSeward's somewhat celebrated Rochester

ject, after the tariff was done with." Speech, in which the “irrepressible conflict"

The expression above quoted from Mr. doctrine was avowed, gave argument enough

Lincoln's lips, in 1858, was not the strongest

to which he had given utterance, although it ferred results to the States, as one of the incidents was most frequently referred to by the Southof sovereignty too dear to be trusted to the General

ern leaders. In his Peoria speech, Oct. 16th, Government. Our Southern members strove for the 1854, (see Howell's Life of Lincoln, page passage of the law, and strove honorably; but it 279,] he said: shows the evils of our unfortunate condition, that, "What I do say is, that no man is good enough to in the urgency of our contest with an aggressive ad-govern another man without the other's consent. I versary, we lose the landmarks of principle. To ob- say this is the leading principle, the sheet-anchor of tain an illusive triumph, we pressed the Government American Republicanism. Our Declaration of Indeto assume a power not conferred by the instrument pendence says: of its creation, and to establish a precedent by which, ** We hold these truths to be self-evident--that in all after time, it will be authorized to assume un- all men are created equal; that they are endowed constitutional powers, and wearied with so many by their Creator with certain inalienable rights, efforts to confine it to its limits of legitimate powers, that among these are life, liberty, and the pursuit we are pleased to have assistance from Massachu- of happiness. That to secure these rights Governsetts, and if the question shall be determined in her ments are instituted among men, deriving their just favor we shall sincerely rejoice at such a vindication power from the consent of the governed.' of the Constitution."

I have quoted so much at this time merely to

MR. DOOLITTLE'S SPEECH.

141

show that, according to our ancient faith, the pow. reader is at liberty to make his own concluers of Government are derived from the consent of sions in the premises, and to say if these the governed. Now, the relation of master and slave mere opinions of the President were sufficient is, pro tanto, a total violation of the principle. The cause for the attempt to break up the master not only governs the slave without his con

Union. sent, but he governs him by a set of rules altogether

These sentiments are, however, disarmed of different from those which he prescribes for himself.

their asserted “hostility,” by their mere genAllow all the governed an equal voice in the Government; and that, and that only, is self-govern erality, as well as by the fact that no Presiment."

dent has power to change laws, to abrogate

decisions, or to forestall Congressional LegisIn September, 1858, he further added to lation. The Supreme Court is superior to his opinions of the equality of men of all him; the Constitution is superior to him ; races and conditions :

the House of Representatives is superior to " That central idea in our poiitical system at the him; his tenure of office is brief; and, even beginning was, and until recently continued to be, if he were Mahommedan or Brahmin, Monarthe equality of men. And although it was always chist or Socialist, he has no power to affect submitted patiently to, whatever inequality there the laws of the land for evil. seemed to be, as a matter of actual necessity, its

But, the President did not go before the constant working has been a steady progress to

people without a most specific record on all ward the practical equality of all men.

"* In what I have done I cannot claim to have the great questions agitating the public mind. acted from any peculiar consideration of the colored In considering charges of "hostility” to any people as a separate and distinct class in the com- section of the Union and its institutions, it is munity, but from the simple conviction that all the necessary to examine into his declarations in individuals of that class are members of the commu- regard to individual acts and provisions nity, and in virtue of their manhood entitled to every which he may be called upon to enforce, and original right enjoyed by any other member. We to scrutinize those views of public policy feel, therefore, that all legal distinction between in which he might seek to embody through the dividuals of the same community, founded in any legislation of his partisans. We have, in his such circumstances as color, origin, and the like, are Freeport (Ill.) speech, Aug. 27th 1858, his rehostile to the genius of our institutions, and incom

plies to the questions put to him by his oppatible with the true history of American liberty. Slavery and oppression must cease, or American ponent, Mr. Douglas. These furnish us with liberty must perish.

his specific executive views at length. The "* In Massachusetts, and in most, if not all, of the questions and answers were as follows:New England States, the colored man and the white

Question 1. I desire to know whether Lincoln, toare absolutely equal before the law.

day, stands, as he did in 1854, in favor of the uncon" In New York the colored man is restricted as to ditional repeal of the Fugitive Slave law? the right of suffrage by a property qualification. In

Answer. I do not now, nor ever did, stand in other respects the same equality prevails.

favor of the unconditional repeal of the Fugitive “I embrace with pleasure this opportunity of de- Slave law. claring my disapprobation of that clause of the Con

Q. I desire him to answer whether he stands stitution (of Ilinois) which denies to a portion of the pledged to-day, as he did in 1854, against the admiscolored people the right of suffrage.

sion of any more Slave States into the Union, even if " True Democracy makes no inquiry about the

the people want them? color of the skin, or place of nativity, or any other

A. I do not now, nor ever did, stand pledged similar circumstance of condition. I regard, there against the admission of any more Slave States into fore, the exclusion of the colored people as a body

the Union. from the elective franchise as incompatible with the

Q. I want to know whether he stands pledged true Democratic principle."

against the admission of a new State into the Union,

with such a Constitution as the people of that State This, we believe, was the record of the

may see fit to make. President-elect to which the South took most

A. I do not stand pledged against the admission violent exceptions, and which its incendiary of a new State into the Union, with such a Conleaders used in their efforts to influence the stitution as the people of that State may see fit to popular mind to the point of revolution. The make.

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