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THE MAJORITY REPORT.

481

The Majority Report.

revolutionary movements against | course in respect to the abanThe Majority Report. the Federal Government have donment of its own forts, arsenals, and other public buildings upon threats of forcible expulsion, if the demands upon it are not at once acceded to, we may well pause and consider to what depths of degradation and humiliation the American Government is approaching, if the lowest depth has not already been reached.

acquired a political position which entitles them to some other consideration than is most commonly due to those who invite a collision with established authority. It is this attitude of the President that the Committee particularly desire to express dissent from, and to affirm most emphatically the doctrine that so long as the Federal Government exists, its Constitution and laws operate with full vigor upon the people of every State, and that no action of State authority of less degree than successful revolution can justify any department of the Government in treating any persons engaged in the effort to throw off all Federal obligations other than rebels and traitors, and entitled to be dealt with as such.

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"The Committee do not propose to discuss here whether it is wise or politic at the present time to employ the whole power of the Government under all circumstances and at all hazards to punish offenders against its laws. In times of extensive civil commotion and discontent, prudence may dictate great caution and forbearance in the exercise of acknowledged powers; and when whole communities assume the attitude of revolution against established Government, for real or imaginary wrongs, it may be wise to listen to their complaints with attention, and not, by any unnecessary rigor against palpable violations of law, provoke passions already unduly and unreasonably excited. But when growing discontent assumes the position of actual hostility; when, instead of seeking redress under existing

boldly avowed by overturning the Government to which their allegiance is due, we cannot see the wisdom of a policy which permits treason to perform its work without hindrance of molestationabove all we cannot sanction a policy in the Executive Department of this Government which professes a purpose of executing its laws and protecting its property from unlawful violence, and yet remains inactive when revolution is actually impending, and entertains friendly intercourse with embassies instigated by and growing out of the highest type of treason to the Federal Constitution.

"Even if, from any considerations growing out of the structure of our Government, or the dangerous tendency of the secession movement in several States of the Union, the anxiety to prevent the shedding of blood, and of avoiding the evils of civil war, great forbearance in the actual enforcement of the laws against political offenders may be pardoned, and perhaps justified, we are not prepared to give our assent to any action of the Executive Depart-forms, resort is had to force, and the purpose is ment, which, in express terms, or by necessary implication, may seem to place the responsible actors and abettors of secession in any State of the Union in any other aspect than that of traitors to the Constitution of the United States. It is believed that the assertion and maintenance of this position is essential to the existence of the Federal Government, and without which it neither can have nor deserve obedience at home or respect abroad. It may, perhaps, for a time, be tolerated that offenders against the laws may be permitted to go unwhipt of justice.' The forcible seizure of public property by rebellious citizens may temporarily be allowed to pass unpunished, for reasons which may appear satisfactory to those charged with executive duty; but this condition of things cannot be of long continuance. Either the Government must vindicate its power, or it will itself become powerless. If any portion of the people of the Republic may at their pleasure repudiate all Federal authority, defy and disorganize the Government, seize its property, and insult its flag, without incurring the hazard of punishment for treason, either by civil or military authority, we may well admit that there is no Government of the United States worthy of preservation. And if, after the people of the State, without adequate cause, have announced their purpose of repudiating all allegiance to the Federal Union, they are without question to be entertained by the Government of the United States, in diplomatic inter

"The President acknowledges the obligation of his oath to protect and defend the Constitution and enforce the laws made in obedience to its requirements, denies the right of secession, and yet in the correspondence before us we have the evidence that with full knowledge that the authority of the Government has been set at defiance, its dignity insulted, and its flag dishonored, he yet negotiates with treason and commits the Government to a partial recognition of the revolutionary movement for its destruction. If for any considerations of policy he may be justified in suspending the exercise of its powers, we know of no reason that can justify a course of action which ignores the theory upon which the whole foundation of the Government rests. If the fact that the Government has the power to protect itself from domestic violence may not prudently be acted upon under any apprehen

sion that any exercise of auThe Majority Report. thority may irritate and exasperate those already in open rebellion, it would be some consolation to such of the citizens of the United States as are still loyal to the Constitution to feel assured that the desire to shield traitors from the consequences of their acts may not result in the utter demoralization of all Federal authority and dignity.

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The Majority Report.

Government-provided, that no
reinforcements shall be sent to
these forts, and their relative
military status shall remain as at present.
"At the time this paper was presented the Presi
dent objected to the word provided,' as it might, as
he expressed it, be construed into an agreement on
his part which he never would make.' It was, he
thinks, obvious there could be no such agreement
made, and he says it was regarded in effect as the.
promise of highly honorable gentlemen to exert
their influence for the purpose expressed. The pur-
pose of the President was well known not to re-
inforce the forts in Charleston harbor until they had
been actually attacked, or until he had certain evi-
dence that they were about to be attacked; and we
are informed by his communication before us, that
in respect to these forts he acted in the same man-
ner that he would have done if he had entered into
a formal agreement with parties capable of con-
tracting. It does not, therefore, appear to be ma-
terial whether, in a strict technical sense, there was
or was not an agreement to the' effect indicated in
the paper lodged with him by the Representatives
in Congress from the State of South Carolina. It is
perfectly clear that at that time it was regarded as
certain South Carolina would attempt to secede
from the Union, and intended to obtain possession
of these forts, either by force or negotiation. With
a knowledge of these purposes, the President de-
termined to send the officer in command no reiu-
forcements, and he has acted in this respect in the
same manner as he would have done if he had made
a formal agreement to that effect.

"If we recur to the contents of the correspondence to which we have referred, there is but little to commend it to favorable consideration. The communication by the Commissioners' of South Carolina to the President conveys, in the most unqualified terms, an imputation of bad faith upon the President, and of necessity upon the Government of the United States, on account of the occupation of Fort Sumter by Major Anderson and his command. It is clearly intimated that some agreement previously made by the President respecting the occupation of the forts in the harbor of Charleston had been violated. From this charge the President has undertaken to defend himself, and to furnish excuses.for the action of the Government in respect to the occupation of its own fortresses and the disposition of its own troops. The fact that the State of South Carolina intended to rebel against the Government of the United States was well understood long before her ordinance of secession was actually adopted. The probable consequences such action, it was also well known, would be an attempt, on the part of the State, to take possession of all the forts, arsenals, magazines, and other public property within her limits. Under such circumstances, nothing would seem to be clearer than the duty of the President to "In this disclosure the Committee is not able to provide in due time an adequate force for the pro- resist the inference that, in the beginning of the tection of all the public property in danger of as-revolutionary movement against the Government sault. Instead, however, of taking such a course, of the United States, there were relations of an exthe President seems to have been in communication tremely friendly character between those who conwith those engaged in rebellion, and a sort of under-templated rebellion, and those whose duty it was to standing appears to have been had early in De-suppress it. We cannot but regard it as a most excember, that no action should be taken by the Government of the United States to reinforce the command charged with the defence of the forts in the harbor of Charleston.

"On the 9th of December, 1860, the Representatives in Congress from the State of South Carolina furnished the President with a written statement under their signatures, expressing their strong conviction that the forts in the harbor of Charleston would not be attacked or molested previously to the action of the Convention of that State, then about to assemble, and they hoped and believed not until an offer had been made, through an accredited representative, to negotiate for an amicable arrangement of all matters between the State and the Federal

traordinary fact that parties notoriously contemplating the disruption of the Government, should beforehand stipulate with its executive authority in respect to the most convenient and least dangerous mode for making the rebellion successful. While the President has avowed his determination to exe cute the laws, he does not seem to have regarded treason to the Constitution of the United States contemplated and existing ás among the crimes condemned by the laws of the land and deserving punishment.

"That crime, the highest known to the laws of the world, appears in our history to have assumed a milder form, to be treated with marked tenderness by the authorities of the Government against which

THE

PRESIDENT

AND

THE REBEL AGENTS.

483

The Majority Report.

the crime is perpetrated. We do not think the history of any Government furnishes in this respect any parallel to the policy of our own, and we cannot believe that any Government, however powerful, can long survive the inauguration of, and persistence in, such a policy. We, therefore, regard it our duty to condemn, in the most emphatic terms, the course pursued by the President in recognizing or substantially holding diplomatic communication with the rebellious authorities of the State of South Carolina. The dignity of the Government required at least that the President should at once, and with firmness, decline all negotiations with a State in the attitude of rebellion, if the obligations of his oath did not require him to hand over such of the rebels as came within his power to the civil authorities of the United States, to be dealt with according to the forms of law.

"Even while these negotiations were going on, the President received information that the authorities of the State of South Carolina had seized, by force, Castle Pinckney, Fort Moultrie, the United States Arsenal, and the Custom-house and Postoffice, in the City of Charleston. Although the correspondence before us does not disclose the facts, the history of the times furnishes us with the results of this peace policy.' In several other States of the Union the authority of the Government of the United States has been defied and insulted, its flag dishonored, and its property unlawfully seized. No effort has been made to defend or recover it, and now a Revolutionary Government, embracing six of the States of the Union, (in all of which acts of violence against the property of the United States have been committed,) is set up in defiance of, and in hostility to, the Government of the United States.

"The Revolutionary Government must either be recognized or repudiated. Its independence must be acknowledged, or the persons engaged in the effort to establish it must be treated as rebels and traitors to the Constitution of the United States. To acknowledge the right of secession, or recognize the revolutionary acts growing out of it, is a surrender of the authority, power, and dignity of the Government of the United States, and a substantial agreement to its destruction. We cannot believe that the American people will consent to the dissolution of the Federal Union without an effort to save it, even if that effort involves a resort to all the powers which the Government is able to command. That it can be preserved by peaceful negotiations and compromise does not seem probable; for in certain quarters all propositions of that character are most distinctly repudiated. The demand is made that the Government of the United States shall surrender its

authority, or maintain it by

force of arms. We can imagine The Majority Report but one answer that ought to be given to such a demand, and the longer it is delayed the more disastrous may be the consequences to those who resist, as well as those who desire to maintain the integrity and the authority of the most beneficent Government established since the foundation of the world.

44

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The correspondence growing out of the mission of Colonel Hayne, Special Envoy,' from the State of South Carolina, communicated with the Message of the 8th of February, 1861, is also before us. The object of the mission, as already stated, was to demand of the President the unconditional surrender of Fort Sumter to the authorities of the State of South Carolina, accompanied with a threat that if the demand was refused it would be taken by force of arms. The views we express as to the duty of the President in relation to the first mission applies with equal, if not greater, force to that represented by Colonel Hayne, as Special Envoy. If it were possible, the character of the second mission is even more insulting and offensive to the Government of the United States than the first. In both instances the President refused to accede to the demands made upon him, but, in our judgment, this fact does not remove the objections urged against the propriety of receiving or entertaining communications with any Commissioners' or 'Envoys' from States in the condition of actual rebellion against the Government, who come not to obtain pardon for their of fences, but with demands which cannot, without disgrace and humiliation, be for one moment entertained.

"Whatever consequences may follow the effort to maintain the dignity and integrity of the Government of the United States, it seems impossible to contemplate the possibility of its peaceful destruction. So long as it has the power of self-preservation, there appears to be no alternative between its exercise, at whatever hazard, and a cowardly surrender, without a blow struck, upon the demand of rebels and traitors.

"Your Committee insist upon maintaining the dignity and exercising the powers of the Govern ment against any who deliberately set about its destruction, or invite collision with its power or its laws.

"In conclusion, the Committee recommend the adoption of the following resolution:

"Resolved, That in the opinion of this House the President had no constitutional power to negotiate with the represent. atives of the State of South Carolina for the surrender of any public property within the limits of that State, and that it is inexpedient for Congress to take any further action in relation thereto.""

The Majority Report.

government with interest. We give it almost entire :

*

*"It now remains to con

sider briefly the remaining snb

The Majority Report

tee. The Committee have been in session nearly every

The Minority Report, made by John Cochrane, took the ground that, by reference to the public messages of the President, so far from his having admitted the Com-jects intrusted to your Commitmissioners from any Seceded State to diplomatic intercourse, he explicitly refused to do day since they were appointed. Among the great so, and rigidly guarded against their assump-considered a large number of petitions and memovariety of subjects before them, they have diligently tion. He never received them otherwise than rials on the subject of conciliation and compromise; as distinguished citizens, and the only reason and while they earnestly desire that peace and har of the question being presented to Congress, mony may be restored to our distracted country on as appears from the report, was this refusal of the basis of justice and equality to all sections, with the President, and the reference of the whole a full recognition of all constitutional rights and obquestion to that body. The correspondence ligations, yet, in view of the fact that there are so shows that the Commissioners stated, in refer- many and so well-considered propositions already ence to this attitude of the President, that before the House, they have deemed it inexpedient "they felt no special solicitude as to the to make any recommendations on the subject, and character in which the President might recogthey report back all papers relating to the same. nize them."

"Under the instructions of the House, the Committee were to make inquiry and report as to the seizure of certain forts and arsenals, revenue-cutters, and other property of the United States.

lence in a portion of the Confederacy-the notoriety "The rapid development of acts of lawless vioand undisputed character of the facts-have perhaps rendered exact and official inquiry less important than could have been anticipated. All the Committee deemed necessary has been obtained in the forms of communications from the Executive

Departments of the Government, and are herewith communicated. on these sujects. But in proportion as the necessity of proof of their existence has

The report said that, in the whole course of the published correspondence, it will be impossible to detect the most trifling deviation from the evident annunciation by the President in his Message to Congress, at its opening, of his intention to defend the Union with the whole power of the Government, and to conserve its rights with all constitutional vigor. The ardent aspirations of an uncalculating zeal have denounced as timidity these dictates of sobriety. Repulsive impetuosity has derided them, and the ungenerous impulses of political hostility have visited upon them the invectives of acrimonious controversy. But, the sober sense of the public will inevitably prevail over these factitious stimulants of faction and discord, and ulti-passed in importance by any ever presented to this mately will be recognized and acknowledged the prescience which palliates the shock of disunion by the preservation of peace, which preserves from desolation by barricading the paths of blood, and woos the occasion for conciliation, compromise, and adjustment, by the counsels of moderation and peace.

The Committee, February 28th, submitted its report, covering the resolution, its causes, its claims, and the course to be pursued in dealing with it. It was a paper showing much ability in its production, although it but iterated what had become familiar to every intelligent mind. As a resumé of the entire question of secession, it will be referred to by the political inquirer and student of

diminished, the consideration of their magnitude

and importance has been rendered difficult and more imperative. The state of things, whether we call it

secession, rebellion, or revolution, considered in its magnitude and character, presents a question unsur

or any other Government. It becomes a question of existence to the Government, and involves not only the happiness of the 31,000,000 of our present population, but of more than ten times that number of their unborn descendants, and the hopes of the friends of free government throughout the

world.

"It is time for the American Congress to consider what the civilization of the world, the hopes of man

kind, and the spirit of our fathers hovering over us, expect us to do. One of the most remarkable things ever developed in the history of our country is the steadiness, uniformity, and power of the ratio of the increase of our population. For seventy years it has scarcely changed, and is as strong today, on a basis of 30,000,000, as it was when we had but 5,000,000 of inhabitants. It doubles our popu

THE PRESIDENT

AND THE REBEL AGENTS.

485

The Majority Report.

lation once in twenty-five years. Could we conceive it possible for this same ratio to continue for twice seventy years more, the year A. D. 2,000 would find within our present bounds 1,600,000,000 | of people. The question as to what shall be the condition of this vast multitude, and whether the spirit of anarchy, lawlessness, and violence, on the one hand, or of oppression and tyranny on the other, shall prevent, under the inevitable laws of population, their existence at all, and turn this heritage into a barren waste, may well lead us to pause and consider, and, when we have discovered our duty, apply ourselves to its discharge with increasing fidelity and with unflinching firmness. Hitherto our progress is without a parallel. And whatever may be the fate of the Republic, if it shall crumble into dust by the folly and madness of the hour, not only unchecked, but permitted and even aided by the rashness on the one hand, or imbecility on the other, of those who exercise brief authority in its different departments, the memorials of its greatness and beneficence, its glory and renown, of the hopes and

The Majority Report.

are told secession is not only a peaceful, but a constitutional remedy. As if the Constitution had provided for its own destruction by an inconsid erable fraction of the power that made it.

"To show the utter baselessness of this claim as a constitutional remedy, it is only necessary to con. sider that the ordinance of secession in any one of the States can by no possibility rise higher as a sovereign act of the State than a State Constitution adopted by an organic Convention. If we concede all possible regularity and formality in the Convention, and the fullest sanction of the State to the ordinance of secession, it is still no higher than the organic law of the State- just high enough, in fact, to be subordinate to the Constitution of the United States. Article 6, sec. I, of the Constitution declares:

"This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land, and the judges in every State shall be bound thereby, anything in

the onstitution [Ordinance of Secession] or laws of any State to the contrary notwithstanding.'

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The Committee content themselves with this

simple statement, to show the unconstitutionality of the whole proceedings.

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It is also clear that the claim is destructive of

fears that have hitherto clustered around it, and the disinterested patriotism and sterling virtues are at least secure. So much is safe. When genial influence will ever continue to be felt, and bless our race, time shall end. What, then, is secession? This question forces itself upon our attention at every step. Either in its legal or constitutional aspect, or in its revolutionary character, or in the fearful consequences of its unchecked progress, it meets us at every step, it shapes all policy, it imposes new and imperative duties; and since it threatens the exist-protection for their remaining rights. The powers

ence of the Government itself, its treatment should command the wisdom and patriotism of the nation.

'Self-preservation is the first law of a nation. The power to defend its implements of self-preservation is one of the clearest of all its powers. We cannot conceive of a nation without the power to build and defend forts, and all implements of war within its own jurisdiction. And yet secession claims to have seized, within sixty days, fourteen forts, costing $5,580,858, and mounting 1,124 guns. These forts are not only held against the United States, but two others are closely besieged, and assault is every day threatened. The arsenals, the arms, the revenue-cutters, the custom-houses, the post-offices, the mints, the money, and even the hospitals of the United States are seized and held with impunity. The operations of commerce are impeded. Seven States claim to have released themselves from all constitutional obligations, to have disrupted the Government, and formed a new and independent Confederacy in the bounds of the United States-all in the name of secession; and yet we

the first principles of government in any form. For the rightful powers of government are made up of such individual natural rights as have been surrendered by individuals, for the purpose of obtaining from the governments thus erected security and

of a State in the Union are derived from the individuals of the State. Hence the maxim of our fathers:

All governments derive their just powers from the consent of the governed.'

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Whether we consider the Government of the United States as a compact between the States, or as a Union of the whole people, secession is equally illegal and absurd, and equally destructive of the first principles of all government. If our Government be only a compact between the States, the States in forming the compact, exercised only such power as they had derived from the people; and if a State may resume the power, that is, secede, it follows irresistibly that each individual of the State may resume his sovereignty even while marching to the gallows, and all laws be practically nullified, and government rendered impossible. Secession, if admitted, would not only destroy the noble fabric of our fathers, but plunge the world into barbarism and anarchy, by rendering all govennment impossible.

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